Once the Constitution of the United States was written in 1787 at the Philadelphia convention, the next step was ratification. This is the formal process, outlined in Article VII, which required that nine of the thirteen states had to agree to adopt the Constitution before it could go into effect. As in any debate there were two sides, the Federalists who supported ratification and the Anti-Federalists who did not. We now know that the Federalists prevailed, and the U.S. Constitution was ratified in 1788, and went into effect in 1789. Read about their arguments below.
Similar to how they felt about the rest of the proposed federal government, the Anti-Federalists believed the Constitution granted too much power to the federal courts, at the expense of the state and local courts. They argued that the federal courts would be too far away to provide justice to the average citizen. The Federalists argued that the federal courts had limited jurisdiction, leaving many areas of the law to the state and local courts. The Federalists felt that the new federal courts were necessary to provide checks and balances on the power of the other two branches of government. They believed the federal courts would protect citizens from government abuse, and guarantee their liberty.
Not all Americans liked the new U.S. Constitution offered to them in 1787. Some, particularly the Anti-Federalists, downright hated it. The Anti-Federalists were a group of Americans who objected to the creation of a stronger U.S. federal government and opposed final ratification of the U.S. Constitution as approved by the Constitutional Convention in 1787. The Anti-Federalists generally preferred a government as formed in 1781 by the Articles of Confederation, which had granted the predominance of power to the state governments. Led by Patrick Henry of Virginia – an influential colonial advocate for American independence from England – the Anti-Federalists feared, among other things, that the powers granted to the federal government by the Constitution could enable the President of the United States to function as a king, turning the government into a monarchy. This fear can to some degree be explained by the fact that in 1789, most of the world’s governments were still monarchies and the function of a “president” was largely an unknown quantity. Arising during the American Revolution, the term “federal” referred simply to any citizen who favored of the formation of a union of the 13 British-ruled American colonies and the government as formed under the Articles of Confederation. After the Revolution, a group of citizens who specifically felt that the federal government under the Articles of Confederation should be made stronger labeled themselves the “Federalists.” The Articles of Confederation had created a confederation of states under which each state retained its “sovereignty, freedom, and independence, and every power, jurisdiction, and right not expressly delegated to the United States…” Operating under the Articles of Confederation the new United States had prevailed in the American Revolution, securing its independence from Britain. However, several weaknesses in the Articles of Confederation that could threaten the continued independence of the new nation soon became apparent. Some of the most glaring of these weaknesses included:
Under the Articles of Confederation, each state considered its own sovereignty and inherent powers to be essential to the overall common good of the nation. This belief resulted in frequent arguments between the states. In addition, the states were reluctant and often refused to contribute funds to the financial support of the national government. When the Federalists attempted to amend the Articles of Confederation to give the central government greater power, they began to refer to those who opposed them as “Anti-Federalists.” Closely akin to people who advocate the more modern political concept of “states’ rights,” many of the Anti-Federalists feared that the strong central government created by the Constitution would threaten the popular sovereignty and independence of the individual states, localities, or individual citizens. Other Anti-Federalists saw the proposed new strong central government as another British Monarchy in disguise, which would soon come to threaten their individual rights and civil liberties. Yet others believed that while the national government under the Articles of Confederation was too weak, the national government under the Constitution would be too strong. They felt that the new Constitution created a centralized rather than federal government in which two levels of government exercise a range of control over the same geographic area. In The Federalist Papers, James Madison had admitted that the confederation of independent states as created by the Articles of Confederation represented a truly federal form of government. As the individual states debated ratification of the Constitution, a wider national debate between the Federalists—who favored the Constitution—and the Anti-Federalists—who opposed it—raged in speeches and extensive collections of published articles. Best known of these articles were the Federalist Papers, written variously by John Jay, James Madison and/or Alexander Hamilton, both explained and supported the new Constitution; and the Anti-Federalist Papers, published under several pseudonyms such as “Brutus” (Robert Yates), and “Federal Farmer” (Richard Henry Lee), opposed the Constitution. At the height of the debate, famed revolutionary patriot Patrick Henry declared his opposition to the Constitution, thus becoming the figurehead of the Anti-Federalist faction. The arguments of the Anti-Federalists had more impact in some states than in others. While the states of Delaware, Georgia, and New Jersey voted to ratify the Constitution almost immediately, North Carolina and Rhode Island refused to go along until it became obvious that final ratification was inevitable. In Rhode Island, opposition to the Constitution almost reached the point of violence when more than 1,000 armed Anti-Federalists marched on Providence. Concerned that a strong federal government might reduce the peoples’ individual freedoms, several states demanded the inclusion of a specific bill of rights in the Constitution. Massachusetts, for example, agreed to ratify the Constitution only on the condition that it would be amended with a bill of rights. The states of New Hampshire, Virginia, and New York also made their ratification conditional pending the inclusion of a bill of rights in the Constitution. As soon as the Constitution had been ratified in 1789, Congress submitted a list of 12 bill of rights amendments to the states for their ratification. The states quickly ratified 10 of the amendments; the ten known today as the Bill of Rights. One of the 2 amendments not ratified in 1789 eventually became the 27th Amendment ratified in 1992. After final adoption of the Constitution and Bill of Rights, Some former Anti-Federalists went on to join the Anti-Administration Party formed by Thomas Jefferson and James Madison in opposition to the banking and financial programs of Treasury Secretary Alexander Hamilton. The Anti-Administration Party would soon become the Democratic-Republican Party, with Jefferson and Madison going on to be elected the third and fourth Presidents of the United States. Thus, while the Anti-Federalists failed in their attempt to block the adoption of the Constitution, their efforts had not been totally in vain. By securing the integration of the Bill of Rights into the Constitution, the Anti-Federalists became recognized as an influential group among the Founding Fathers of the United States. In general, the Federalists and Anti-Federalists disagreed on the scope of the powers granted to the central U.S. government by the proposed Constitution.
There were other specific differences.
Despite their best efforts, the Anti-Federalists failed to prevent the U.S. Constitution from being ratified in 1789. Unlike, for example, Federalist James Madison’s Federalist No. 10, defending the Constitution’s republican form of government, few of the essays of the Anti-Federalists papers are taught today in college curricula or cited in court rulings. However, the influence of the Anti-Federalists remains in the form of the United States Bill of Rights. Though influential Federalists, including Alexander Hamilton, in Federalist No. 84, argued vigorously argued against its passage, the Anti-Federalists prevailed in the end. Today, the underlying beliefs of the Anti-Federalists can be seen in the strong mistrust of a strong centralized government expressed by many Americans. |