2012 Endorsements: James Madison

Posted by PITHOCRATES - October 22nd, 2012

2012 Election

The Father of the Constitution nudged the Father of the Country out of Retirement

The Confederation Congress did not work as well as some had hoped.  Despite having won their independence from Great Britain there was still no feeling of national unity.  Sectional interests prevailed over national interests.  Greatly affecting the ability of the national government to function.  Negating the benefits of union.  And offering little respect for the young nation on the world stage.  The new nation simply was not taken seriously at home.  Or abroad.  Prompting a meeting of states delegates in Annapolis in 1786.  Twelve delegates from five states showed up.  The states just didn’t care enough.  The convention adjourned after only three days.  But not before Alexander Hamilton put a plan together for another convention in Philadelphia for the following year.

The states were happy with the way things were.  They did not want to give up any of their powers to a new central authority.  But the problem was that the states were fighting against each other.  Trying to protect their own economic interests and their own trade.  Some could extend this behavior out into the future.  And they did not like what they saw.  States with similar interests would form regional alliances.  And these alliances would ally themselves with some of the European powers who were also on the North American continent.  The northern states (having industry and commerce) would join together and ally with the industrial and commerce powerhouse Great Britain.  The agrarian southern states would join together and ally with Great Britain’s eternal enemy.  France.  And the western territories dependent on the Mississippi River to get their agricultural goods to marker would ally with the European power in control of the Mississippi River.  Spain.  Who were both eternal enemies of Great Britain.  And the centuries of warfare on the European continent would just extend to North America.  Some saw this as the American future if they didn’t unite and put the nation’s interests ahead of sectional interests.

The Constitutional Convention in Philadelphia in 1787 almost didn’t happen.  For there was as much interest in it as there was in the Annapolis Convention in 1786.  James Madison, the father of the Constitution, made the meeting in Philadelphia a reality.  By his persuasive efforts with his neighbor.  George Washington.  Father of our Country.  Then in retirement at Mount Vernon with no interest to reenter public life after resigning his commission following the Revolutionary War.  He could have been king then but declined the numerous offers to make him so.  Happy that they won their independence he just wanted to live out his years on his farm.  Like Lucius Quinctius Cincinnatus.  Who left his plough to become dictator of the Roman Republic.  To defend the Roman Republic.  He defeated the enemy.  Resigned his dictatorship.  And returned to his plough.  Earning a cherished place in our history books.  Something Washington had just done.  Only taking some 8 years instead of 16 days like Cincinnatus.  His place in history had come with a far greater price.  And he did not want to risk losing what he had earned after paying so dearly for it.  But Madison knew that it would take Washington’s presence to get the other states to send their delegates.  So Madison was persistent.   The Father of the Constitution nudged the Father of the Country out of retirement.  And made the retired general do the last thing he wanted to do.  Return to public life.  As he was already an old man who outlived the average lifespan of Washington men.

Madison didn’t believe a Bill of Rights would Stop a Majority from Imposing their Will on the Minority

It took four long, miserable months to produce the new constitution.  It was a hot and insufferable summer.  And they kept the windows of Independence Hall closed to block out the city noise.  And prevent anyone from hearing the debates.  So the delegates could speak freely.  And after those four long months the delegates signed the new document.  Not all of them.  Some hated it and refused to sign it or support it.  And would actively fight against it during the ratification process.  As they did not like to see so much power going to a new federal government.  Especially as there was no bill of rights included to help protect the people from this new government.  The document they produced was based on the Virginia Plan.  Which was drafted by James Madison.  Which is why we call him the Father of the Constitution.  So Virginia was instrumental in producing the new constitution.  And the delegates finally agreed to it because of another Virginian.  George Washington.  Making Virginian ratification of the new constitution conditional for other states to ratify it.  So all eyes were on Virginia.  For without Virginia all their efforts in Philadelphia would be for naught.  Because if Virginia did not join the union under the new Constitution that meant George Washington would be ineligible to be president.

