Anti-Federalist Paper Series-Ep. 11: Is a Bill of Rights Necessary? Federal Farmer IV, James Wilson’s State House Speech, and Federalist 84

When you decide to take an action, do you seek permission to take that action or look for a prohibition against it?  The difference is substantial.  Anti-Federalists supported a Bill of Rights in the Constitution as they viewed it as a list of rights that should be retained by the people in the new government.  They were concerned that through the Supremacy Clause, the US Constitution would overrule state constitutions.  The Federalists did not view the Bill of Rights as necessary, believing the checks and balances sufficient to protect our individual liberty, and argued that an enumeration of “we the peoples’” rights would give the government permission to take over in areas not listed.  The Federalists feared a Bill of Rights might actually harm individual liberty.  What do you think?  Join our panel and Constitutional expert Tara Ross for this powerful discussion.