Unraveling Anti-Federalist Ideology through a Conceptual Framework of Natural Rights

This master thesis begins with a detailed telling of the history of the Anti-Federalist movement. At the time, the United States was undergoing a huge change. The entire government was in the process of being replaced with a fundamentally different one. Dismantling all pre-existing state and local governments, and forming one unitary government. Some people were understandably fearful of this and Anti-Federalism was born. The Anti-Federalist group was extremely diverse, with internal disagreements on nearly every concept. The author argues that the one thing that all Anti-Federalists mutually agreed upon was the existence of inalienable natural rights including the natural right to self-ownership and the ownership of legitimately gained property. The Anti-Federalists worried that the Constitution contained unsuitable and unspecified objectives for an excessive government, and therefore threatened these natural rights. It was this worry of the extinguishing of natural rights that the Anti-Federalists universally opposed. The author concludes with reflections on researching and writing for the thesis

Patrick Henry and John Jay: True Patriots and Advocates for Civil and Religious Liberty

Patrick Henry and John Jay had a significant impact in the founding of the United States of America as two of the principal and most influential Founders. They were also among the most public Christians of all the Founding Fathers. Their dedication in their fight for civic and religious freedom as a means to maintaining liberty was well-known. Despite these similarities, they opposed each other on most every major issue. Each envisioned different governments in which to obtain liberty and to keep the American republic. This thesis seeks to explore the differences and similarities between Henry, as a leader of the Anti-Federalists, and Jay, as a leader of the Federalists, in order to highlight some of the major issues throughout the founding period given their close religious similarity when American evangelicalism was in its infancy

Recent Books

A List of Books Received by Michigan Law Revie

Judicial Conservatism v. A Principled Judicial Activism: Foreword to the Symposium on Law and Philosophy

In the wake of the Reagan administration\u27s numerous judicial appointments, it is the rare observer of the American legal scene who has not thought seriously about the proper role of the judge in enforcing the law. Editorialists, columnists, and academicians are all debating in one form or another the classic jurisprudential question: What is law? While such questions have never completely dropped from sight, we are now in a period of constructive intellectual turmoil much like those surrounding the Nuremburg trials and the civil rights movement. Such periods are usually characterized by, and perhaps caused by, a perception among an influential elite that there is a lot at stake. One of the most significant developments in the current debate has been a schism between conservative and classical liberal intellectuals on the issue of the proper role of the judiciary. Some of these intellectuals have hewed to a stance known as judicial conservatism. Others have urged a more activist judicial role, a view that I have previously called judicial pragmactivism and that has recently been referred to as a principled judicial activism. \u2

Federalismo, secessionismo e policentrismo

Mestrado em Governação, Competitividade e Políticas PúblicasO objectivo deste trabalho é compreender as vantagens e os perigos do federalismo. Nos EUA do século XVIII, o pensamento dos Federalistas e dos Antifederalistas oferece-nos o ponto de partida mais firme para confrontar duas alternativas constitucionais. Num período dominado por novos desafios que exigem uma maior abertura dos Estados ao supranacionalismo político e ao comércio globalizado, é importante definir a melhor organização para proteger a eficiência política e económica. O futuro da União Europeia depende de decisões políticas que influenciarão a soberania dos presentes Estados membros. Aplicando os pressupostos da Teoria da Escolha Pública, focamo-nos nestes argumentos que promovem um melhor entendimento das possíveis alternativas, sobretudo em matéria de limitação de poder político, representação democrática, prosperidade económica, relações comerciais, tributação e defesa nacional. Passados mais de duzentos anos, podemos comparar os efeitos práticos das ideias que vingaram através da ratificação da Constituição em 1787. Quando observamos a tendência de centralização, torna-se urgente dar resposta a exigências secessionistas. Existem fortes razões para valorizar o cepticismo dos Antifederalistas e afirmar que os limites ao poder do governo não são suficientes, nem as liberdades estão protegidas. Para contrariar o monopólio governamental, distante do povo, analisamos opções políticas que potenciam a concorrência inter-territorial e a resistência civil à burocratização e corrupção dos processos políticos. Assim, a descentralização territorial, em aliança com as trocas comerciais, poderá ser um instrumento valioso na preservação de jurisdições mais livres e pacíficas. Jurisdições que não violem um sentimento de pertença comunitária, nem a cooperação voluntária que provê serviços e sustentabilidade com responsabilidade individual.The main purpose of this work is to understand the advantages and the dangers of federalism. In the USA of the eighteenth century, the thought of the Federalists and Antifederalists gives us the starting point to compare two constitutional alternatives. In a historical period dominated by challenges that require greater openness of the States to political supranationalism and globalized trade, it’s important to define the best organization to protect political and economic efficiency. The future of European Union depends on policy decisions that will influence the sovereignty of present member States. Applying the assumptions of public choice theory, we look more closely at these argumentations that promote a better understanding of possible alternatives, in particular about limitation of political power, democratic representation, economic prosperity, trade, taxation, and national defense. After more than two hundred years, we can compare the practical effects of ideas that won with the ratification of the Constitution in 1787. When we observe the trend of centralization, it is pressing to find solutions to address secessionist demands. There are strong reasons to appreciate the scepticism of the anti-federalists and affirm that the constitutional limitations are not enough to restrict governmental power and to protect individual freedoms. To discover opposition to governmental monopoly far away from the people, we analyze policy options that strengthen the inter-territorial competition and a civil resistance against the bureaucratisation and corruption of political processes: one option is secession; other is a polycentric federalism. Thus, territorial decentralization, in alliance with the free trade, can be a valuable tool in preserving more free and peaceful jurisdictions. Jurisdictions that don’t violate the sense of community, nor the voluntary cooperation that provides services and sustentability with individual responsability