Brutus Letters from the Federalist-Antifederalist Debates

Brutus Letters from the Federalist-Antifederalist Debates

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Brutus, a widely-read Antifederalist from New York, wrote from October 1787 through April 1788, arguing against the ratification of the Constitution. Many scholars believe that the author of these sixteen letters (two of which were written in two parts) was Robert Yates, one of the three delegates to the Constitutional Convention from New York, while there is some evidence that it was instead Melancton Smith, a veteran New York politician.

The author’s identity aside, the Brutus letters are among the most well-reasoned of Antifederalist writings, addressing a broad array of perceived problems and shortcomings in the proposed new government.

  • Brutus I, States the momentousness of the occasion of a people deliberating over their own government and questions how such a large country could be governed under republican principles and systems, October 18, 1787
  • Brutus II, Argues the dangers of a lack of a bill of rights, November 1, 1787
  • Brutus III, Challenges ratios of representation in Congress and points out problems with the Three-Fifths Clause, November 15, 1787
  • Brutus IV, Raises concerns over the wealthy having too much influence in the timing of elections, November 29, 1787
  • Brutus V, Posits that the necessary and proper clause will give Congress unlimited lawmaking powers, December 13, 1787
  • Brutus VI, Questions the seemingly unlimited power of taxation given to Congress, December 27, 1787
  • Brutus VII, Offers ideas about how to limit Congressional taxation powers, January 3, 1788
  • Brutus VIII, Criticizes a standing army and cautions against a government that can easily take on national debt, January 10, 1788
  • Brutus IX, A direct response to Hamilton’s Federalist 24, which itself was a response to Brutus VII, January 17, 1788
  • Brutus X, Offers up examples from history – distant and recent – of how standing armies are a threat to liberty, January 24, 1788
  • Brutus XI, Warns of judicial activism by Supreme Court justices, who could interpret meaning into the text of the Constitution, rather than relying on the text alone, January 31, 1788
  • Brutus XII (part 1), Questions the extent to which the threat of judicial review (a practice already accepted in state courts) would influence Congressional decision-making, thus threatening true separation of powers, February 7, 1788
  • Brutus XII (part 2), Argues that federal courts will slowly sap power from those at the state level, February 14, 1788
  • Brutus XIII, Agrees with some issues of jurisdiction and judicial activity, then questions why individuals should be able to sue states, February 21, 1788
  • Brutus XIV (part 1), Raises questions of legal jurisdiction and appeals, February 28, 1788
  • Brutus XIV (part 2), Continues with problems he sees with a new, powerful federal court system, March 6, 1788
  • Brutus XV, Points out the potentially limitless power of the Supreme Court to determine what laws and the Constitution mean, giving justices power “independent of heaven itself,” March 20, 1788
  • Brutus XVI, Focuses on shortcomings of the Senate, particularly April 10, 1788