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  • Brutus I

     |  Rethinking Union and Government

    Essay I Essay I 1 Brutus Supporters of the Constitution dubbed their opponents "Anti-Federalists." Opponents resented the label, but it stuck. The Anti-Federalist author Brutus—most likely New York lawyer Robert Yates—penned this essay, the first of sixteen, a month after the Constitution was completed. Having attended the first month of the Constitutional Convention, Yates had left, disgusted with what he perceived as a plan that would give far too much power to the central government. October 18, 1787 To the Citizens of the State of New-York: When the public is called to investigate and decide upon a question in which not only the present members of the community are deeply interested, but upon which the happiness and misery of generations ...

  • Brutus XI

     |  Three Branches of Government

    Essay XI Essay XI 1 Brutus Here Brutus criticizes the power granted by the Constitution to an independent judiciary. January 31, 1788 The nature and extent of the judicial power of the United States, proposed to be granted by this constitution, claims our particular attention. Much has been said and written upon the subject of this new system on both sides, but I have not met with any writer, who has discussed the judicial powers with any degree of accuracy. And yet it is obvious, that we can form but very imperfect ideas of the manner in which this government will work, or the effect it will have in changing the internal police and mode of distributing justice at present subsisting in the respective states, without a thorough investigation ...

  • Speech on the Oregon Bill

     |  Roots of the Slavery Crisis

    Speech on the Oregon Bill Speech on the Oregon Bill 1 John C. Calhoun Even worse than political errors such as the Northwest Ordinance, Calhoun argues here, are theoretical errors, chief of which is the equality principle of the Declaration of Independence. June 27, 1848 ...I turn now to my friends of the South, and ask: What are you prepared to do? If neither the barriers of the constitution nor the high sense of right and justice should prove sufficient to protect you, are you prepared to sink down into a state of acknowledged inferiority; to be stripped of your dignity of equals among equals, and be deprived of your equality of rights in this federal partnership of States? If so, you are woefully degenerated from your sires, and will well ...

  • What Good's a Constitution?

     |  New Deal and Great Society

    What Good's a Constitution What Good's a Constitution? 1 Winston Churchill (1874-1965) Written soon after Franklin Roosevelt's Democratic Convention Address of 1936, this article by British statesman Winston Churchill points to the wide gulf between Churchill's and Roosevelt's economic views, even if five years later they would forge a close wartime alliance. Beyond their differences on economics, Churchill sees the American Constitution as an enduring source of strength for the American republic, not an obstacle to be overcome. August 22, 1936 No one can think clearly or sensibly about this vast and burning topic without in the first instance making up his mind upon the fundamental issue. Does he value the State above the citizen, or the citizen above the State ...

  • On the Commonwealth

     |  The Apple of Gold/Frame of Silver

    On the Commonwealth On the Commonwealth 1 Marcus Tullius Cicero (c. 106-43 B.C.) Cicero was the great defender of the Roman republic and a master of oratory. The author of several books on politics, philosophy, and rhetoric, he was the first to speak of natural law as a moral or political law, and was an important influence on the Founders. C. 54-51 B.C. ...[33] True law is right reason, consonant with nature, spread through all people. It is constant and eternal; it summons to duty by its orders, it deters from crime by its prohibitions. Its orders and prohibitions to good people are never given in vain; but it does not move the wicked by these orders or prohibitions. It is wrong to pass laws obviating this law; it is not permitted to abrogate ...

  • The Inspiration of the Declaration

     |  Progressive Rejection of the Founding

    The Inspiration of the Declaration The Inspiration of the Declaration 1 Calvin Coolidge (1872-1933) President Coolidge delivered this speech on the 150th anniversary of the Declaration of Independence. Rejecting Progressivism root and branch, he defends America's founding principles. July 5, 1926 We meet to celebrate the birthday of America. The coming of a new life always excites our interest. Although we know in the case of the individual that it has been an infinite repetition reaching back beyond our vision, that only makes it the more wonderful. But how our interest and wonder increase when we behold the miracle of the birth of a new nation. It is to pay our tribute of reverence and respect to those who participated in such a mighty event ...

