Main problem at the convention
We need more order, but not at the expense of liberty
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
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
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)
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
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)
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)
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”
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
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
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 blessingsgive us that precious jewel, and
you may take everything else”
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?)
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.”
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
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
Ratification Results
1787
 Delaware, December 7 (30-0)
 Pennsylvania, December 12 (46-23)
 New Jersey, December 18 (39-0)
 Georgia, December 29 (26-0)
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
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
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.
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
The Anti-federalists established the precedent for
future amendments that have emphasized
freedom rather than order
ORDER
11, 12,
16, 20,
22, 25,
27
1-10, 13,
14, 15,
17, 19, 21
23, 24,
26
FREEDOM
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)