The Egyptian Military Suspends their Constitution while some here can only Dream

Posted by PITHOCRATES - February 13th, 2011

A Military Coup by any other Name

The Army’s in charge in Egypt (see Military rulers suspend Egyptian constitution by Marwa Awad and Dina Zayed posted 2/13/2011 on Reuters).

Egypt’s new military rulers said on Sunday they had dissolved parliament, suspended the constitution and would govern only for six months or until elections took place, following the overthrow of Hosni Mubarak.

As bad as this sounds, the military is the stable force in Egypt.  They’ve pledged to honor Egypt’s treaties during their rule.  Israel welcomed this news.  As did many governments in the region.  Perhaps the military will be able to win the peace.  Much like our Founding Fathers did after their revolution.  Time will tell.  We hope for the best for the Egyptian people.  The region.  And the world.

The Intent of the Constitution was to Oppress the People?

Suspend the constitution?  You know there are some here in the United States that would like to suspend the Constitution.  To hear some talk about the Constitution, the Founding Fathers were nothing but a bunch of racist, sexist, slave-owning bigots.  And these people mock the Tea Party people for all of their constitutional talk (see What “original intent” would look like by David Schultz posted 2/13/2011 on Salon).

Tea Partiers would be surprised how little freedom they’d have if we read the Constitution literally.

I dare say more people in the Tea Party have read the Constitution than those who argue against them.  Those on the left always say we need to take things in context.  When discussing barbaric customs of some indigenous people.  Or even the right to choose.  We can’t remove the context of environment and/or custom from these things.  But we can when it comes to our founding.

It wasn’t a perfect world in 1787.  We had just defeated the British Empire in a war that lasted 8 years.  And the people were in no mood to replace one central power with another.  Getting a national constitution wasn’t easy.  There were many conflicting interests.  And the states just wanted to go back to the way things were before the Revolution.

But when the Confederation Congress couldn’t pass a ‘national’ tariff over the objection of a single state that benefited well under the status quo, they had to do something.  If the new nation was to survive.  Few nations thought we would.  Some were just waiting in the wings for the collapse.  It was primarily those who served in the military that pushed the idea of nationhood along.  They fought alongside men from different states in a unified army.  These were the first ones to think as Americans.  And it was one man in particular, a retired George Washington, who brought the men together in Philadelphia in that hot and muggy summer in 1787.

It wasn’t easy.  States didn’t want to give up power.  They feared consolidation.  The states didn’t want some faraway seat of power telling them how to conduct their business.  In the context of the times, there was no nation. There were states.  Sovereign states.  Working together in a confederation.  Yes, they understood there were things a national government could do better (coin money, treat with foreign nations, build and maintain a military force, etc.).  But they were leery giving this new central government any power for fear that once they did, there would be no end to this transfer of power.  So the Founding Fathers developed federalism.  Shared sovereignty.  Most of the power would remain with the states.  And only those things strictly enumerated would go to the federal government. 

To begin with, the original document was silent on the right to vote. Voting rights were largely a matter of state law, and in 1787 most states limited the franchise to white, male, Protestant property owners, age 21 or older. The original Constitution did not allow for direct popular voting for president or the United States Senate, and there was no clear language even allowing for voting for members of the House of Representatives.

In the context of the times, white protestant males were the only people voting in the British world.  And Americans came from British stock.  No surprise here.  And a popular vote was not included for a very good reason.  The Founding Fathers feared a pure democracy.  Because once people learn they can vote themselves the treasury, they do.  Also, the states wanted to make sure their interests were represented in the central government.  That’s why state legislators were to elect their senators.  To keep a short leash on the new central government. 

The original Constitution didn’t include a Bill of Rights. Alexander Hamilton, one of the framers and authors of the Federalist Papers, argued against it. The Bill of Rights protects many rights the Tea Party considers hallowed, such as the freedom of speech and assembly and a right to bear arms. Lacking a Bill of Rights, these freedoms wouldn’t be protected against limitation by the national government.

The reason why they argued against a Bill of Rights was that they said they didn’t need it.  The Constitution enumerated the powers of the new central government.  Anything not enumerated was a power retained by the states.  The fear was that if they included a Bill of Rights and forgot to include a right then that right wouldn’t be protected.  But a Bill of Rights became conditional for ratification by some states.  James Madison opposed it (for the reasons just mentioned) but worked tirelessly to include it.  Because he and Hamilton knew it was the price of ratification.