  • Progressive Democracy

     |  Progressive Rejection of the Founding

    Progressive Democracy Progressive Democracy 1 Herbert Croly (1869-1930) In this book, Croly, a leading Progressive theorist and founder of The New Republic magazine, criticizes the Founders' fear of tyranny of the majority and rejects their idea that government exists to protect individual rights. 1915 Chapter XII: The Advent of Direct Government ...If economic, social, political and technical conditions had remained very much as they were at the end of the eighteenth century, the purely democratic political aspirations might never have obtained the chance of expression. Some form of essentially representative government was at that time apparently the only dependable kind of liberal political organization. It was imposed by the physical ...

  • Liberalism and Social Action

     |  Progressive Rejection of the Founding

    Liberalism and Social Action Liberalism and Social Action 1 John Dewey (1859-1952) As a leading Progressive scholar from the 1880s onward, Dewey, who taught mainly at Columbia University, devoted much of his life to redefining the idea of education. His thought was influenced by German philosopher G.W.F. Hegel, and central to it was a denial of objective truth and an embrace of historicism and moral relativism. As such he was critical of the American founding. 1935 1. The History of Liberalism ...The natural beginning of the inquiry in which we are engaged is consideration of the origin and past development of liberalism. It is to this topic that the present chapter is devoted. The conclusion reached from a brief survey of history, namely ...

  • The Dividing Line

     |  Crisis of Constitutionalism

    The Dividing Line The Dividing Line between Federal and Local Authority: Popular Sovereignty in the Territories 1 Stephen Douglas In September 1857, pro-slavery forces in Kansas drafted the Lecompton Constitution. Their anti-slavery opponents declared the document invalid, as they had not participated in its creation. Adhering to the principle of popular sovereignty, Douglas rejected the Lecompton Constitution and called for Kansans to draft a new document. Northern Democrats, dismayed by the armed conflict in Kansas, supported his position; Southern Democrats looked on it as an act of betrayal. Douglas took every opportunity to explain his position in hopes of re-unifying his party. This speech was published in Harper's New Monthly Magazine. September ...

  • The American Conception of Liberty

     |  Progressive Rejection of the Founding

    The American Conception of Liberty The American Conception of Liberty 1 Frank Goodnow (1859-1939) Progressive political science was based on the assumption that society could be organized in such a way that social ills would disappear. Goodnow, president of Johns Hopkins University and the first president of the American Political Science Association, helped pioneer the idea that separating politics from administration was the key to progress. In this speech, given at Brown University, he addresses the need to move beyond the ideas of the Founders. 1916 The end of the eighteenth century was marked by the formulation and general acceptance by thinking men in Europe of a political philosophy which laid great emphasis on individual private rights ...

  • The Farmer Refuted

     |  Natural Rights/American Revolution

    The Farmer Refuted The Farmer Refuted 1 Alexander Hamilton (1755-1804) When Loyalist writings began to appear in New York newspapers in 1775, nineteen-year-old Hamilton responded with an essay defending the colonists' right of revolution. Still a student at King's College, he followed up with this second pamphlet, expanding his argument on the purpose of legitimate government. February 23, 1775 I shall, for the present, pass over to that part of your pamphlet, in which you endeavor to establish the supremacy of the British Parliament over America. After a proper eclaircissement of this point, I shall draw such inferences, as will sap the foundation of every thing you have offered. The first thing that presents itself is a wish, that "I ...

  • Federalist 1

     |  Rethinking Union and Government

    Federalist 1 Federalist 1 1 Alexander Hamilton By the time the members of the New York ratifying convention gathered in June 1788, ratification had succeeded in eight states—only one shy of the nine required. The pro-ratification Federalist Party in New York was weak, outnumbered at the convention by more than two to one. Hamilton, sensing the danger posed by attacks on the Constitution that had been published in newspapers across the state, suggested to James Madison and John Jay that the three of them write a series of essays defending and explaining the Constitution. Published under the pen name "Publius" in three New York City newspapers beginning in October 1787, The Federalist was called by Thomas Jefferson "the best commentary on the principles of ...

  • Federalist 9

     |  Rethinking Union and Government

    Federalist 9 Federalist 9 1 Alexander Hamilton If too powerful, the central government would be tyrannical. If not strong enough, the Union would not hold together. In pointing out these problems, Publius argues that a solution has been found through a "great improvement" in the "science of politics." November 21, 1787 The Union as a Safeguard Against Domestic Faction and Insurrection A firm Union will be of the utmost moment to the peace and liberty of the States as a barrier against domestic faction and insurrection. It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of ...

