Robert Yates(?), a non-signing Delegate to the Constitutional Convention, using the penname “Brutus,” publishes an anti-federalist essay, warning that the Elastic Powers and Supremacy Clauses will give the federal absolute power over the States to consolidate the Union into a despotic tyranny.  In paragraphs 3, 9, 11, 12, 23 and 24 he writes,

       [T]his power therefore is neither more nor less, than a power to lay and collect taxes, imposts, and excises at their pleasure; not only the power to lay taxes unlimited, as to the amount they may require, but it is perfect and absolute to raise them in any mode they please.

· · · · · ·

       This government is to possess absolute and uncontroulable power, legislative, executive and judicial, with respect to every object to which it extends, for by the last clause of section 8th, article 1st, it is declared “that the Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution, in the government of the United States; or in any department or office thereof.” And by the 6th article, it is declared “that this constitution, and the laws of the United States, which shall be made in pursuance thereof, and the treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing [sic] in the constitution, or law of any state to the contrary notwithstanding.”

· · · · · ·

       … 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 [indefinite?], and may, for ought I know, be exercised in a such manner as entirely to abolish the state legislatures. …

       … And are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution; and they may so exercise this power as entirely to annihilate all the state governments, and reduce this country to one single government. …

· · · · · ·

       In despotic governments, as well as in all the monarchies of Europe, standing armies are kept up to execute the commands of the prince or the magistrate, and are employed for this purpose when occasion requires: But they have always proved the destruction of liberty, and [are] abhorrent to the spirit of a free republic. …

A free republic will never keep a standing army to execute its laws. It must depend upon the support of its citizens. But when a government is to receive its support from the aid of the citizens, it must be so constructed as to have the confidence, respect, and affection of the people. …

       NOTE: Although the identity of “Brutus” is not known for sure, many scholars believe him to have been Robert Yates, an Associate Justice of the New York Supreme Court.

       [restored 9/26/2021] Thanks to Bill Holmes for this entry.

Subsequent Events:

11/1/1787                 11/22/1787                     12/14/1787                 2/1/1788                  4/7/1960

References:

Murray Dry, The Anti-Federalist: An abridgement, from The Complete Anti-Federalist by Herbert J. Storing, ed., (Chicago and London: University of Chicago Press, 1985), 108-10, 112, 115.

Brutus I – Teaching American History
teachingamericanhistory.org/library/document/brutus-i/

The Goal Is Freedom Tax Tyranny | News & Commentary | The Foundation for Economic Education In Brief
www.fee.org/articles/in-brief/the-goal-is-freedom-tax-tyranny/

The Prophetic Antifederalists | Mises Institute
mises.org/library/prophetic-antifederalists

Current U.s. National Debt:

$36,167,124,467,492

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