Most importantly, as written, the Bill of Rights limited only national power — not state power

Again, the Constitution was all about limiting the power of the federal government.  It had nothing to do with limiting states’ powers.  No state would have ratified if it did.  This is the concept of federalism.  To keep Big Government small.  The states had their own constitutions.  And if a state became too oppressive, people could move to a state that wasn’t. 

And then there’s the matter of slavery. Article I, Section 1 of the original Constitution permitted slavery and the slave trade… Slavery did not end until the Emancipation Proclamation by Abraham Lincoln in 1863 and the adoption of the 13th Amendment in 1865.

I believe that was Section 2 of Article 1.  And the Emancipation Proclamation didn’t free a single slave.  But I’m nitpicking.  Again, historical context.  Slavery and Social Security have a little in common.  One is a failed institution.  The other is about to fail.  And the cost to fix or undo them is/was absolutely prohibitive.  And socially undoable. 

Article I, Section 9 did address the slave trade by agreeing to table it for 20 years.  It was the only way to get the southern states to join the union.  Because emancipation would wipe out close to have of the equity on many southern balance sheets.   Though immoral, the institution of slavery was legal.  Ending it would simply destroy the southern economy.  Much like what happened after the American Civil War when northern carpetbaggers came down and bought properties at fire-sale prices.  So there is a reason why the Founding Fathers didn’t address slavery more in the Constitution.  Because it wasn’t as easy to fix as Social Security.

And let’s not forget Alexander Hamilton, who argued against the need for a bill of rights and in favor of judicial review. The famous “Report on Manufactures” and “Report on Public Credit” he prepared as George Washington’s treasury secretary argued for an expansive federal government role in assisting the economy — hardly something the Tea Party constitutionalist would endorse.

Hamilton worked in business at a very young age.  And he was in awe of the British Empire.  Of their wealth and power.  He wanted an American Empire.  He wanted to jumpstart American industry.  And wanted to use a tool familiar to him.  Mercantilism.  It was the way the great empires became great.  In the British Empire, America was a supplier of raw goods.  We had no manufacturing base to speak of.  Hamilton wanted to use government to build one fast.  Today government wants to control the economy.  Hamilton wanted to create an economy where there was none.  There’s a bit of a difference.

It should be clear that many of the liberties and rights today’s Tea Partiers demand and benefit from just didn’t exist in the original form of the Constitution. It took many amendments and clarification from the courts to secure them. On top of that, if the ideal the Tea Party espouses ever was realized, it would just mean the states would have more authority to suppress rights.

The amendment process was part of the original Constitution.  The authors provided the means to change the Constitution.  They just didn’t make it very easy.  Unlike a court ruling, many people would have to agree to a change.  Not just a partisan few.  Or a partisan judge.

The Tea Party gets it.  It’s those who rail against them that don’t.

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LESSONS LEARNED #17: “The raison d’être of federalism is to keep big government small.” -Old Pithy.

Posted by PITHOCRATES - June 10th, 2010

ALEXANDER HAMILTON WAS a real bastard.  John Adams hated him.  Thomas Jefferson, too.  George Washington looked at him like a son.  Aaron Burr killed him.  Politics.  It can get ugly.

Hamilton’s father was having an affair with a married woman in a loveless marriage.  Fathered two children with her.  First James.  Then Alexander.  Both born on the British island of Nevis in the Caribbean.  His father then moved the family to the Danish island of St. Croix.  Shortly thereafter, Hamilton’s father abandoned his family.  Alexander was 10ish (there is some disagreement about his year of birth). 

At age 11ish, Alexander became a clerk at Cruger and Beekmen, an import-export firm.  There he learned about business and commerce.  People noticed his talent and ability.  Soon, they collected some money and sent him off to the American colonies for a college education.  Hamilton’s fondest memory of his childhood home was seeing St. Croix disappear into the horizon from the ship that delivered him to America.

Hamilton’s father did have some nobility in his lineage but he squandered it before it could do Alexander any good.  He was an illegitimate child (a real bastard).  His father abandoned him.  His mother died while he was young.  He had little but ability.  But that was enough to take him from St. Croix to the founding of a new nation.

Hamilton served in the Continental Army.  He served as General Washington’s aide-de-camp.  Hamilton was in the know as much as Washington.  His understanding of business, commerce and money made him acutely aware of the financial disarray of the Army.  And of the Continental Congress.  What he saw was a mess.

The Continental Congress was a weak central government.  It could not draft soldiers.  It could not impose taxes to pay her soldiers.  It could only ask the states for money to support the cause.  Contributions were few.  The congress tried printing money but the ensuing inflation just made things worse.  The Army would take supplies for subsistence and issue IOUs to the people they took them from.  The Congress would beg and borrow.  Most of her arms and hard currency came from France.  But they ran up a debt in the process with little prospect of repaying it.  Which made that begging and borrowing more difficult with each time they had to beg and borrow.

The army held together.  But it suffered.  Big time.  Washington would not forget that experience.  Or Hamilton.  Or the others who served.  For there was a unity in the Army.  Unlike there was in the confederation that supported the Army.

WARS ARE COSTLY.  And France fought a lot of them.  Especially with Great Britain.  She was helping the Americans in part to inflict some pain on her old nemesis.  And in the process perhaps regain some of what she lost to Great Britain in the New World.  You see, the British had just recently defeated the French in the French and Indian War (aka, the 7 Years War).  And she wanted her former possessions back.  But France was bleeding.  Strapped for cash, after Yorktown, she told the Americans not to expect any more French loans.

Wars are costly.  The fighting may have been over, but the debt remained.  The interest on the debt alone was crushing.  With the loss of a major creditor, America had to look elsewhere for money.  The Continental Congress’ Superintendent of Finance, the guy who had to find a way to pay these costs, Robert Morris, said they had to tax the Americans until it hurt they were so far in debt.  He put together a package of poll taxes, land taxes, an excise tax and tariffs.  The congress didn’t receive it very well.  Representation or not, Americans do not like taxes.  Of the proposed taxes, the congress only put the tariffs on imports before the states.

Rhode Island had a seaport.  Connecticut didn’t.  Rhode Island was charging tariffs on imports that passed through her state to other states.  Like to Connecticut.  Because they generated sufficient revenue from these tariffs, their farmers didn’t have to pay any taxes.  In other words, they could live tax free.  Because of circumstance, people in Rhode Island didn’t have to pay taxes.  Connecticut could pay their taxes for them.  Because of the Rhodes Island impost.  And the Robert Morris’ impost would take away that golden goose.

As the congress had no taxing authority, it would take a unanimous vote to implement the impost.  Twelve voted ‘yes’.  Rhode Island said ‘no’.  There would be no national tax.  ‘Liberty’ won.  And the nation teetered on the brink of financial ruin. 

DEFALTION FOLLOWED INFLATION.  When the British left, they took their trade and specie with them.  What trade remained lost the protection of the Royal Navy.  When money was cheap people borrowed.  With the money supply contracted, it was very difficult to repay that debt.  The Americans fell into a depression.  Farmers were in risk of losing the farm.  And debtors saw the moneymen as evil for expecting to get their money back.  The people demanded that their state governments do something.  And they did.

When the debtors became the majority in the state legislatures, they passed laws to unburden themselves from their obligations.  They passed moratoriums on the collection of debt (stay laws).  They allowed debtors to pay their debts in commodities in lieu of money (tender acts).  And they printed money.  The depression hit Rhode Island hard.  The debtors declared war on the creditors.  And threw property laws out the window.  Mob rule was in.  True democracy.  Rhode Island forced the creditors to accept depreciated paper money at face value.  Creditors, given no choice, had to accept pennies on the dollars owed.  No drawbacks to that, right?  Of course, you better pray you never, ever, need to borrow money again.  Funny thing about lenders.  If you don’t pay them back, they do stop lending.  The evil bastards.

Aristotle said history was cyclical.  It went from democracy to anarchy to tyranny.  Hamilton and James Madison, future enemies, agreed on this point.  A democracy is the death knell of liberty.  It is a sure road to the tyranny of the majority.  If you don’t honor written contracts, there can be no property rights.  Without property rights, no one is safe from arbitrary force.   Civilization degenerates to nature’s law where only the fittest and most powerful survive.  (In the social utopias of the Soviet Union and Communist China, where there were no property rights, the people’s government murdered millions of their people).

WINNING A WAR did not make a nation.  Before and after the Revolution, people thought in provincial terms.  Not as Americans.  Thomas Jefferson hated to be away from his country, Virginia.  Unless you served in the Continental Army, this is how you probably thought.  Once the common enemy was defeated, the states pursued their own interests.  (Technically speaking, they never stopped pursuing their own interests, even during the War).

