Anti-Federalism and the 2d

[Paul Finkelman]

Losing is not necessarily, or perhaps ever, and independent proof of "incorrectness." But it is perhaps proof that your ideas, plans and policies did not "win."  In this dicussion the issue is not whether the anti-federalists were "incorrect" or "correct," but whether *their* veiw of the constitution and the bill of rights is what the "winners" like Madison and Sherman had in mind when
they drafted the amendments.  It seems to me that we can use the A-F's for many things, like them or not, but one thing we cannot assert is that they "won" in 1787-88 or 1789-91; they lost both times, and so their goals, policies, and Constitutional views were clearly not what the nation ratified in 1788 or in 1791.  That does not make the a-f's incorrect, it does make them losers.

Paul Finkelman

James Maule wrote:

>  Is losing the common proof of incorrectness? --

Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
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Tulsa, OK  74104

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E-mail:  paul-finkelman at utulsa.edu