Debate on Federal Power and Rights

Aug 20, 2024

Federalists vs. Anti-Federalists

Introduction

  • Discussion about the balance between government power and individual rights.
  • Both groups initially called themselves Federalists.
  • Winners wrote history, leading to the term 'Anti-Federalists'.

Anti-Federalists

  • Opposed the US Constitution.
  • Preferred power at the state level, similar to the Articles of Confederation.
  • Key Concerns:
    • Fear of too powerful a federal government restricting liberties.
    • States' rights being trampled and responsibilities taken over by the federal government.
    • Heavy taxation by the federal government.
    • Supreme Court overruling state courts.
    • President maintaining a large standing army.
  • Proposed Changes:
    • Addition of a Bill of Rights to limit federal power and protect individual liberties.
    • Explicit limitations on governmental power.
    • Elimination of Congress’s power to tax.

Federalists

  • Supported the new Constitution and a stronger central government.
  • Argued a larger republic would better control factions and protect minority rights.

Bill of Rights

  • Anti-Federalists succeeded in adding the Bill of Rights.
  • Refers to the first 10 amendments to the Constitution.
  • Does not give freedoms but restricts the federal government from taking away freedoms.

Arguments Against a Bill of Rights

  • Delegates were exhausted and ready to go home.
  • Constitution supposedly did not give Congress power to restrict rights.
  • States already had bills of rights, negating need for a federal one.
  • Hamilton's Argument: A Bill of Rights might paradoxically allow Congress to limit rights.

Key Documents

  • Brutus Number One: Anti-Federalist paper warning against a powerful central government.
  • Federalist Number 10: Advocates for a stronger federal government to control factions and protect minority rights.

Conclusion

  • Federalists and Anti-Federalists debate remains essential in understanding the balance of power between state and federal governments.
  • Importance of the Bill of Rights in limiting federal authority and protecting individual freedoms.