Restraining Democracy The Threat Of The Constitution

Restraining Democracy: The Threat Of The Constitution Essay, Research Paper

The fundamental point of contention between the Federalists and anti-Federalists in their debates over ratification of the Constitution surrounded the question of what powers were necessary in order to insure the security of the nation as a whole. The federalists, of course, believed that a strong central government was necessary, for reasons of national security and economic prosperity. The anti-Federalists were strongly opposed to the centralization of power, rather, they were concerned with retaining the sovereignty of the states and, in turn, their secured political freedom. Three issues were the cause of great apprehension to the anti-Federalists upon reading the proposed Constitution – the size of the new nation, the problem of political representation and the disconcerting concentration of governmental powers. In interpreting the Constitution, the anti-Federalists believed that because of these key issues and how they were dealt with in the new government, their freedom was seriously at risk. Their fear and distrust of the new government was focused on the relatively few individuals who, under the new government, would hold the political reigns of the nation.

To the opponents of the Constitution, many warning signs of potential despotism were visible in the proposed government – the sole power of taxation, the lack of protection of freedoms, the formation of a large military force, the dissolving of states’ powers, and above all, the concentration of powers in the hands of a few. It is this last issue that seemed to be of greatest concern to the anti-Federalists, and logically so, because all other powers and laws prescribed by the Constitution were to be interpreted and executed by these men. Throughout the anti-Federalist writings, one of the recurring themes was the fear that because of the centralization of power, it was inevitable that an oppressive form of government, rather than a popular, democratic one, was soon to follow. One such believer in this potential outcome, the anti-Federalist calling himself “Federalist Farmer,” offers his interpretation of the positions of power under the new Constitution, comparing them to the English monarchy and Parliament, saying that the new government consists of “three different branches, namely, king, lords, and commons or, in the American language, President, Senate and Representatives .” This feeling is echoed in most of the anti-Federalist writings, that political officials are, as one writer put it, no more than an “elective monarchy .”

The correlation between the potential abuse of power and the rich, intellectual and aristocratic class of Americans was a great reason behind the suspicious perception of government on the part of the anti-Federalists. This air of distrust was especially strong since the memories of the oppressive reign of England and the revolutionary spirit were still fresh in the minds and hearts of Americans. The anti-Federalists had a great deal to be concerned with in light of the proposed Constitution, as the political power and democratic rights of the majority were seemingly tossed aside, leaving them helpless subjects, rather than active political participants in the new government.

For the most part, their concerns about the potential abuses of power were not unfounded, paranoid delusions; they were based in the reality that the Constitution allowed a few, generally rich, men to control the lives of the majority of men. The anti-Federalists’ claim that the new Constitution will not secure a popular form of government, rather, it “will commence in a moderate aristocracy…produce a monarchy, or a corrupt oppressive aristocracy (Kammen 258),” is supported by evidence in the document itself. The Framers’ intent to limit the power of the people in the new government is realized through the delegation of powers in the first three articles of the Constitution. One need only observe where the power lies in the different branches, as well as how these positions of power are filled, to see that the anti-Federalists were not crying wolf, and that the new government, as proposed, was inherently undemocratic and representative in both its structure and in its underlying principles.

Looking to the various powers assigned in the Constitution, Article I created a bicameral Congress that possessed “All legislative powers;” it also allowed Congress to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” These two facts alone point to a political body that seems to hold absolute and unrestrained power over the people, able to create laws that serve the interests of the government, without the consent of even the state legislatures, let alone individuals. These statements exemplify the fundamental difference between the anti-Federalists and Federalists regarding the amount of power necessary for properly governing. The Federalists believed that whatever power was necessary and proper could be used to secure the union, whereas, the anti-Federalists believed in the democratic principle of the consent of the governed. It is clear from the language of the Constitution that laws and power need not pass through the will and consent of the people. In addition, other powers given to Congress in Article I, section 8, including the sole ability to tax, declare war (as we