George Mason's Objections to the U.S. Constitution (Annotated)

September 1787 (Published November 22, 1787)

Key Objections

Lack of Bill of Rights

• The Constitution lacks a Declaration of Rights.
• State Declarations of Rights do not provide security under the federal system.
• There's no security for the enjoyment of the common law.

Representation Issues

• The House of Representatives offers only a semblance of representation.
• Laws may be enacted by those who lack proper information and public confidence.

Power of the Senate

• The Senate can alter money bills and originate appropriations, despite not being directly accountable to the people.
• Holds significant powers including appointments, treaties, and impeachment trials.
• This can lead to imbalance and potential usurpation of rights and liberties.

Judiciary Concerns

• The federal judiciary is constructed to overshadow state judiciaries.
• Justice becomes tedious, intricate, and costly.
• The system allows the wealthy to oppress the poor.

Executive Power

• The President lacks a Constitutional Council for proper advice and support.
• Risk of undue influence by the Senate or favoritism.
• The Vice-President's role blends executive and legislative powers, creating preeminence for one state.

Presidential Pardons

• The President has unrestricted power to pardon for treason, potentially covering personal instigations.

Treaties and Legislation

• Treaties are supreme law, bypassing the House of Representatives' involvement.
• Encourages exclusive legislative power for the Executive and Senate.

Commerce and Navigation Laws

• Simple majority can pass commercial laws, risking monopolies favoring the North over the South.
• Two-thirds vote requirement could promote moderation and general interest.

Necessary and Proper Clause

• Congress may extend powers, posing danger to state powers and individual rights.

Additional Concerns

• Lack of protections for liberty of the press and trial by jury in civil cases.
• No protections against standing armies in peacetime.
• States restricted from levying export duties on their produce.
• Despite prohibition, ex post facto laws may be made when deemed necessary.

Aristocratic Tendencies

• Constitution may lead to a moderate aristocracy, potentially evolving into a monarchy or tyrannical aristocracy.

Slave Trade

• Congressional prohibition on slave importation delayed for over 20 years, weakening national defense capabilities.

This summary provides insight into George Mason's critical view of the proposed U.S. Constitution, highlighting concerns around representation, balance of power, protection of rights, and economic impacts.