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Restraining Democracy The Threat of the Constitution

delegation of powers in the first three articles of the Constitution. One need only observe where the power lies in the different branches, as well as how these positions of power are filled, to see that the anti-Federalists were not crying wolf, and that the new government, as proposed, was inherently undemocratic and representative in both its structure and in its underlying principles. Looking to the various powers assigned in the Constitution, Article I created a bicameral Congress that possessed “All legislative powers;” it also allowed Congress to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” These two facts alone point to a political body that seems to hold absolute and unrestrained power over the people, able to create laws that serve the interests of the government, without the consent of even the state legislatures, let alone individuals. These statements exemplify the fundamental difference between the anti-Federalists and Federalists regarding the amount of power necessary for properly governing. The Federalists believed that whatever power was necessary and proper could be used to secure the union, whereas, the anti-Federalists believed in the democratic principle of the consent of the governed. It is clear from the language of the Constitution that laws and power need not pass through the will and consent of the people. In addition, other powers given to Congress in Article I, section 8, including the sole ability to tax, declare war (as well as form a standing army) and print money, demonstrated to the anti-Federalists how subservient they were to the powers of the new government. Whatever power individuals once possessed under their state governments was to be wrested from them as per Article I, section 10 which stated that no state could enact certain laws without the consent of Congress.In terms of their relative powers, the Senate ...

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