Federal Constitution Pros and Cons Essay

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The anti-federalists had a variety of objections to the constitution but in general they were united by their believe that liberty could be secured only in small republic with limited enumerated powers in which the rulers were physically close to and were closely checked by the ruled. Brutus argued along this line to convince the citizens not to vote for the then proposed constitution.

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According to Brutus who was speaking on behalf of the public argued that people had their power to determine and shape their destinies as well as solves matters that are of their interest. He advised them to vote for the Federal constitution that was prepared on behalf of all states only and only, if they felt that it was good to them. He urged them to make calculated move and be decisive while voting for the constitution. He was advocating for a constitution that would protect the liberty, the human rights and bring happiness to citizens and through this the future generations. (Brutus 18th October, 1787)

Brutus was specifically opposed to the idea of curtailing the liberty of citizens, despotism and promotion of aristocracy, as this would bring to an end the freedom of citizens. The anti federalists were against the absolutism of the Federal laws that everybody was bound to respect. Infact, every individual no matter their status were to be affected by the federal laws something that would make citizens to lose their say in political matters. Anti federalists were opposed to the idea of submitting their power of collecting state revenues and taxes to the Federal Government. According to Brutus if a large society was made the state would lose their powers in allocating duties, taxing imports and exports as these would be determined by the United States which would have absolute powers to collect and use that money as they wished.

Brutus and his people were concerned over the judicial power which was subject to be created and dictated upon by the US Congress there by swallowing all the powers of the small state courts. They opposed the idea of US being under one government. “It is natural to a republic to have only a small territory” (Brutus 1787)

Madison in his reaction to Brutus opinions, in 1887 praised the formation of the constructed union that to him was a break through in the fight against the control and violence propagated by factions. According to Madison faction was any group either comprising of the majority or minority with a motive of pursuing their interests against the wish of the community. He believed that there were only two ways through which faction would be eliminated and one way of curing was by removing its causes and by controlling its effects. This was to be done by killing the liberty of citizens that is, making all citizens to share same opinions, passions and interests as this was the only viable means of reducing divisions. “Liberty is to faction what air is to fire an aliment without which it instantly expires” (Madison J. 1787)

He believed that factions existed because of fallible reasoning in men. Thus the conditions for the faction survival exist in the nature of people. It is difference in views over religion, government and power politics which are advanced by various leaders that create divisions amongst people. To him people should not be allowed to be the judge of their own cause for they tend to be biased. Thus there is nothing like absolute liberty which Brutus was advocating for. There is no way a body of citizens could be judges and subjects at the same time so he was against the idea of the rulers being checked by the ruled. He disagreed with the idea of Brutus that state would be able to manage their differences and clashing interests.

Still on the issue of faction, Madison said that incase a faction is made up of the minority then through the republican policy, the divisions are wiped out by the regular vote and when it is comprised of the majority, the popularity of the government takes care of the pressing problem. The government should have various have various department according to (Madison 1788) as per the constitution as it is the only way through which liberty would be preserved.

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To avoid power being concentrated in one office, the proposed Federal constitution would address this problem. To him the ambitions of man must be harmonized with those of the state. Men should not be allowed to govern themselves for the government reflects the true nature of man.” If men were angels, no government would be necessary. (Madison 1788)

In short Madison was against Brutus’s idea of having homogeneous state that was to be governed by its citizens. He objected the idea of subject being the government and the governed at the same time. He also opposed Brutus idea of a small state with absolute liberty and said that it was to be replaced by the bigger state under the confederation. Madison failed to address some of the important issues that Brutus put forward and this was a very big threat to the survival of states and the liberty of citizens.

Reference:

Brutus 18th October, 1787. To the Citizens of the State of New York. Web.

Madison J. 1788. The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments. The Federalist No. 51. Web.

Madison J.1787. The Utility of the Union as a Safeguard against Domestic Faction and Insurrection Daily Advertiser. The Federalist No. 10. Web.

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IvyPanda. (2021) 'Federal Constitution Pros and Cons'. 20 August.

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IvyPanda. 2021. "Federal Constitution Pros and Cons." August 20, 2021. https://ivypanda.com/essays/federal-constitution-pros-and-cons/.

1. IvyPanda. "Federal Constitution Pros and Cons." August 20, 2021. https://ivypanda.com/essays/federal-constitution-pros-and-cons/.


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