What were the Anti-federalists for?

1. What were the Anti-federalists for?

2. Main problem at the convention We need more order, but not at the expense of liberty

3. Who were the anti-federalists? • At the convention • Elbridge Gerry of Massachusetts • Robert Yates of New York • John Lansing of New York • Luther Martin of Maryland • John Francis Mercer of Maryland • George Mason of Virginia • Three delegates stayed until last day and refused to sign-Elbridge Gerry, George Mason, and Edmund Randolph

4. Elbridge Gerry (1744-1814) • Signer of Declaration and Articles of Confederation (could have been 1 of 3 to sign all 3 documents) • US Congressman • Inventor of gerrymandering • Governor of Mass. • Vice-president of US

5. On September 15, 1787, Mr. Gerry gives his reasons for opposition (2 days before signing) • 1. The duration and re-eligibility of Senators • 2. The power of House to conceal their journals • 3. The unlimited power of Congress over their own compensations • 4. 3/5s of the blacks are to be represented as if they were free men • He could get over these objections, but felt the “rights of the Citizens were…rendered insecure” by • Power of Legislature to make what laws they please to call necessary and proper • Raising armies and money without limit (taken from Madison’s notes)

6. George Mason (1725-1792) • Author of Virginia Declaration of Rights • One of the five most frequent speakers at the Convention • Wanted a Bill of Rights

7. George Mason’s objections • In 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 an unholy alliance)

8. Edmund Randolph (1753-1813) • Member of Continental Congress • Governor of Virginia • First Attorney General of the United States • Secretary of State of the United States (1794-1795)

9. Randolph refused to sign: • ¾’s vote needed to override veto • Smallness of the number of Representatives in House • No limit to a standing army • The necessary and proper clause • The power of the Legislature in regulating their own compensations • Wanted more than one executive because it seemed like the “foetus of monarchy”

10. 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

11. Samuel Adams of Massachusetts (1722-1803) • Instigator of rebellion • Signer of Declaration • Lt. 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

12. Patrick Henry of Virginia • Vocal anti-federalists • Refused 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”

13. 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

14. 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?)

15. Letter from T. Jefferson to J. Madison, Paris, Dec. 20, 1787 Dear 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.”

16. The Federalists respond • George 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 5th Secretary of State 4th President of US 1st US Secretary of Treasury 1st Chief Justice 2nd Gov. New York

17. Main Areas of Debate • Representation: 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

18. Ratification Results 1787 • Delaware, December 7 (30-0) • Pennsylvania, December 12 (46-23) • New Jersey, December 18 (39-0) • Georgia, December 29 (26-0)

19. Ratification Results 1788 Connecticut, January 9 (128-40) Massachusetts, February 6 (187-168) but proposes 9 amendments Maryland, April 26 (63-11) South Carolina, May 23 (149-73) approves with amendments New Hampshire, June 21 (57-47) approves with amendments

20. Ratification Debates • Virginia, June 25 (89-79) • Approves with amendments • New York, July 26 (30-27) • Approves with amendments Federal Hall, New York, April 30, 1789 where George Washington is inaugurated

21. 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.

22. Conclusion The 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

23. The Anti-federalists established the precedent for future amendments that have emphasized freedom rather than order 1-10, 13, 14, 15, 17, 19, 21 23, 24, 26 11, 12, 16, 20, 22, 25, 27 FREEDOM ORDER

24. 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)