The Federalist Papers and Bill of Rights

by

       M. Richard Maxson


    The United States existed as a sovereign nation beginning with the signing of the Declaration of Independence from England. A full eleven years passed before the colonies ratified the United States Constitution. In the summer of 1787, the Framers labored to set up a political regime that would not only secure liberty and republicanism, but also bring energy and stability to the national government. Because of the failures of government under the Articles of Confederation, American political institutions were at risk.  State legislatures routinely encroached on executive and judicial powers. In order to secure these institutions, the Framers constructed a Republican form of government that—among many other important features—instituted a new form of federalism  The Framers divided the legislative branch into two parts—the House and the Senate. In addition, they differentiated them as much as possible, consistent with the principles of Republican government, with the goal of preventing tyranny and encouraging good government. This formalizing of the union was a hard sell, as every state valued their freshly earned sovereignty. Each of the 13 original states owned a distinct culture and set of values, sharing the common priority captured succinctly in Thomas Paine’s pamphlet, "Common Sense".  Founding Fathers Alexander Hamilton, James Madison and John Jay wrote 85 essays, now known as the Federalist Papers, to promote the idea of uniting the union under a common constitution.

      Written between October 1787 and August 1788, The Federalist Papers is a collection of

newspaper essays written in defense of the Constitution. Writing under the pen name Publius, Alexander Hamilton, James Madison, and John Jay explain the merits of the proposed Constitution, while confronting objections raised by its opponents. Thomas Jefferson described the work as “the best commentary on the principles of government, which ever was written.” In constituting a new government, the Framers knew that written rules—what Publius calls “parchment barriers”—would not be enough by themselves to protect liberty and prevent tyranny. Instead, Publius looks to the “interior structure” as the best means for keeping the branches properly and effectively separated. Separation of powers, the most important of the Constitution’s “auxiliary precautions,” works to prevent governmental tyranny, and by keeping each branch within its proper sphere of authority allows each branch to do its job well.

     

    While the Constitution grants the federal government its powers, many felt it necessary to

augment this framework with a minimal set of rights preserved for the citizens. The

primary motivation for constructing a Bill of Rights was citizen apprehension over the formation of a centralized federal government. From his post as the American Minister to France, Thomas Jefferson wrote, “I am glad to learn that the new Constitution will undoubtedly be received by a sufficiency of the States to set it a going. Were I in America, I would advocate it warmly until nine should have adopted it, and then as warmly take the other side to convince the remaining four that they ought not to come into it until the declaration of rights is annexed to it. By this means we should secure all the good of it and procure as respectable an opposition as would induce the accepting States to offer a bill of rights.”

     Twelve amendments to the constitution made it through Congress and were proposed to the states all at once in 1789, just two years after ratification of the original Constitution. The two amendments that did not receive sufficient acceptance from the states addressed the number of constituents for each representative and compensation for Congressmen. The colonies were far more interested in establishing for themselves those guaranties of individual freedoms. The first ten amendments to the Constitution were ratified as The Bill of Rights, having been proposed to the states as follows:

      The Congress of the United States, begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine. The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
AmendIment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      This has been the basis of our country for over two hundred years and it has served us well.

These self evident truths are what the Progressive Democrats are out to destroy. They claim these documents are "outdated" and no longer relevent in today's world. Fellow Americans, fellow Constitutionalists, these documents created the greatest nation ever known to mankind. Millions of peoples try to get into our country every year for just the opportunity to live under the principals outlined in the Constitution. Patriots must fight to retain their rights before there are abridged and twisted to forward an Leftist Progressive agenda that will mean the end of history's American experiment.