Of course getting Virginia to ratify was another story.  Because George Washington and James Madison were not the only Virginians in politics.  There was also George Mason.  Who wrote the Virginia Declaration of Rights (1776).  Which Thomas Jefferson may have borrowed from when writing the Declaration of Independence.  And Mason also wrote the Virginia State Constitution (1776).  Mason opposed granting the new federal government so much power and refused to sign the Constitution in Philadelphia.  And then there was Patrick Henry.  Perhaps the greatest Patriot orator.  And of “Give me Liberty, or give me Death!” fame.  Which he shouted out during the Stamp Act (1765) debates.  He was also Virginia’s first governor under the new state constitution.  Mason and Henry were Patriots of the 1776 school.  The kind that hated distant central powers.  Whether they were in London.  Or in New York.  Mason wanted a bill of rights.  Henry, too.  As well as amendments transferring a lot of power from the federal government back to the states.  Or, better yet, no federal constitution at all.  Which Henry would work towards by leading a fierce ratification opposition.

Perhaps the greatest flaw of the new constitution as many saw was the lack of a bill of rights.  This was a contentious issue during the convention.  It was the reason why Mason refused to sign it.  As there was nothing to check the powers of the new government and protect the people’s liberties.  So why did they not include a bill of rights?  Because it was not necessary.  According to Madison.  Who fought against it.  Because the new federal government was a government of limited powers.  It wasn’t like the state governments.  The new federal government only did those things the states didn’t do.  Or shouldn’t do.  Like treat with other nations.  Provide a common defense.  Regulate interstate trade.  Things that expanded beyond a state’s borders.  And what powers it had were enumerated.  Limited.  It did not repeal individual rights protected by state constitutions.  And had no authority over those rights.  Whatever rights a person enjoyed in their state were untouchable by the new federal government.  Therefore, a bill of rights was not necessary.  Which actually protected rights greater than listing them.  For whatever rights they forgot to list the federal government would assume were fair to abuse.  Finally, Madison didn’t believe a bill of rights would stop a majority from imposing their will on the minority.  A tyranny of the majority.  Something he saw firsthand as a young man returning from college.  Where the state of Virginia harassed and imprisoned Baptist ministers for holding Baptist services in Anglican Virginia.  Something he didn’t forget.  Nor did the Baptists.

If James Madison were Alive Today he would Likely Endorse the Republican Candidates Mitt Romney and Paul Ryan

Patrick tried hard to prevent the ratification of the constitution in Virginia.  But failed.  When it came time for the Virginian legislature to elect their federal senators Henry campaigned hard against Madison and saw him defeated.  When it came to the federal House elections Henry drew the new Congressional districts that made Madison campaign in a district full of people that mostly disagreed with him.  Which it took a change of his position on adding a bill of rights to the Constitution to overcome.  His position gradually changed from opposed to being lukewarm to being a strong supporter.  In part due to some correspondence with Thomas Jefferson then serving in France.  And the Baptists’ concerns over rights of conscience.  Something Madison had longed believed in.  Believing religious liberty was essential to a free people.  As the Constitution stood there were no safeguards specifically against the oppression like that the Anglicans imposed on the Baptists earlier.  What the Baptists wanted was a bill of rights.

Madison promised, if elected, to introduce an amendment to the Constitution addressing their concerns.  In fact, a bill of rights would be the first Constitutional amendment.  And he would introduce it and fight for it until it was ratified.  Based on this promise the Baptists threw their support behind Madison.  Got him elected to the House of Representatives.  And Madison delivered on his promise.  Championing a bill of rights through Congress.  The Father of the Constitution also became the Father of the Bill of Rights.  And then it was a knockdown drag-out fight in the Virginian legislature to get the new Bill of Rights ratified.   Where the opposition to ratification was led by none other than Patrick Henry.  But he would lose that fight, too.  And the nation would have a federal government with limited, enumerated powers.  With individual liberties protected by a bill of rights.  Providing a federal government powerful enough to do the things it needed to do like treat with other nations, provide a common defense, regulate interstate trade, etc.  Those things that expanded beyond a state’s borders.  And in the following decade we would be prosperous because of it.

