The Federalists vs. the Antifederalists

Anti Federalists vs FederalistThe Making of the Bill of Rights

Heritage Club, June 2014

Constitutional Convention Begins: May 25, 1787

“With the sole and express purpose of revising the Articles of Confederation.” Federalist 40: James Madison.

Virginia Plan

• May 29th, 1787 Edmond Randolph of Virginia outlines the Virginia plan drafted by Madison and agreed to by Colonel Mason and the other Virginia delegates: “Resolved that the Articles of Confederation ought to be so corrected & enlarged as to accomplish the objects proposed by their institution; namely, common defense, security of liberty and general welfare.“ (Anti-Federalist Papers, Ralph Ketcham)

Original draft of the Constitution on August 6th vs final draft of Sept 17,

1787

• Draft: • The Senate of the United States shall have

power to make treaties, and to appoint Ambassadors, and Judges of the Supreme Court

• Final: • He (President) shall have Power, by and with

the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States,

• (Anti-Federalist Papers, Ralph Ketcham)

Draft vs final Constitution

• Draft: • The Senate of the United States

shall be chosen by the Legislatures of the several States. Each Legislature shall choose two members.

• Final: • The Senate of the United States

shall be composed of two Senators from each State, chosen by the Legislature thereof,

Draft vs final Constitution

• Draft: • He (President) shall hold his office

during the term of seven years; but shall not be elected a second time.

• Final: • He shall hold his Office during the

Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: (XXII Amendment limited term to two)

Draft vs final Constitution• Draft:

Sect. 1. The Legislature of the United States shall have the power to lay and collect taxes, duties, imposts and excises; .......... To regulate commerce with foreign nations, and among the several States;

• Final: • The Congress shall have Power To lay and collect

Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

• To borrow Money on the credit of the United States;

James Madison, Federalist

James Madison

Some who have not denied the necessity of the power of taxation have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed that the power "to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,"amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.Had no other enumeration or definition of the powers of the Congress been found in the Constitution than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. (James Madison Federalist #41)

Draft vs final Constitution• Draft• On the application of the Legislatures of two

thirds of the States in the Union, for an amendment of this Constitution, the Legislature of the United States shall call a Convention for that purpose.

• Final: • The Congress, whenever two thirds of both

Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;

Articles Of Confederation ratifying amendments

• Article XIII: And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.

• Constitution: The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

George (Colonel) Mason

George (Colonel) Mason and Mr. Randolph

• Sept 7, 10 or 15 at convention: Colonel Mason and Mr. Randolph of Virginia delegation at the convention refused to sign the constitution. This delegation is the same group that introduced the Virginia Plan, which presented the platform to expand the federal powers under the Articles of Confederation. (Anti Federalist Papers, Ralph Ketcham, 1986)

George (Colonel) MasonAuthor of Virginia Bill of Rights 1776

• Colonel Mason concluded it would end either in monarchy or a tyrannical aristocracy, which he was in doubt, but one or the other, he was sure. This Constitution had been formed without the knowledge or idea of the people. A second convention will know more of the sense of the people and be able to provide a system more consonant to it. It was improper to say to the people take this or nothing. (Papers of George Mason, III, Rutland)

Convention concludes on September 17, 1787 and sends the

Constitution to the States for ratification

Richard Henry Lee (Federal Farmer)Anti Federalist, introduced the resolution for the Declaration of Independence,

and President under the Articles of Confederation.

Federal Farmer, October 8th, 1787 (Richard Henry Lee)

• “— when by the evils, on the one hand, and by the secret instigations of artful men, on the other, the minds of men were become sufficiently uneasy, a bold step was taken, which is usually followed by a revolution, or a civil war. A general convention for mere commercial purposes was moved for — the authors of this measure saw that the people's attention was turned solely to the amendment of the federal system; and that, had the idea of a total change been started, probably no state would have appointed members to the convention. The idea of destroying, ultimately, the state government, and forming one consolidated system, could not have been admitted — a convention, therefore, merely for vesting in congress power to regulate trade was proposed.”

Federal Farmer continued• “— The states still unsuspecting, and not aware

that they were passing the Rubicon, appointed members to the new convention, for the sole and express purpose of revising and amending the confederation — and, probably, not one man in ten thousand in the United States, till within these ten or twelve days, had an idea that the old ship was to be destroyed, and he put to the alternative of embarking in the new ship presented, or of being left in danger of sinking”

• “Virginia made a very respectable appointment, and placed at the head of it the first man in America: In this appointment there was a mixture of political characters; but Pennsylvania appointed principally those men who are esteemed aristocratical. Here the favorite moment for changing the government was evidently discerned by a few men, who seized it with address”

The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania

December 1787

• “The Continental convention met in the city of Philadelphia at the time appointed. It was composed of some men of excellent characters; of others who were more remarkable for their ambition and cunning, than their patriotism; and of some who had been opponents to the independence of the United States. The delegates from Pennsylvania were, six of them, uniform and decided opponents to the constitution of this commonwealth. The convention sat upwards of four months. The doors were kept shut, and the members brought under the most solemn engagements of secrecy. Some of those who opposed their going so far beyond their powers, retired, hopeless, from the convention, others had the firmness to refuse signing the plan altogether; and many who did sign it, did it not as a system they wholly approved, but as the best that could be then obtained, and notwithstanding the time spent on this subject, it is agreed on all hands to be a work of haste and accommodation.”

Minority opinion Pennsylvania continued.

• “Whilst the gilded chains were forging in the secret conclave, the meaner instruments of despotism without, were busily employed in alarming the fears of the people with dangers which did not exist, and exciting their hopes of greater advantages from the expected plan than even the best government on earth could produce.”

• “The proposed plan had not many hours issued forth from the womb of suspicious secrecy, until such as were prepared for the purpose, were carrying about petitions for people to sign, signifying their approbation of the system, and requesting the legislature to call a convention. While every measure was taken to intimidate the people against opposing it, the public papers teemed with the most violent threats against those who should dare to think for themselves, and tar and feathers were liberally promised to all those who would not immediately join in supporting the proposed government be it what it would.”

• “The continental convention in direct violation of the 13th article of confederation, have declared "that the ratification of nine states shall be sufficient for the establishment of this constitution, between the states so ratifying the same."

Patrick HenryAnti Federalist, former Governor of

Virginia

Preamble: Articles of Confederation vs final Constitution

• Articles of Confederation and perpetual Union between the states of New Hampshire, Massachusetts-bay Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.

• We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Patrick Henry: THURSDAY, June 5, 1788.

• “The fate of this question and of America may depend on this. Have they said, We, the states? Have they made a proposal of a compact between states? If they had, this would be a confederation. It is otherwise most clearly a consolidated government.”

Patrick Henry: THURSDAY, June 5, 1788

• “The rights of conscience, trial by jury, liberty of the press, all your immunities and franchises, all pretensions to human rights and privileges, are rendered insecure, if not lost, by this change, so loudly talked of by some, and inconsiderately by others. Is this tame relinquishment of rights worthy of freemen? Is it worthy of that manly fortitude that ought to characterize republicans? You are not to inquire how your trade may be increased, nor how you are to become a great and powerful people, but how your liberties can be secured; for liberty ought to be the direct end of your government.”

Patrick Henry: MONDAY, June 9, 1788

• “A number of characters, of the greatest eminence in this country, object to this government for its consolidating tendency. This is not imaginary. It is a formidable reality. If consolidation proves to be as mischievous to this country as it has been to other countries, what will the poor inhabitants of this country do? This government will operate like an ambuscade. It will destroy the state governments, and swallow the liberties of the people, without giving previous notice.”

The Preamble to The Bill of Rights

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

The Bill of Rights

• Amendment I• Congress shall make no law respecting an establishment of religion, or prohibiting

the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

• Amendment II• A well regulated Militia, being necessary to the security of a free State, the right

of the people to keep and bear Arms, shall not be infringed.• Amendment III• No Soldier shall, in time of peace be quartered in any house, without the consent

of the Owner, nor in time of war, but in a manner to be prescribed by law.• Amendment IV• The right of the people to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Amendment V• No person shall be held to answer for a capital, or otherwise infamous crime,

unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Bill of Rights

• Amendment VI• In all criminal prosecutions, the accused shall enjoy the right to a

speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

• Amendment VII• In suits at common law, where the value in controversy shall exceed

twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

• Amendment VIII• Excessive bail shall not be required, nor excessive fines imposed, nor

cruel and unusual punishments inflicted.• Amendment IX• The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people.• Amendment X• The powers not delegated to the United States by the Constitution, nor

prohibited by it to the States, are reserved to the States respectively, or to the people.

Conclusion

In the beauty of the lilies Christ was born across the sea,With a glory in His bosom that transfigures you and me:As He died to make men holy, let us die (live) to make men free;His truth is marching on.

Glory! Glory! Hallelujah! Glory! Glory! Hallelujah!Glory! Glory! Hallelujah! His truth is marching on.