The Public Reaction to the Drafting of the U.S. Constitution and the Bill of Rights

Introduction

The U.S. Constitution and the subsequent Bill of Rights were among the most monumental political documents in the history of the United States. While the Founding Fathers worked diligently to lay the foundation for a democratic republic, the initial public reaction was mixed. Issues such as the lack of explicitly enumerated rights, the provisions for long-term terms, and the inclusion of provisions related to slavery and secrecy during the drafting process sparked significant debate.

The Lack of Enumerated Rights

One of the most contentious aspects of the initial drafting was the absence of explicitly enumerated rights within the document. Critics argued that this implied a lack of protection for individuals. As Mercy Otis Warren highlighted in her writings, the constitutional draft seemed to pay more attention to the powers of the government than the liberty of the people:

‘But there are certain seasons in the course of human affairs when Genius, Virtue, and Patriotism seems to nod over the vices of the times and perhaps never more remarkably than at the present period or we should not see such a passive disposition prevail in some who we must candidly suppose have liberal and enlarged sentiments while a supple multitude are paying a blind and idolatrous homage to the opinions of those who by the most precipitate steps are treading down their dear-bought privileges and who are endeavouring by all the arts of insinuation and influence to betray the people of the United States into an acceptance of a most complicated system of government…’

Long-term Terms of Office

Another point of contention was the provision for long terms in office. Opponents viewed this as a deviation from the established custom of annual elections. These individuals feared that the Constitution would effectively establish a permanent class of elected officials, undermining the democratic principles of frequent election and representation:

‘While a supple multitude are paying a blind and idolatrous homage to the opinions of those who by the most precipitate steps are treading down their dear-bought privileges and who are endeavouring by all the arts of insinuation and influence to betray the people of the United States into an acceptance of a most complicated system of government…’

Slavery Compromises

One of the most hotly debated aspects of the Constitution was the inclusion of provisions that allowed for the perpetuation and expansion of slavery. Northern states were particularly scandalized by the compromises that allowed for the continuing practice of slavery, and many observers saw these compromises as contradictory to the espoused principles of liberty.

‘Northerners were appalled by the slavery compromises and many observers opposed the secrecy in which the document was drafted.’

Secrecy in the Drafting Process

Finally, the secrecy during the drafting process was another point of contention. Critics argued that the lack of transparency in the drafting of such a fundamental document undermined the democratic spirit of the nation. As Otis Warren pointed out, such secrecy was a tactic used to bypass the will of the people: