Between Scylla and Charbydis: Anarchy, Tyranny, and the Debate Over a Bill of Rights

THE BILL OF RIGHTS: GOVERNMENT PROSCRIBED, Ronald Hoffman and Peter J. Albert, eds., pp.103-74, University Press of Virginia, 1997

72 Pages Posted: 11 Jan 2010

See all articles by Paul Finkelman

Paul Finkelman

Gratz College; Albany Law School

Date Written: 1997

Abstract

Scylla and Chardydis are the mythical sea monsters who were said to have posed an inescapable threat to passing sailors traveling through the Strait of Messina: this article suggests that the Federalists and Antifederalists were the beasts between which the Bill of Rights had to pass.

As is evident by the debates between Federalists and Antifederalist during the Constitutional Convention, both sought to construct a framework that would preserve individual liberty and establish justice. Here, Professor Finkelman discusses the trials and tribulations during the debates that lead to the creation of the Bill of Rights. Despite a great deal of mistrust on the part of both Federalists and Antifederalists, they were able to come together in support on one of our nation’s most important founding documents.

Keywords: Bill of Rights, Federalism, Anti-federalism

Suggested Citation

Finkelman, Paul, Between Scylla and Charbydis: Anarchy, Tyranny, and the Debate Over a Bill of Rights (1997). THE BILL OF RIGHTS: GOVERNMENT PROSCRIBED, Ronald Hoffman and Peter J. Albert, eds., pp.103-74, University Press of Virginia, 1997. Available at SSRN: https://ssrn.com/abstract=1533491

Paul Finkelman (Contact Author)

Gratz College ( email )

7605 Old York Road
Melrose Park, PA 19027
United States

Albany Law School

NY
United States

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