None of this could have happened without Virginia’s ratification of the Constitution.  Which opened the door for George Washington to be our first president.  And helped New York ratify the Constitution.  With the ratification in Virginia.  And the letter writing campaign in support of ratification.  Which appeared in newspapers.  Articles written by James Madison and Alexander Hamilton (mostly) and John Jay.  Now published as the Federalists Papers.  Thanks to the tireless efforts of Madison and Hamilton the nation had a new form of government.  But Madison and Hamilton would soon part ways once Hamilton was Secretary of the Treasury.  And took great liberties with the necessary and proper clause of the Constitution.  Expanding the power and scope of the federal government far beyond what Madison had ever envisioned.  Which moved Madison into closer company with George Mason and Patrick Henry.  Desperately trying to hold onto states’ rights and oppose the expansion of the federal government.  Like he would oppose the great overreach of the federal government today.  The transfer of power from the states to the federal government.  And the expansion of suffrage to include those who don’t own property or pay taxes.  Leading to mob rule at times.  Populism.  And a tyranny of the majority.

Madison suffered ill health most of his life.  Stomach disorders and dysentery.  Brought on by the pressures of public service.  If he were alive today he probably wouldn’t remain alive long.  Seeing what has happened to his Constitution would probably kill him.  If he had the chance to vote today he would vote for the party that championed limited government.  The party that would stop the growth of the federal government.  And reduce its size.  The party that governed for all people and not the will of the populist mob.  The party that did NOT govern through class warfare but through sound principles.  If James Madison were alive today he would likely endorse the Republican candidates Mitt Romney and Paul Ryan.

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The Electoral College

Posted by PITHOCRATES - December 22nd, 2011

Politics 101

The Founding Fathers put Responsible, Enlightened and Disinterested People between the People and their Government

The Founding Fathers were no fans of democracy.  Election by popular vote was little more than mob rule.  It would lead to the tyranny of the majority over the minority.  And as Benjamin Franklin warned, once the people learned they could vote themselves money from the treasury, they would.

These feelings extended to the states as well.  The small states did not want to be ruled by the large states.  This is why every state had two senators in the Senate.  To offset the influence of the big states in the House of Representatives.  Where the people voted for their representatives by direct popular vote.  And to offset the influence of the new federal government, the state legislatures would elect their senators.  Giving the states a large say in federal affairs.

Knowing history as they did, this was all very purposeful.  Indirect elections.  Putting other people between the people and the power of government.  And the treasury.  The people would vote for responsible, enlightened and disinterested people to represent them.  Then these responsible, enlightened and disinterested people would make policy.  And by doing this the Founding Fathers hoped that the new republic would survive.

The Founding Fathers set up the United States as a Federation of Independent States

Blacks make up about 12% of the population.  Gay and lesbians less than 1.5%.  In a true democracy it would not be difficult for the majority to win a popular vote to make these people illegal.  As crazy as that sounds a democracy could do that.  If that was the way the mob felt at the time of the vote.  This was the kind of thing the small states worried about.  As well as the Founding Fathers.  A tyranny of the majority.  Where anything goes.  As long as the majority says so.

Interestingly, a popular vote could have freed the slaves.  Which was a concern of the southern states.  The Three-Fifth Compromise was yet another provision the Founding Fathers included in the Constitution.  To get the southern states to join the new union.  This counted 3/5 of a slave as a person to determine representation in the House of Representatives.  Which would offset the numerical superiority of free people in the northern states.  And prevent them from ruling the southern states.  Which is pretty much what happened after the Civil War.  As the freed slaves tended to vote along with their northern liberators.

The Founding Fathers set up the United States as a federation of independent states.  For before there was a United States of America there were independent states loosely associated together.  Coming together only when they needed each other such as winning their independence from Great Britain.  Even during the Revolution the states were still fiercely independent.  And getting these fiercely independent states to join together in a more perfect union required a lot of checks and balances.  A separation of powers.  And indirect elections.  Which the Founding Fathers dutifully included in the new Constitution.  It wasn’t perfect.  But it was the best such a diverse group of people and beliefs could produce.

The Seventeenth Amendment Destroyed a very Large Check on Federal Power

Of course, this leaves the presidential election.  And the Electoral College.  Which grew out of the same concerns.  Of trying to prevent the large states from ruling the small states.  The Electoral College blended together the popular vote of the House of Representatives.  And the indirect vote of the Senate.

Each state had electors who actually voted for the president.  The number of electors in each state equaled that state’s representation in Congress.  The number of representatives in the House (population-based).  And the number of senators (state-based).  The electors typically cast all of their electoral votes based on the outcome of the popular vote of their state.  Which is why sometimes presidents win elections even though they lose the national popular vote.  An outcome designed by the Founding Fathers.  To prevent a tyranny of the majority from ruling over the minority.

Some things have changed since the Founding.  We extended the right to vote to black men.  And then later to women.  Both good things.  But not all changes were good.  Such as the Seventeenth Amendment.  Perhaps the biggest change from the intent of the Founding Fathers.  Ratified in 1913, it changed the election of Senators from a vote by the state’s legislature to a popular vote like that for the House.  Destroying a very large check on federal power.  Creating a much more powerful central government by transferring power form the states to the federal government.  What the Founding Fathers tried to prevent in the original Constitution.  With their checks and balances.  Their separation of powers.  And their indirect elections.  Including the Electoral College.  Which, if eliminated, would give even more power to the federal government.  And a greater ability for the majority to rule unchecked over the minority.

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LESSONS LEARNED #18: “Man-given rights are only privileges allowed by the privileged elite.” -Old Pithy

Posted by PITHOCRATES - June 17th, 2010

GOD WAS HERE before the Marine Corps. So you can give your heart to Jesus, but your ass belongs to The Corps.

(From the movie Full Metal Jacket, 1987.)

In Roman Catholicism, this is the doctrine of the two swords.  The spiritual sword is the Church.  The temporal sword is the state.  Martin Luther had the doctrine of two kingdoms.  The religious and civil.  Going back to the source, Jesus Christ put it this way:

Render unto Caesar the things which are Caesar’s, and unto God the things that are God’s 

The original separation of church and state.  Of course, back then, this was all intended to limit the state’s interference into spiritual matters.  Today it’s reversed.  It’s the state that is trying to hold the spiritual sword at bay.

THE FOUNDING FATHERS were gentlemen of the Enlightenment.  This makes them complex.  The Enlightenment was the Age of Reason.  And guess what we did during the Age of Reason?  We thought.  Rationally.  There was a philosophical revolution going on in Europe.  Simply put, things weren’t what they were because the Church said so.  There were other explanations.  Other laws.  And the Church could be wrong.

So, if the Founding Fathers had lived in the 20th century, they would have probably been fans of the rock group Rush.  And Ayn Rand.  Who influenced Rush.  Thomas Jefferson probably would have an iPod filled with their songs, including Tom Sawyer:

No his mind is not for rent
To any god or government

They questioned ALL authority.  And some may have been Deists.  But they were not atheists.  Even Jefferson.  He may not have believed in the Trinity or Christ’s divinity, but he still believed in God.  And he worshipped Jesus in his own way.  As the world’s greatest philosopher, with his Sermon on the Mount being the best philosophy man could ask for.

THE FOUNDING FATHERS were gentlemen of the Enlightenment.  Now the other part.  The thing that makes them complex.  The gentlemen part.  What did this mean in the 18th century?  Here are some adjectives that describe a gentleman.  Honorable.  Virtuous.  Reputable.  A gentleman strived to achieve moral excellence and righteousness.  He was ethical.  His life was a steadfast adherence to a strict moral code.  And when he served in public office, it was with selfless disinterest.  He would go out of his way to NOT gain personally from his time in public office.  Some did it better than others.  But all tried.  And when they fell short, they at least put on an appearance of disinterest.  It was that important.  And expected.

In a word, restraint.  This is what a gentleman practiced.  George Washington exercised this restraint to such a degree that many found him cold and aloof.  Few saw him smile.  Few saw public displays of emotion.  What they did see was an exemplary life of virtue, honor and moral excellence.  And they would forever look at him with awe and reverence.  We do to this day.

These students of the Enlightenment, then, espoused Judeo-Christian ethics.  They questioned all authority oppressing man, whether it be Church or state.  But they did not throw out the baby with the bath water.  They remained religious.  They just wouldn’t yield to it unconditionally.  Not to the Pope.  To a bishop.  Or any other tyranny of a minority, privileged elite.  Even after their Revolution.

And they would extend this restraint to the new nation they would found.  It would be a government that would govern with the consent of the people.  But it would not be mob-rule.  Not a true democracy.  It would be representative government.  The idea was to restrain the extreme passions of the people.  They would not exchange one tyranny for another.  There would be no tyranny of the majority.

FRANCE HAD PROBLEMS in the late 18th century.  The toll of war was bankrupting the country.  Their financing of the American Revolution didn’t help either.  Food was scarce and expensive.  Famine and malnutrition were commonplace.  Among the Third Estate (the poor).  The First Estate (the Church) was doing well.  The Second Estate (the nobility), too.  Unemployed and hungry, the poor looked at the clergy and the nobility who were not. 

The Church was largely exempt from paying taxes. And the Church was the largest landholder in France.  The Church levied a 10% tax (i.e., a tithe) on the general population.  A lot of that was collected in-kind (food crops).  So the Church had more land, money and food than the starving, suffering masses.  Who became an angry mob.  That demanded democracy.

The people stormed the Bastille.  Confiscated Church property.  Overthrew the monarchy.  And sent the king and queen, and many others, to the guillotine.  Maximilien Robespierre and the Jacobins unleashed the Reign of Terror.  They executed political enemies, including priests, and displayed their severed heads to the angry mob.  They de-Christianized France, destroying churches and religious symbols.  They tried to do away with the Church altogether and replace it with civic and community events and organizations.  It was a revolution against Church and state.  Against law and order.  Against restraint.  They would send Robespierre himself to the guillotine at the end of his terror.  Then another terror followed to avenge the previous terror. 

There’s more to the French Revolution.  But that should suffice for now. 

FRANCE WAS IN the epicenter of the Enlightenment.  Some of the great minds of the Enlightenment were French.  But France was older than America.  And more populated.  With centuries of wrongs to right.  It was anything but a blank canvas.  Egalitarianism soon devolved into angry mob rule.  Democracy.  They went from the tyranny of a minority to the tyranny of the majority without stopping in that fertile middle ground.  As was the case in America.  Why?

It’s that blank canvas thing.  We weren’t overthrowing our history to start anew.  We had little history.  Maybe a century or two of English colonists who literally started with raw earth.  There wasn’t a rich and privileged Church.  So there wasn’t a festering resentment against the Church.  No, the early colonists escaped religious oppression and came here for religious freedom.  Which they found.  And enjoyed.

The American Revolution was more restrained.  There were no bloody reprisals after the War.  There were isolated instances of mob violence during the War, but the ‘mob’ was never in control.  The ‘gentlemen’ were always in control.  Gentlemen steeped in Judeo-Christian ethics.  From the Declaration of Independence to the Constitution, the Founding Fathers built a new nation upon the Rule of Law.  And at its heart were the God-given rights enumerated in those documents.  That no man, or minority, or majority, or mob, could take away.

GOD WAS HERE before the United States.  So we can give our heart to Jesus.  But our ass belongs to the Rule of Law.

Or something like that.  We are a secular nation with a de-emphasis on the religious part.  Yes, legal punishment may dissuade you from doing wrong.  If you think the cops can catch you.  But it’s our morality that will keep us from doing wrong in the first place.  And the people at our founding were moral.  And Christian.  Or deists with Judeo-Christian ethics.

And to those who fear antidisestablishmentarianism, don’t.  I doubt the Catholics and the Protestants could agree on what an established church would be, let alone the myriad other religions peacefully coexisting with each other.  No, more religion would not result in an established church.  It may, though, result in government leaders who fear God and, maybe, they would be better leaders for it.  It sure beats us living in fear of them.

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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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