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1 point

Yes, a standing army may be able to protect against outside invaders; however, they may harm us more than help us. With a standing army our independence is at risk. Brutus states that "standing armies are kept up to execute the commands of the prince of magistrate, and are employed for this purpose when occasion requires: But they have always proved the destruction of liberty." Standing armies are to be kept where there is a king, where there is someone in charge. If we have a standing army, the people begin to lose freedom and the government would evolve into less and less of a democracy. Here in America, the people are in charge. The government relies on its support from the people. With this in mind, Militias are clearly the better option. Militias allow for the people to have an even closer knit relationship with the government than we already have, as well as protecting our rights and keeping the people safe.

1 point

Daniel Shays was NOT rebelling against state taxes as a whole, he was rebelling against an absurd amount of taxes and the way they were being enforced. In this time, the repayment of credit or loans was to be paid back in hard currency, which was in a shortage at the time and most people did not have. Shays was on the side of the people that were poor and depressed and had no money. The absurd taxes would lead to loss of their farms or even imprisonment, leading to more debt and more taxes and more criminal activity, thus leading to more trials and more debt, which a state court would better be able to defend than a federal court because they have a better understanding of the situation.

4 points

The states wanted a strong democracy and to be able to have their needs heard, understood, and taken into consideration. This will form majority factions and they can be bad, but they are fully necessary because we have to have popular government in order for the people's will to be the basis of government (popular sovereignty). Majority factions are just groups saying they want what most people want.

Madison acknowledged the importance of popular sovereignty in Federalist 10 when he said, "...to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed." But then he turned around and violated the principle, thus going back to majority factions. He created a government that will result in the other evil he mentioned: minority faction rule.

3 points

The federal courts “jurisdiction comprehends all civil causes...and it extends to all causes in law and equity arising under the constitution” (Brutus 4). Under the Constitution, we the states have the right to have at least one court in each state. Today we have over 90 local and state courts across the United States. In these local courts, our needs are able to be met and it gives us fair trials. If we had not had this the results of Shays Rebellion would be dramatically different. In Shays Rebellion, the state court was able to give a fair trial rather than having a farmer hung for defending his natural and inalienable rights as stated in the Declaration of Independence. As Anti-Federalists we believe these rights must be protected and the federal courts do not support this belief.

3 points

The necessary and Proper Clause is an unfair way of passing laws in the country and gives Congress too much power. We believe that laws should not be simply passed because they are “necessary and proper for carrying into execution the foregoing powers” (Brutus 2). Laws should be passed by the people, for the people, to further benefit the people, not because a law is “necessary.” According to Brutus, with this clause the powers given by the Constitution are too general and would result in absurd rulings from legislature, such as a state not being able to change their individual income in order to help pay off state debt because they may “prevent the collection of a tax which they may think proper and necessary.” The passing of this clause gives Congress too much power, thus taking away from the people and the states.

3 points

Constitutioncourts “jurisdiction comprehends all civil causes...and it extends to all causes in law and equity arising under the constitution” (Brutus 4). Under the Constitution, we the states have the right to have at least one court in each state. Today we have over 90 local and state courts across the United States. In these local courts, our needs are able to be met and it gives us fair trials. If we had not had this the results of Shays Rebellion would be dramatically different. In Shays Rebellion, the state court was able to give a fair trial rather than having a farmer hung for defending his natural and inalienable rights as stated in the Declaration of Independence. As Anti-Federalists we believe these rights must be protected and the federal courts do not support this belief.



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