What were the Anti-federalists for?

Main problem at the conventionWe need more order, but not at the expense

of liberty

Who were the anti-federalists?

At the conventionElbridge Gerry of MassachusettsRobert Yates of New YorkJohn Lansing of New YorkLuther Martin of MarylandJohn Francis Mercer of MarylandGeorge Mason of Virginia

Three delegates stayed until last day and refused to sign-Elbridge Gerry, George Mason, and Edmund Randolph

Elbridge Gerry (1744-1814)Signer of

Declaration and Articles of Confederation (could have been 1 of 3 to sign all 3 documents)

US CongressmanInventor of

gerrymanderingGovernor of Mass.Vice-president of US

On September 15, 1787, Mr. Gerry gives his reasons for opposition (2 days before signing)

1. The duration and re-eligibility of Senators2. The power of House to conceal their journals3. The unlimited power of Congress over their own

compensations4. 3/5s of the blacks are to be represented as if they

were free menHe could get over these objections, but felt the

“rights of the Citizens were…rendered insecure” byPower of Legislature to make what laws they please to

call necessary and properRaising armies and money without limit

(taken from Madison’s notes)

George Mason (1725-1792)Author of Virginia

Declaration of RightsOne of the five most

frequent speakers at the Convention

Wanted a Bill of Rights

George Mason’s objectionsIn the last two weeks he decided not to sign

Constitution at a great personal cost (Washington never spoke to him again)

His two major objections (no bill of rights and concerns about the judiciary) were resolved with the passage of the Bill of Rights and the 11th Amendment

He also disliked the vice-president being the President of the Senate (creates anunholy alliance)

Edmund Randolph (1753-1813)Member of

Continental Congress

Governor of VirginiaFirst Attorney

General of the United States

Secretary of State of the United States (1794-1795)

Randolph refused to sign:¾’s vote needed to override vetoSmallness of the number of Representatives

in HouseNo limit to a standing armyThe necessary and proper clauseThe power of the Legislature in regulating

their own compensationsWanted more than one executive because it

seemed like the “foetus of monarchy”

Other arguments…judges are too independent, “There is no power

above them…there is no authority that can remove them…In short, they are independent of the people, the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself…” Brutus (Robert Yates, Brutus)

“It cannot be denied…that this new constitution is…highly and dangerously oligarchic; and it is a point agreed that a government of the few, is, of all governments, the worst.” Richard Henry Lee

Samuel Adams of Massachusetts (1722-1803)Instigator of

rebellionSigner of

DeclarationLt. Gov. and Gov. of

Mass.Did not attend

Philadelphia convention

Argues that the sovereignty and diversity of the states will be lost with this new system

Patrick Henry of VirginiaVocal anti-federalistsRefused to attend the

Philadelphia convention saying he “smelt a rat”

Fought ratification at the VA ratifying convention

“…liberty ought to be the direct end of your Government…Liberty the greatest of all earthly blessings-give us that precious jewel, and you may take everything else”

Samuel Adams of Massachusetts (1722-1803)

Organized Boston Tea Party

Signed Declaration of Independence

Chose not to attend convention

Argues that the sovereignty and diversity of the states will be lost

Letter from S. Adams to Richard Henry Lee, December 3, 1787

“If the several States in the Union are to become one entire Nation, under one Legislature, the Powers of which shall extend to every Subject of Legislation, and its laws be supreme and control the whole, the Idea of Sovereignty in these States must be lost…

So great is the Wickedness of some Men, and the stupid Servility of others, that one would be almost inclined to conclude that Communities cannot be free. The few haughty Families, think They must govern. The Body of the People tamely consent and submit to be their Slaves. This unravels the Mystery of Millions being enslaved by the few!” (would his fit on Twitter?)

Letter from T. Jefferson to J. Madison, Paris, Dec. 20, 1787Dear Sir, …I will now add what I do not like. First the

omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies….

The second feature I dislike, and greatly dislike, is the abandonment in every instance of the necessity of rotation in office, and most particularly in the case of the President.”

The Federalists respondGeorge Washington,

John Adams, James Madison, Alexander Hamilton

Madison, Hamilton, and John Jay write a series of 85 essays under the name of “Publius” (later they are called the Federalist Papers) to defend the Constitution and dispel the peoples fears 1st Chief

Justice2nd Gov. New York

1st US Secretary of Treasury

5th Secretary of State4th President of US

Main Areas of DebateRepresentation: They believed that the advantage of

their system allowed the people to represent them who were the wisest and virtuous, even though they weren’t mirrors of the people Federalist #10

Tyranny of Majority: Federalists recognized the threat of the branches being distant from the people, but believed that the components of the Constitution would prevent any kind of tyranny Federalist 47, 48, 51

Governmental Power: Federalists favored the broad powers of the government (elastic clause, supremacy clause) in order to protect the nation and promote growth; they did acknowledge some dangers could exist but their were internal controls to protect the people

Ratification Results1787Delaware, December 7 (30-0)Pennsylvania, December 12 (46-23)New Jersey, December 18 (39-0)Georgia, December 29 (26-0)

Ratification Results1788Connecticut, January 9 (128-40)Massachusetts, February 6 (187-168)

but proposes 9 amendmentsMaryland, April 26 (63-11)South Carolina, May 23 (149-73)

approves with amendmentsNew Hampshire, June 21 (57-47)

approves with amendments

Ratification DebatesVirginia, June 25 (89-79)

Approves with amendmentsNew York, July 26 (30-27)

Approves with amendments

Federal Hall, New York, April 30, 1789 where George Washington is inaugurated

On September 25, Congress approves 12 amendments to be sent to the states for ratification. Ten are ratified by December 15, 1791 becoming the Bill of Rights.

ConclusionThe Federalists call for order (in the aftermath

of Shay’s rebellion) was tempered by the Anti-Federalist penchant for freedom (limiting the government’s right to act in fundamental areas of its citizens’ lives)

ORDER FREEDOM

The Anti-federalists established the precedent for future amendments that have emphasized freedom rather than order

ORDER FREEDOM

1-10, 13, 14, 15, 17, 19, 21 23, 24, 26

11, 12, 16, 20, 22, 25, 27

Ratification“…the proposed form of government for the union has

at length received the sanction of so many states as to make it the supreme law of the land-We as good citizens, are bound implicitly to obey them, for the united wisdom of America has sanctioned and confirmed the act, and it would be little short of treason against the republic to the constitution…We have escaped, it is true, by the blessing of Divine Providence, from the tyranny of a foreign foe, but let us now be equally watchful in guarding against worse and far more dangerous enemies---domestic broils and intestine divisions.” Robert Yates (Brutus)