Letter from Melancton Smith to Nathan Dane (June 28, 1788), in 22 DRHC, supra note 2, at 2015 (discussing the conditioning of New York's ratification upon the acceptance of conditional amendments to the proposed Constitution); News Paper Report of Amendments Proposed to the Constitution by Antifederalist
Convention Delegates between 20 and 26 June 1788, in 22 DRHC, supra note 2, at 2028 (explaining that New York had proposed five amendments to the Constitution prior to its ratification).
During the ratification struggle over the Constitution, the Antifederalist
Brutus warned that the Framers had not gone far enough in their limitation of national power--especially when it came to the Supreme Court.
That is not quite true, however: John Taylor of Caroline's New Views of the Constitution of the United States (1823), which appeared before Madison's notes were published, relied on an Antifederalist
delegate's notes and on the Convention's official journal.
Pennsylvania adopted for itself language similar to that proposed by the Antifederalist
Minority, adding a provision (Section 43) in the state's Declaration of Rights stating: "The inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; and in like manner to fish in all boatable waters, and others not private property.
ROSSI, JIM, Institutional Design and the Lingering Legacy of Antifederalist
Separation of Powers Ideals in the States, 52 Vanderbilt Law Review, 5, 1167-1240 (1999).
what the antifederalist
"Brutus" once called "a most
criticisms were diverse, but had at least one thing in common: the failure to imagine the President as a political leader working within the Constitution's new political system.
The Constitution's framing was not simply conservative or liberal, radical or reactionary, Federalist or Antifederalist
, English or American; it was an Occidental amalgamation of these various and often competing ideas.
Richard Henry Lee, an Antifederalist
who strongly advocated the Bill of Rights, provides further support for the interpretation of the Second Amendment as preserving an individual right.
14) More generally, critics of expansive constitutionalization of privacy rights have complained that it is, among other things, prone to being antidemocratic, antifederalist
, piecemeal, incoherent, impracticably opaque, and inflexible (in that precedent is both easy to make and hard to dislodge).
Patrick Henry, a leading Antifederalist
, had argued:
It is our intention to continue the research in this field by introducing the so- called Antifederalist
Papers into play, both in the main and in the test corpus, on the assumption that a greater textual variety will certainly contribute to upgrade the results as well as by processing the annotated corpus of the Federalist Papers in the hope that some valuable findings will arise therefrom.