Category: Uncategorized

The Antifederalists’ Victory: Implementing Their Constitution

  Historians have long described the differences between Federalists and Antifederalists, often attributing the latter’s failure to their inability to offer a single viable alternative to the proposed Constitution. Yet, from a broader perspective, many Antifederalists joined with their Federalist opponents in admiring much of the proposed Constitution. Antifederalists primarily objected to the absence of …

Americans’ Spectrum of Government: Avoiding Scylla and Charybdis

Americans during the Revolutionary era were intently interested in the nature of government and how best to preserve liberty. From 1763 to 1800, public debate over these issues was intense and wide-ranging. Halfway through this period, many Americans decided that their liberty could best be preserved outside of the British Empire. In an era of …

The Bill of Rights Delayed: A 150-Year Hiatus

In September 1789, the first federal Congress proposed twelve amendments to the Constitution. Article V of the Constitution requires the approval of three-fourths of the states to adopt an amendment. Within a year of Congress’ submission, eleven of the thirteen state legislatures had ratified at least nine of Congress’ proposed amendments—seemingly enough to satisfy the …

An Old Man, but a Young Gardener

As we happily enjoy the return of springlike weather, many of us think about planting gardens. At this time, it’s pleasing to remember Jefferson’s fondness for gardening so thoughtfully expressed to his old friend Charles Willson Peale on 20 August 1811. Jefferson, the “young gardener” was sixty-eight years old when he wrote to Peale. He …

Dueling Preambles: Incorporating the Declaration of Independence into the Constitution

After strenuously opposing amendments to the Constitution during the ratification debate, James Madison notified his fellow members of the U.S. House of Representatives on 4 May 1789 that in three weeks he intended to “bring on the subject of amendments.” On 25 May, Madison agreed to delay introducing his amendments by another two weeks to …

Locating the Bill of Rights: Congress Debates the Placement of Amendments to the Constitution

Article V of the Constitution outlines the process for proposing and ratifying amendments. Amendments can only be proposed by either a two-thirds vote of both houses of Congress or by a constitutional convention, which Congress must call if requested to do so by two-thirds of the state legislatures. Once proposed, amendments can be ratified when …

America’s First Proposed Federal Tariff: The Imposts of 1781 and 1783

Americans’ experience under British rule made them deeply suspicious of granting tax power to a centralized government. Parliament’s repeated attempts to tax its American colonies without representation had been a driving force in the movement for American independence. When declaring their independence, Americans were averse to establishing a new imperial government in Philadelphia that would …

Identifying the Federal Farmer: Unravelling the Mystery of an Antifederalist Treasure

Much of the debate over ratifying the Constitution took place in the print media—newspapers, broadsides, pamphlets, and magazines. Many of the articles written by Federalists and Antifederalists appeared anonymously. The frequent use of pseudonyms aided in maintaining the anonymity of authors. Perhaps the most consequential Antifederalist publication was written by the “Federal Farmer” that appeared …

Governing Beyond the Articles: Unconstitutional or Extra-Constitutional Acts of the Confederation Congress

Historians have consistently disparaged the Articles of Confederation. The futility of the Articles’ amendment process that required the approval of Congress and the unanimous ratification of the state legislatures has been especially denigrated. Although attempted on several occasions, the amendment process was never achieved. Despite this, the successes of the Articles were substantial: (1) successfully …

An Early Attempt to Politicize the Electoral College

America’s unique electoral college system was designed to be both democratic and anti-democratic. From the very beginning, it has often been manipulated. As a staunch advocate of taking the initiative in both military and political matters, Alexander Hamilton actively intrigued with the electoral college. In the first presidential election in 1789, Hamilton lobbied with correspondents …