In addition to all the other problems a weak Continental Congress was trying to resolve, states were fighting each other for land.  A localized war broke out between Pennsylvania and Connecticut over the Wyoming region in north east Pennsylvania.  And a region of New York was demanding their independence from that state.  Hamilton helped negotiate a peaceful solution and the confederacy admitted the new state, Vermont.

There were problems with the confederation.  And people were getting so giddy on liberty that that they were forgetting the fundamental that made it all possible.  Property rights.  States were moving closer to mob rule with no check on majority power.  And the smallest minorities held the legislation of the Confederate Congress (the Continental Congress renamed) hostage.  Land claims were pitting state against state with the Congress unable to do anything.  Meanwhile, her finances remained in shambles.  She had no credit in Europe.  And creditors wanted their money back. 

They were choosing sides.  And you can probably guess the sides.  Hamilton had no state allegiances, understood finance and capital, saw how an impotent congress was unable to support the Army during war, saw provincial interests hinder national progress and threaten civil war.  George Washington, Virginia’s greatest son, had long looked to the west and saw America’s future there.  Not Virginia’s future.  His war experience only confirmed what he believed.  America had a great future.  If they could only set aside their provincialism and sectional interests.  James Madison saw the tyranny of the majority in the Virginian State House first hand.  He liked partisanship.  He liked competing ideals debated.  He did not want to see a majority stampede their vision into law.

These were the nationalists.  Madison wanted a strong federal government to check the tyranny of the states.  Hamilton wanted to do away with the states altogether.  Washington wanted what was best for these several united states as a whole after so many labored for so long during the Revolutionary War.  Ultimately, he wanted to capitalize the ‘u’ and the’s’ in united states and make it a singular entity.

On the other side were many of the old 1776 patriots.  Many of who did not have any army experience.  Such as Thomas Jefferson.  In them, the Spirit of ’76 was alive and well.  The Revolutionary War was to free the states from the yoke of British oppression.  They remained provincials.  They did not spend up to 8 years in an army made up of soldiers from different states.  They had no sense of this nationalism.  They saw everything through the eyes of their state.  And a strong central government was just another yoke of oppression in their eyes.

THE ANSWER TO all of their concerns was federalism.  Shared sovereignty.  The states would give up a little.  And the new central government would take up a little.  The drafters of the Constitution set up a 3-branch government.  It included a bicameral legislature.  Membership in the House of Representatives would be proportional to a state’s population.  They would have power of the purse.  Including the authority to levy taxes.  In the Senate, each state would get 2 senators.  They would be chosen by the states’ legislatures (a constitutional amendment changed this to a popular vote).  This was to keep the spending of the House in check.  To prevent mob-rule.  And to check national power.  Each chamber would have to approve legislation for it to become law.  But each chamber did not need to have unanimous approval. 

That was in the legislature.  In the executive branch, the president would be head of state and execute the laws written by the legislature.  He would also conduct a uniform foreign policy.  The president could veto legislation to check the power of the legislature.  And the legislature could override the president’s veto to check the power of the president.  Where the law was in dispute, the judiciary would interpret the law and resolve the dispute.

At first glance, the people didn’t love the U.S. Constitution.  Those at the convention didn’t either, but they thought it was the best they could do.  To help the ratification process, James Madison, Alexander Hamilton and John Jay wrote a series of essays, subsequently published as the Federalist Papers making the case for ratification.  Those opposed wanted a Bill of Rights added.  Madison did not think one was necessary.  He feared listing rights would protect those rights only.  If they forgot to list a right, then government could say that it wasn’t a right.  He acquiesced, though, when it was the price to get the Virginian Baptists on board which would bring Virginia on board. 

Madison promised to add a Bill of Rights after ratification.  So the states ratified it.  And he did.  The final document fell between what the nationalists wanted and what the ‘states’ government’ people wanted. 

OVER THE FOLLOWING years, each side would interpret the document differently.  When Hamilton interpreted broadly to create a national bank, to assume the states’ debts and to fund the debt, the other side went ballistic.  Madison, the father of the Constitution, would join Jefferson in opposition.  For they believed the point of the constitution was to keep big government small.  Hamilton was interpreting the ‘necessary and proper’ clause of the Constitution to make government big.  Nasty, partisan politics ensued.  And continue to this day.

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