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Brutus No. 1 Overview

Sep 3, 2025

Overview

This lecture covers Brutus No. 1, an Anti-Federalist essay arguing against ratifying the U.S. Constitution and warning about the dangers of a strong central government.

Context of Brutus No. 1

  • Brutus No. 1 is an Anti-Federalist document opposing the ratification of the U.S. Constitution.
  • The Federalist Papers argued for ratification; Anti-Federalist papers, like Brutus No. 1, argued against it.
  • Both Federalist and Anti-Federalist essays were published in New York newspapers to sway public opinion.

Main Argument: Confederation vs. Centralized Government

  • Brutus questions whether the U.S. should adopt a confederation of strong state governments or a powerful central government.
  • He argues that a confederation, like under the Articles of Confederation, is better for protecting people's freedoms.

Criticisms of the Constitution

  • Brutus objects to the "necessary and proper clause" (Article I, Section 8), fearing it gives Congress unlimited lawmaking power.
  • He also objects to the "supremacy clause" (Article VI), which makes federal law superior to state laws.
  • Brutus claims these clauses allow federal power to override and eventually eliminate state authority.

Threats to State Power

  • Brutus warns that federal taxation power will make it impossible for states to raise their own money.
  • If states cannot collect taxes, they cannot function and will lose all meaningful power to the federal government.
  • Similar concerns are expressed about federal courts overpowering and rendering state courts obsolete.

Size and Representation Concerns

  • Brutus argues a large republic cannot represent citizens effectively; representatives will be out of touch with the people.
  • He cites Montesquieu, saying republics work only in small territories.
  • In a vast nation, citizens will not know their leaders or be able to hold them accountable, undermining republican government.

Key Terms & Definitions

  • Confederation — A government structure where states retain most power and the central government is weak.
  • Necessary and Proper Clause — Allows Congress to make laws needed to execute its powers.
  • Supremacy Clause — Establishes that federal laws override state laws.
  • Anti-Federalist — Opponent of the U.S. Constitution, favoring stronger state governments.

Action Items / Next Steps

  • Review Brutus No. 1 and Federalist 10 for comparison on the AP exam.
  • Prepare to explain major Anti-Federalist concerns about the Constitution.