Why does Winthrop believe that a bill of rights is essential in the Constitution?

journal article

The Political Thought of John Winthrop

The New England Quarterly

Vol. 3, No. 4 (Oct., 1930)

, pp. 681-705 (25 pages)

Published By: The New England Quarterly, Inc.

https://doi.org/10.2307/359652

https://www.jstor.org/stable/359652

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The New England Quarterly, founded in 1928, is best described by its subtitle, A Historical Review of New England Life and Letters. Through major essays, memoranda and edited documents, reconsiderations (of scholarly editions, influential interpretive texts, and essays published in NEQ), essay reviews, and book reviews, NEQ authors help readers evaluate the history of civilization in New England. NEQ publishes essays covering any time period, from the presence of Native Americans through the present day, and any subject germane to New England's history, for example, the region's diverse cultural production and political philosophies, its race relations, labor struggles, religious controversies, and the organization of family life. The journal's focus also broadens beyond the region to treat the migration of New England ideas, people, and institutions to other parts of the United States and the world.

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The New England Quarterly is an independent journal that is overseen by The New England Quarterly, Inc., a nonprofit organization with a board of directors. It receives support from its sponsors: the Colonial Society of Massachusetts, University of Massachusetts Boston, the Massachusetts Historical Society, and the Massachusetts Cultural Council. The journal's stated mission is to encourage the study of New England's history and culture and, through quarterly publication and related activities, to enlighten the public about their significance and diversity. Starting with Volume 80 (2007), The New England Quarterly has been published by The MIT Press. Please visit here for information on subscriptions and current issues.

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Throughout U.S. history, Americans have appealed to the idea that the country is a “city upon a hill” and exceptional in its natural rights republican principles and constitutional government. These ideas were present at the time of the American founding as the founders had a sense of destiny and an understanding of the unique historic moment.

The concept of a “city upon a hill” originated with Massachusetts Bay Colony Governor John Winthrop’s “Model of Christian Charity” sermon aboard the Arbella. He described the purpose of establishing a godly society to work towards the common good, just government, and civic virtue. Winthrop’s thinking about a “city upon a hill” was influenced by covenant theology: “We must consider that we shall be as a city upon a hill, the eyes of all people are upon us; so that if we shall deal falsely with our God in this work we have undertaken and so cause him to withdraw his present help from us, we shall be made a story and a by-word through the world.” The same ideals about a religious and civil covenant with God and each other were present in the Pilgrims’ “Mayflower Compact.”

Pilgrim and Puritan thinking about a “city upon a hill” focused on establishing a pure church that was free of the perceived corruptions of the Anglican Church as well as creating a civil commonwealth on biblical principles. While they were very specific to colonial Massachusetts, they influenced the founders’ purpose to create a republic based upon natural rights and liberties. American exceptionalism thus enlarged to a national vision at the time of the founding.

After the Constitutional Convention, a vibrant political debate centered on the proposed Constitution and addressed larger political principles upon which the American republican regime was to be built. This deliberation took place in newspaper essays, pamphlets, state ratifying conventions, and in public spaces such as taverns. It was one of the greatest debates about human nature, political principles, and government the world has seen.

The debate revealed significant differences of political philosophy among American statesman as noted by numerous historians and political scientists. While the Federalists, who supported the new Constitution, and Anti-federalists, who opposed it, acknowledged that the Articles of Confederation had deficiencies that needed to be remedied, they differed significantly on the character of the changes that were needed.

The Federalists wanted a more energetic government than had existed under the Articles of Confederation because they believed it would promote better governance and thereby protect liberty. Of particular note, they argued for a stronger executive and independent judiciary under the principles of separation of powers and national supremacy.

On the other hand, the Anti-federalists admitted that the national government needed greater powers to regulate trade and to tax, but they were deeply concerned about a powerful executive, a corrupt Senate, and an imperial judiciary or perhaps a cabal of those branches acting tyrannically against the liberties of the people and the powers of the states.

This great deliberative moment during the American founding belies the fact that the opposing sides of the debate shared several fundamental republican tenets in common. They believed in popular sovereignty and representative government, limited government, federalism, separation of powers, the liberties of the people, and other essential constitutional principles even if they differed over the best means to achieve them in the framing of the constitutional order.

The Federalists and Anti-federalists also shared common roots in their thinking about government and human nature. They were influenced by ancient history and philosophy, Enlightenment ideas, the English tradition and colonial experience, and Protestant Christianity. Their Protestantism contributed to their thinking about resistance to tyranny, religious and civil liberty, and American exceptionalism.

The Federalist has several references to American exceptionalism. Most notably, in Federalist #1, Alexander Hamilton famously stated, “it seems to have been reserved to the people of this country to decide, by their conduct and example, the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.” The American opportunity to discuss those principles of government by “reflection and choice” was not merely a coincidence. Many of the founding generation thought it a sign of divine providence in their creation of a virtuous constitutional republic.

James Madison demonstrated this belief more directly in Federalist #37, when he wrote, “It is impossible for the man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently & signally extended to our relief in the critical stages of the revolution.” Similar words were written by George Washington and others reflecting on the unlikely victory of the American Revolution and the founding.

The Anti-federalists were also pious Christians whose religious views shaped their understanding of the republican experiment in America. Brutus (widely assumed to be New Yorker Robert Yates) wrote his first essay about the danger of a large republic and struck a chord of Puritan covenant theology. Much like John Winthrop’s “City Upon a Hill,” Brutus wrote that if Americans were faithful and built a virtuous republic, they would be blessed. “[If] you will lay a lasting foundation of happiness for millions yet unborn; generations to come will rise up and call you blessed.” If they established a despotism or tyranny that destroyed liberty, they would be punished and, “posterity will execrate your memory.”

President Washington used the occasion of his First Inaugural Address to advance the republican principles of free government and free society in the new nation. He stated, “The preservation of the sacred fire of liberty, and the destiny of the Republican model of Government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people.” This assertion of American exceptionalism made the American experiment in liberty a sacred obligation not only for the destiny of America but as a model of republican government for the world.

Abraham Lincoln would echo these dutiful sentiments at Gettysburg when he said, “that this nation, under God, shall have a new birth of freedom –and that government of the people, by the people, for the people, shall not perish from the earth.”

Why does Winthrop believe that a bill of rights is essential in the Constitution?
Tony Williams is a Senior Fellow at the Bill of Rights Institute and is the author of six books including Washington and Hamilton: The Alliance that Forged America, with Stephen Knott. Williams is currently writing a book on the Declaration of Independence.

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Why does the author say that a bill of rights is always necessary in general?

Antifederalists argued that a bill of rights was necessary because, the supremacy clause in combination with the necessary and proper and general welfare clauses would allow implied powers that could endanger rights.

Why does Ramsay feel that the power to amend the Constitution is so important a political innovation?

Why does Ramsay feel that the power to amend the Constitution is so important a political innovation? No other country or eras have allowed the people to influence the gov.

What was the main argument for the bill of rights?

In the end, popular sentiment was decisive. Recently freed from the despotic English monarchy, the American people wanted strong guarantees that the new government would not trample upon their newly won freedoms of speech, press and religion, nor upon their right to be free from warrantless searches and seizures.

Does the author believe there is a need for the addition of a bill of rights to the Constitution?

Dangerous and Unnecessary Supporters of the Constitution, the Federalists, thought a bill of rights was unnecessary and even dangerous. The authors of The Federalist Papers, including James Madison, argued for ratification of the Constitution without a bill of rights.