Monday, February 8, 2010

The Federalist and Federalism

In response to Chris's question (see earlier post), see Hamilton's speech of June 18, 1787. Also see drafts of the Constitution. Contrast the US Constitution with the Confederate Constitution.

Ron Chernow's biography undercuts the notion that Alexander Hamilton was a well-born defender of privilege. Here is a passage summing up what the born-out-of-wedlock Hamilton and his brother faced in their youth:
Let us pause briefly to tally the grim catalog of disasters that had befallen these two boys between 1765 and 1769: their father had vanished, their mother had died, their cousin and supposed protector had committed bloody suicide, and their aunt, uncle, and grandmother had all died. James, 16, and Alexander, 14, were now left alone, largely friendless and penniless. At every step in their rootless, topsy-turvy existence, they had been surrounded by failed, broken, embittered people. Their short lives had been shadowed by a stupefying sequence of bankruptcies, marital separations, deaths, scandals, and disinheritance. Such repeated shocks must have
stripped Alexander Hamilton of any sense that life was fair, that he existed in a benign universe, or that he could ever count on help from anyone. That this abominable childhood produced such a strong, productive, self-reliant human being -- that this fatherless adolescent could have ended up a founding father of a country he had not yet even seen -- seems little short of miraculous.
Concerns for deliberative democracy:

  • Federalist 1: "[O]f those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants."

Concerns of war, peace, and security
  • Federalist 5: "The history of Great Britain is the one with which we are in general the best acquainted, and it gives us many useful lessons. We may profit by their experience without paying the price which it cost them. Although it seems obvious to common sense that the people of such an island should be but one nation, yet we find that they were for ages divided into three, and that those three were almost constantly embroiled in quarrels and wars with one another."
  • Federalist 6: "The genius of republics (say they) is pacific; the spirit of commerce has a tendency to soften the manners of men, and to extinguish those inflammable humors which have so often kindled into wars. Commercial republics, like ours, will never be disposed to waste themselves in ruinous contentions with each other. They will be governed by mutual interest, and will cultivate a spirit of mutual amity and concord."
  • Federalist 7: "IT IS sometimes asked, with an air of seeming triumph, what inducements could the States have, if disunited, to make war upon each other?"
  • Federalist 8; "To be more safe, they at length become willing to run the risk of being less free."
Controlling power
Federalism
  • Federalist 9: The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.
  • Federalist 39: The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally, in the authoritative mode of introducing amendments, it is neither wholly federal nor wholly national.
  • Federalist 45: "The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security."
  • Federalist 46: It has appeared also, that the prepossessions of the people, on whom both will depend, will be more on the side of the State governments, than of the federal government. So far as the disposition of each towards the other may be influenced by these causes, the State governments must clearly have the advantage. But in a distinct and very important point of view, the advantage will lie on the same side. The prepossessions, which the members themselves will carry into the federal government, will generally be favorable to the States; whilst it will rarely happen, that the members of the State governments will carry into the public councils a bias in favor of the general government. A local spirit will infallibly prevail much more in the members of Congress, than a national spirit will prevail in the legislatures of the particular States.



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