This is an essay I wrote for extra credit in my federal government class. I rushed through it, so it's a little clunky and not as fleshed out as I would have liked.
In 1788, Alexander Hamilton wrote an essay, Federalist 84, detailing his opinions of the new-fangled Bill of Rights, addressing several objections he had to the Bill. To Hamilton, the Bill of Rights was not only unnecessary, but even “dangerous”.
Hamilton begins his essay with his disapproval of The Bill of Rights being added to the Constitution in the first place, given the fact that the states (including New York where he lived) all had a list of specific, protected rights, arguing that a Bill of Rights on a federal level was unnecessary. He continued by quoting various rights that were stated in the Constitution; impeachment cases, trials being held by a jury, habeas corpus, the disallowance of titles of nobility etc. He then went on to write, “Nothing need be said to illustrate the importance of the prohibition of titles of nobility. This may truly be denominated the corner stone of republican government; for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people.”
I believe this argument misses the point of The Bill of Rights completely. The Bill of Rights shows American citizens what rights they are granted under the Constitution. The average American wanted to partake in freedom of speech, freedom of the press, freedom of religion, the right to bear arms, the right for peaceful protesting and making their voices and opinions known to their leadership.
That being said, Hamilton was fearful that if something was not listed in the bill of rights, then the government had the potential to claim they had the power to do it. He argued that the Constitution covered the basis of what the government could, and could not do. Adding an extra list might overcomplicate the Constitution.
To the average person however, having a simple Bill of Rights on the federal level, provided an easy way for people to read and understand their rights as American citizens. I think it is safe to say that most Americans have not taken the time to sit down and read and understand the Constitution fully, so to have a short list, essentially highlighting the major points, is helpful.
After reading through Federalist 84, I can understand Hamilton’s concerns, however, I do believe that The Bill of Rights is essential for ensuring that the American people understand their rights. I believe the Bill provides a short synopsis of the rights that immediately affect Americans, and it safeguards against government overreach by clearly defining the American liberties that must be protected at all costs.
Works Cited
Hamilton, A. (1788). Publius: The federalist 84, New York, 28 May 1788. https://archive.csac.history.wisc.edu/Publius_84.pdf
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