  • Federalist 15

     |  Rethinking Union and Government

    Federalist 15 Federalist 15 1 Alexander Hamilton Echoing earlier critiques of the Articles of Confederation, Publius disputes the notion that the national government must be weak in order for liberty to be secured. December 1, 1787 The Insufficiency of the Present Confederation to Preserve the Union In the course of the preceding papers I have endeavored, my fellow-citizens, to place before you in a clear and convincing light the importance of Union to your political safety and happiness. I have unfolded to you a complication of dangers to which you would be exposed, should you permit that sacred knot which binds the people of America together to be severed or dissolved by ambition or by avarice, by jealousy or by misrepresentation. In ...

  • Federalist 23

     |  Rethinking Union and Government

    Federalist 23 Federalist 23 1 Alexander Hamilton Publius argues that the Constitution creates a government limited in the objects it can pursue, but largely free to choose the best means to achieve those ends. December 18, 1787 The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union The necessity of a Constitution, at least equally energetic with the one proposed, to the preservation of the Union is the point at the examination of which we are now arrived. This inquiry will naturally divide itself into three branches—the objects to be provided for by a federal government, the quantity of power necessary to the accomplishment of those objects, the persons upon whom that power ought to operate ...

  • Federalist 84

     |  Rethinking Union and Government

    Federalist 84 Federalist 84 1 Alexander Hamilton Although New York had ratified the Constitution by the time this essay was published, the debate it addresses lived on. The original Constitution did not include what came to be known as the Bill of Rights. Many Anti-Federalists ended up supporting the Constitution because of the concession made in some states that the first Congress would adopt a Bill of Rights. Publius here makes no such concession, arguing that a listing of rights would be potentially dangerous. In the end, Publius lost this battle, and even James Madison, despite his earlier opposition, ended up championing the Bill of Rights. August 9, 1788 Certain General and Miscellaneous Objections to the Constitution Considered and Answered ...

  • Federalist 73

     |  Three Branches of Government

    Federalist 73 Federalist 73 1 Alexander Hamilton Although all legislation originates in Congress, the executive plays an integral role through the veto power. March 21, 1788 The Provision for the Support of the Executive, and the Veto Power The third ingredient towards constituting the vigor of the executive authority is an adequate provision for its support. It is evident that without proper attention to this article, the separation of the executive from the legislative department would be merely nominal and nugatory. The legislature, with a discretionary power over the salary and emoluments of the Chief Magistrate, could render him as obsequious to their will as they might think proper to make him. They might, in most cases, either reduce ...

  • Federalist 78

     |  Three Branches of Government

    Federalist 78 Federalist 78 1 Alexander Hamilton Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution. June 14, 1788 The Judiciary Department We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which ...

  • Letter to Henry Lee

     |  The Apple of Gold/Frame of Silver

    Letter to Henry Lee Letter to Henry Lee 1 Thomas Jefferson (1743-1826) In his later years, Jefferson answered hundreds of letters, including, in this instance, a query about the Declaration of Independence, explaining that it drew upon a long political and philosophical tradition and reflected principles widely understood by Americans of the founding era. May 8, 1825 Dear Sir: ...That George Mason was the author of the bill of rights, and of the constitution founded on it, the evidence of the day established fully in my mind. Of the paper you mention, purporting to be instructions to the Virginia delegation in Congress, I have no recollection. If it were anything more than a project of some private hand, that is to say, had any such instructions ...

  • A Summary View of the Rights of British America

     |  Natural Rights/American Revolution

    A Summary View of the Rights of British America A Summary View of the Rights of British America 1 Thomas Jefferson Jefferson began his public career in 1769 in the Virginia House of Burgesses, the colonial legislature. British implementation of the Coercive Acts of 1774 (also known as the Intolerable Acts)—passed in response to the Boston Tea Party—prompted the "Summary View," Jefferson's first publication. Written for Virginians who were choosing delegates to the First Continental Congress, it laid the groundwork for later appeals by a "free people, claiming their rights as derived from the laws of nature." July 1774 Resolved, that it be an instruction to the said deputies when assembled in General Congress with the deputies from the other ...
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