description Brutus No. 1 Overview
"Brutus No. 1" is an Anti-Federalist essay published on October 18, 1787, in response to the proposed United States Constitution. Written under the pseudonym Brutus—widely believed to be New York judge Robert Yates—it argued that the new federal government would possess too much power and inevitably subvert state sovereignty. The essay specifically warned against the Necessary and Proper Clause and the Supremacy Clause, suggesting they would lead to an overbearing national authority.
It remains a foundational text for understanding the Anti-Federalist opposition to the Constitution's ratification.
help Brutus No. 1 FAQ
What powers did Brutus No. 1 fear the Constitution would give the federal government?
Brutus argued that the Necessary and Proper Clause, the taxing power, and the Supremacy Clause would let the federal government steadily absorb state authority. He believed the proposed republic was too large for representatives to remain accountable to ordinary citizens.
Who actually wrote Brutus No. 1?
The essay appeared under the pseudonym Brutus, so its authorship is not definitively proven. It is widely attributed to Robert Yates, a New York judge who had attended the Constitutional Convention.
Was Brutus No. 1 written as a response to The Federalist Papers?
Brutus No. 1 was published on October 18, 1787, before the first Federalist essay appeared later that month. Both series joined the same ratification debate, with Brutus opposing the Constitution and Publius defending it.
What did Brutus No. 1 predict about the Supreme Court?
Brutus warned that federal judges would interpret their powers broadly and face few effective checks. Later Brutus essays developed this argument more fully, anticipating controversy over judicial review and lifetime tenure.
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