The ratification of the Constitution was an important event in the history of America. Although it is viewed as a perfect document that gives us our rights, that abolishes unjust laws, and that gives every American their freedom, it was at first a very controversial document. Before the ratification of the Constitution many people argued against it, they were known as the Anti-Federalists. The main argument of the Anti-Federalists were that the constitution did not have a balance of power between the national and state government. They feared that the new government would be ruled by the wealthy, and suppress the liberties of the ordinary people. One of the most important dissenters of the Constitution was Patrick Henry. In 1788, he called to reject the ratification of the Constitution, at the Virginia Convention, claiming that it would create a consolidated national government. With the ratification of the Constitution who would really have the power?
Patrick Henry’s speech at the Virginia Convention starts off with him saying “we are a contemptible people: The time has been when were thought otherwise… The American spirit has fled from hence: It has gone to regions, where it has never been expected.” He begins his speech by saying the spirit of America has been passed to other parts of the world, it’s benefiting other countries like France who are searching for a “splendid government.” He wants the convention to know that to reach a splendid government they have to acknowledge that this Constitution will only create a consolidated government. He continues by stating that this country was founded on the foundation of liberty, and they got that spirit of liberty from their ancestor country, Great Britain. Americans know that Great Britain is a strong, powerful country, and they want to have a country like that, by comparing America to Great Britain, Henry is giving the people hope that they can become a great country as well but not through a consolidated government.
Patrick Henry believes that at this moment there is peace, and liberty in America, but this document is only attempting to scare Americans into thinking that their liberty is at stake. However, the Constitution can also be seen as a way to keep their liberty safe permanently not just at this point in history. Although Henry’s argument is legitimate, it’s mostly seen as what if questions. Henry and other Anti-Federalists are afraid of what the Constitution could do to America, not for certain what it would do.
The Federalist papers were a series of essays written by Alexander Hamilton, James Madison, and John Jay. The essays were meant to respond to the arguments of the Anti-Federalists. In Federalist paper No. 39, James Madison explains that the power of the government derives from the people not just from a group of men or even the wealthy. Madison’s essay refutes Henry’s argument that the states don’t have a say in how the officials in the national government are elected. Henry metaphorically compares the government to the human body, “In the brain it is national: the stamina are federal – some limbs are federal – others national.” By this Henry is saying that only a small part of the officials will be chosen by the states. Madison, however, states that “The House of Representatives, like that of one branch at least of all the State legislatures, is elected immediately by the great body of the people. The Senate, like the present Congress, and the Senate of Maryland, derives its appointment indirectly from the people. The President is indirectly derived from the choice of the people… ” Madison is stating that the people choose the officials in the House of Representatives, and because of this they are also taking part in who is selected for senator and the president.
The alien and Sedition acts were key examples of why the constitution had to be created. “Congress passed the Alien Act, which allowed the deportation of ‘dangerous’ foreigners, and the Sedition Act… which made it a crime to criticize the government in print or public assembly.” In response to this Madison wrote that the creation of these acts was, “a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thererto; a power, which more than any other, ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.” The laws violated the amendments in the constitution, most importantly the first amendment's freedom of speech and press.
Evidently, the Constitution balanced the power between the national and state government. Although many people argued that the document would give too much power to the national government you can see that it actually helped put a check on the national government when they passed the alien and sedition acts.