Federalist 84 and the Bill of Rights
Federalist 84
In federalist number 84 Hamilton wrote about the dangers of adding a Bill of Rights to the constitution. Hamilton argues that the constitution’s structure itself is sufficient enough to protect individuals' liberties and rights. Hamilton states "They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?" (Hamilton, 1788). Hamilton is essentially discussing how an inclusion of a bill of rights would be dangerous since it would imply powers not explicitly stated, warning it could lead to an abuse of government powers using these explanations to create new powers.
Bill of Rights Anti-Federalist
In Brutus 1, Brutus argues that a bill of rights is absolutely crucial for the ratification of the constitution. Brutus claims that the constitution as it currently stands, focuses too much on the central power of the government and will threaten individual liberties through this centralized government power. Brutus is exclaiming how a Bill of Rights is absolutely necessary to protect individual liberties from these centralized government powers (Brutus, 1787). Brutus elaborates on this discussion by stating a Bill of Rights will put a sort of limit on governmental authority. In fear that the central government will infringe on individual liberties, Brutus thinks a Bill of Rights will set the standard and define how far the government can go. Coming to the conclusion that a Bill of Rights is absolutely Necessary.
The Bill of Rights in the Constitution
As we know, the Bill of Rights did end up being approved and ratified into the constitution of the US. However, to the federalist papers credit, this was not until 1791, and the constitution was ratified three years prior in 1788 without the Bill of Rights being added. The Bill of Rights is a tricky issue, since the constitution was ratified before the Bill of Rights, however, many states only ratified it on the promise of ammendments and an addition of the Bill itself. This goes to show that the federalist papers had little influence again on public opinion. Federalist 84 is the primary resource from the federalist papers arguing against the Bill or Rights and how it would hurt governmental powers, however, many states only ratified the cosntitution on the constitutent that ammendments can be made, but also for a Bill of Rights to be added and eventuall ratified in 1791 written by Madison. This further demonstrates that the federalist papers did not influence public or political opinions super heavily, as many states contigency to ratifying the constitution was the addition of the Bill of Rights which came to pass in 1791.
1.
Essay no. 1 (1787). National Constitution Center – constitutioncenter.org. (n.d.).
https://constitutioncenter.org/the-constitution/historic-document-library/detail/brutus-essay-no-1
2. The Avalon Project : Federalist no 84. (n.d.). https://avalon.law.yale.edu/18th_century/fed84.asp
3.
Amar, A. R. (2021, March 8). About. HeinOnline.
https://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fhjlpp16&div=24&id=&page=