According to Brutus, there was no limit upon the legislative power to lay taxes, duties, imposts, and excises.

Madison saw factions as inevitable due to the nature of man—that is, as long as people hold differing opinions, have differing amounts of wealth and own differing amount of property, they will continue to form alliances with people who are most similar to them and they will sometimes work against the public interest …

There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.

A power to make all laws, which shall be necessary and proper, for carrying into execution, all powers vested by the constitution in the government of the United States, or any department or officer thereof, is a power very comprehensive and definite, and may, for ought I know, be exercised in a such manner as entirely …

Brutus 5 argues that the necessary and proper clause combined with the taxing powers of Congress would lead to excessive taxation that will deprive Americans of their liberty.

Brutus wrote that federal taxation “will introduce such an infinite number of laws and ordinances, fines and penalties, courts and judges, collectors, and excise men, that when a man can number them, he may enumerate the stars of Heaven.” That sounds a lot like what millions of Americans now struggle with each April.

Explain how Brutus uses the “great thinkers” to support his argument: He uses them by saying that they believe that the country is too large to be governed by one free republic.

Why is it significant that Brutus describes them as “great thinkers”? Brutus raised concerns about the elements of the Constitution that proposed moving from a confederation to a federal system.

The authority to tax is the most important power a government can be given because it is related to all other powers that governments can have. The central legislature’s power to raise and maintain a standing army, especially in peacetime, can lead to destruction of liberty.

Brutus was afraid that uniting all 13 states in America under one document, with one judicial, executive and legislative branch would be a mistake. Along with not being strong enough, he expects the articles to fade away, and does not have hope that the documents will last to govern our future generations.

sixteen

The independent writings and speeches have come to be known collectively as The Anti-Federalist Papers, to distinguish them from the series of articles known as The Federalist Papers, written in support of the new constitution by Alexander Hamilton, James Madison, and John Jay under the pseudonym Publius.

the Bill of Rights