“Your first attempt is to apologize for so very obvious a defect as—the omission of a declaration of rights. This apology consists in a very ingenious discovery; that in the state constitutions, whatever is not reserved is given; but in the congressional constitution, whatever is not given, is reserved. Read more
The Federalists, in overseeing the creation of the modern political system, culminating in the Constitution, had inadvertently changed not only the structure of government but also the trajectory of American politics.
Because the Federalists outmaneuvered the Antifederalists in presenting the Constitution to the American people, the Antifederalists faced a predicament of what to do. As Richard Henry Lee stated, many who wished to change the federal structure of government realized that they had to accept “this or nothing.” Gordon Wood, The Creation of the American Republic: 1776-1787, 547 quoting Lee to Mason, Oct. 1, 1787, Ballagh, ed., Letters of R. H. Lee, II, 438. The Antifederalists were more or less forced to “attack the federal government in those mechanical Enlightenment terms most agreeable to the thought of the Federalists: the division and balancing of political power,” otherwise known as separation of powers. Gordon Wood, The Creation of the American Republic: 1776-1787, 548.
The debate surrounding the adoption of the Bill of Rights revealed to many Americans the stark differences between Federalists and Antifederalists. Edmund Pendleton, in the Virginia Convention, stated that opposition to the Constitution “rested on ‘mistaken apprehensions of danger, drawn from observations on government which do not apply to us.'” Gordon Wood, The Creation of the American Republic: 1776-1787, 543 quoting Pendleton (Va.), in Elliot, ed., Debates, III, 36-37. Pendleton pointed out that many governments in the world were ruled by dictators. Id. Those governments had “bred hostility between ‘the interest and ambition of a despot’ and ‘the good of the people,’ thus creating ‘a continual war between the governors and the governed.'” Id. Pendleton believed that these beliefs led Antifederalists to demand a bill of rights and to have other unfounded fears about the Constitution. Id.