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The Anti-Federalists: The Other Founders of the American Constitutional
Tradition? By Saul Cornell Professor of History, The Ohio State University The Great Debate
The publication of the Constitution in September 1787 inaugurated one of the most vigorous political campaigns in American history. In the process of arguing over the merits of the new plan of government, Americans not only engaged in a lively inquiry into the meaning of constitutional government, they also helped make constitutionalism a central defining characteristic of American political culture. Although the Constitution had been drafted in private by a small select group of statesmen, its meaning was inescapably public. As soon as the results of the Philadelphia Convention became known, Americans began discussing the new frame of government. A week after the convention adjourned, one Philadelphian reported that “the new plan of government proposed by the Convention has made a bustle in the city and its vicinity.” Less than a month later, further west in Carlisle, Pennsylvania, another observer noted that “the new Constitution for the United States seems now to engross the attention of all ranks.” In other parts of America similar observations were made. One Virginia commentator remarked that “the plan of a Government proposed to us by the Convention-- affords matter for conversation to every rank of beings from the Governor to the door keeper.” 1 The decision of the Philadelphia Convention to submit the Constitution to state ratification conventions meant that Americans from all walks of life would be drawn into a wide ranging public debate about its merits. The Constitution was subjected to an unprecedented level of public scrutiny; every clause of the document was parsed and analyzed. Some writers approached this task soberly, invoking the classical republican tradition by adopting pen names such as Brutus or Publius. Rather than inflame popular passions, these writers pleaded with their readers to examine the Constitution in a calm and dispassionate manner. Other authors took the low road, gleefully hurling invective and insult. One writer signaled his attention to adopt this scurrilous path, by choosing to sign his name as “a Defecater.” In one of the only surviving political cartoons from this epic debate, entitled “The Looking Glass for 1787,” the outrageous nature of much of the popular debate over the Constitution comes through clearly. In this cartoon, one protagonist has dropped his pants with the intent of fouling his opponents. The central theme of the cartoon, an allegory about ratification in Connecticut, depicts the state as a wagon stuck in the mud, loaded down by paper money. Federalists valiantly try to pull the cart to a bright future, while Antifederalists impede the cart’s progress. The debate over the Constitution was not restricted to the pages of the nation’s papers. Arguments over the merits of the Constitution were conducted in taverns, town squares, and occasionally in the streets. Federalists and Antifederalists each made use of the rituals of popular politics, parading, and staging mock funerals and executions to express their views of the Constitution. In a few instances these spirited celebrations and protests escalated into full scale riots. Violent outbursts, however, were the exception, not the norm, in the struggle over the Constitution. Who Were the Antifederalists? Antifederalists were never happy with their name. Indeed, Elbridge
Gerry, a leading Antifederalist, reminded his fellow Congressmen that
"those who were called antifederalists at the time complained that
they had injustice done them by the title, because they were in favor
of a Federal Government, and the others were in favor of a national
one." Since the issue before the American people was ratification
of the Constitution, Gerry reasoned it would have been more appropriate
to call to the two sides "rats" and "anti-rats!"2
The Antifederalist Critique of the Constitution Although there was considerable diversity among the opponents of the Constitution, the outline of a common critique of the Constitution slowly emerged as the document was debated in public. Three core issues defined this critique: 1. The omission of a bill of rights The absence of a bill of rights was an often repeated criticism of the Constitution. Antifederalists not only believed that the inclusion of a bill of rights was essential to the preservation of liberty, but they also believed that a fundamental statement of political and legal principle would educate citizens about the ideals of republicanism and make them more effective guardians of their own liberty. 2. The centralizing tendencies of the new government The new powerful central government created by the Constitution would slowly absorb all power within its orbit and effectively reduce the states to insignificant players in a powerful new centralized nation state. Antifederalists feared that the new Constitution would create a powerful central state similar to Great Britain’s powerful fiscal/military model. The extensive powers to tax, the provision for a standing army, and the weakening of the state militias would allow this new powerful government to become tyrannical. 3. The aristocratic character of the new government The charge of aristocracy frequently voiced by Antifederalists could
be framed in either democratic terms or in a more traditional republican
idiom. Thus, for middling democrats or plebeian populists, the charge
of aristocracy was in essence a democratic critique of the Constitution.
According to this view, the Constitution favored the interests of the
wealthy over those of common people. For elite Antifederalists, by contrast,
the charge of aristocracy echoed the traditional republican concern
that any government with too much power would inevitably become corrupt
and would place the interests of those in power over the common good. Antifederalism and the American Constitutional Tradition: Historians and political scientists are hardly the only groups to show an interest in the ideas of the Antifederalists. Judges, lawyers, and legal scholars have increasingly canvassed the ideas of the Antifederalists in their effort to discover the original understanding of the Constitution and the various provisions of the Bill of Rights. Indeed, in a host of areas, from federalism to the Second Amendment, legal scholars and courts have increasingly turned to Antifederalist texts to support their conclusions.7 If the past is any guide to the future, the ideas of the Antifederalists are likely to continue to play a prominent role in future constitutional controversies. 1Saul Cornell. The Other Founders: Anti-Federalism and the Dissenting Tradition in America, 1788-1828 (1999). 2Cornell, Other Founders. 3Orrin Grant Libby. The Geographical Distribution Of The Vote Of The Thirteen States On The Federal Constitution, 1787-8 (1894). 4Cecelia Kenyon. Men of Little Faith: The Anti-Federalists
on the Nature of Representative Government (1955). |
| © The Gilder Lehrman Institute of American History, 2007. All Rights Reserved. |