Federalist Vs Anti-federalist Papers Essay

Tags: anti federalists civil liberties constitution federalist federalist paper freedom ratification

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Total Length: 710 words ( 2 double-spaced pages)

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Introduction



The penning of the American Constitution during the 1787 Philadelphia convention was followed by its ratification. This formal process delineated within Article 7 necessitated at least 9 states’ agreement to implement the Constitution, prior to actually enacting it (Pole, 1987). Whilst the Federalists supported ratification, Anti-Federalists were against it.



Those opposed to the constitution’s ratification claimed that it accorded disproportionate power to federal authorities, whilst robbing local and state bodies of their power, excessively. According to Anti-Federalists, the American federal government wouldn’t be able to adequately represent its citizens owing to the size of the nation and its population which deemed it impossible for federal branches to locally respond to citizens’ concerns (Lewis, 1967; Amar, 1993). Moreover, they were concerned about the absence of the provision of criminal jury trials, besides the absence of a bill of rights within the Constitution, and desired guaranteed protection of a few fundamental freedoms for citizens, including freedom of speech (Martin, n.d.). In their opinion, the Constitution accorded federal courts excessive power, to local and state courts’ detriment. They contended that federal judges would be overly far away and thus unable to mete justice out to average citizens.



According to Federalist Paper no. 51, the American government naturally prevented the formation of factions, thereby safeguarding its citizens’, rather than governmental authorities’, interests.

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The pro-ratification group – the Federalists – claimed there was no need for a Bill of Rights, and that enacting one would serve to erect a paper barrier which restricted, rather than safeguarded, citizens’ rights. But, ultimately, they had to yield and declare their readiness to formulate and add amendments in the year 1971 which would become the Bill of Rights. In th 9th federalist paper, it was argued that “a firm Union will be of the utmost moment to the peace and liberty of the States as a barrier against domestic faction and insurrection” (Straub, 2010). In the Federalists’ opinion, federal courts lacked proper jurisdiction, with several legal domains left to local and state courts. According to the Federalists, federal courts could appropriately safeguard the people against governmental abuse, and secure their freedom. The next Federalist Paper states that a system of balances and checks existed within the Constitution, ensuring no governmental branches was able to dominate the other.

Personal inclination



The following elements of the anti-federalist papers appeal to me; the Bill of Rights, civil liberties, power consolidation, and….....

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References

Amar, A. R. (1993). Anti-federalists, The Federalist Papers, and the big argument for union. Harv. JL & Pub. Pol'y, 16, 111.

Lewis, J. D. (Ed.). (1967). Anti-Federalists versus Federalists: selected documents. Chandler Pub. Co.

Martin, L. (n.d.). Antifederalist Paper 83 THE FEDERAL JUDICIARY AND THE ISSUE OF TRIAL BY JURY. Retrieved from http://thefederalistpapers.org/antifederalist-paper-83 on 9 February 2018.

Pole, J. R. (Ed.). (1987). The American Constitution--for and Against: The Federalist and Anti-Federalist Papers. Hill and Wang.

Straub, S. (2010). FEDERALIST PAPER #9 – The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection. The fedaralists papers project. Retrieved from http://thefederalistpapers.org/federalist-papers/federalist-paper-9-the-utility-of-the-union-as-a-safeguard-against-domestic-faction-and-insurrection on 9 February 2018.

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