Cody Woods is a Sophomore at Morehouse College majoring in Business Administration with a concentration in Management from Atlanta, GA. Cody shared his story with us. In my life, there have been three teachers that have taught me so much, and those teachers are Adversity, Pain, and Failure. When I was young I was ridiculed and misunderstood because I was different, but according to worldly standards I was well off because my family was doing well. Until the economic recession in 2008, and I was stripped of what I thought of as my normal. I lost my home, all of my possessions, and my family as I knew it, and we had to do whatever it took to survive. Eventually, I hit bedrock and at my bedrock is where I found God, and he found me in the scrap yard of disparity, and Changed my life and my perception. My teachers turned from Adversity, Pain, and Failure to Perseverance, Grace, and Favor. Know I am operating in my purpose and my gift of Glorifying him, and changing the world through my mind and heart for entrepreneurship, which has now brought me to Morehouse College. During my matriculation I have been Blessed to go to China to get an international perspective on life, become one the heads of a student organization as a freshman, which has taught me leadership skills, and intern at a notable record label that has allowed me to reinvent my mind for entrepreneurship, and Love for my fellow man. Where I am at now is far from the beginning because I know through my works and Faith I will be able to go places and help people beyond own dreams and understanding. The sky is not the limit, it is just the beginning.

Read Winning Work Here.

Destiny Dukes, 18, was born in Wheeling, West Virginia, but raised in Norfolk, Virginia. Destiny is currently a freshman at Tidewater Community College. She has always had a fascination in United States history and stays current with the politics of her country. She is the second oldest of five and has a total of eight animals at home, four cats and four dogs. In the Fall of 2017 she plans on attending her second year at TCC hoping to get her associates degree in Science. Her mom is her inspiration and her dad is her hero. Both of them fully support her in her aspiration of having a career in law enforcement as a lab technician.

Download Winning Work Here.

For over 45 years, Octavia Taylor inspired her students in the Camden High School classroom to achieve their personal best in their lives, as well as in volleyball, tennis, drill/dance team and gymnastics. She was a role model that many students followed into their own teaching professions. Her popularity is evident when she is greeted frequently by former students with hugs and squeals! She was born and raised in Arkansas, graduated from University of Central Arkansas in Conway when it was Arkansas State Teachers College, and as a young mother, began teaching. With five grown children and nine grandchildren, she continues to lead and teach in the community – even at the age of 90! Octavia chairs the DAR Constitution Week celebration in Ouachita County, and personally participates in the “Bells Across America” bell ringing at her St. John’s Episcopal Church. She yearly writes letters in the newspaper promoting the Constitution, and gets Proclamations declared by the Mayor and the County Judge. She serves on the Oakland Cemetery Preservation Committee of the Ouachita County Historical Society, and is a character twice a year in the Cemetery Walks. She is often photographed in her elaborate costumes, made by one of her daughters. School children are treated to her stories of “tales past” during the Camden Daffodil Festival, as well as when on school tours to the McCollum Chidester House, where she is a docent. When Octavia is not teaching history, she is involved in Garden Club projects, promoting Music Club opportunities and, during the summer months, teaching water aerobics in the city pool. She has served as state DAR Conservation Chair and is a Master Gardener, reflecting her interest to promote butterfly and bird friendly yards in her own landscaping. She has been involved in planting thousands of daffodil bulbs all over town.

Octavia is considered “ageless” to her many friends, and enjoys intergenerational friendships far and wide. To keep up with Octavia, one has to put on running shoes and be willing to get involved in a project. She puts her words into actions and motivates others to do the same.

Read Essay Here.

Bob has been an equine veterinarian for 42 years. He attended Louisiana State University and Oklahoma State University. He is a race track veterinarian, and spent the majority of his career at paramutual race tracks in Louisiana and California. He has been semi-retired since 1999, and lives in Estes Park, Colorado with his wife, Linda. They have three children and two grandchildren. Bob became acquainted with Constituting America seven years ago when his granddaughter won Best Poem in the inaugural year of the program, and has been an avid fan ever since!

Read Essay Here.

I was born and raised in the San Francisco Bay area, but have lived in Texas for over 30 years. I’ve been married for almost 35 years, we have two grown children and two grandchildren. After homeschooling my daughter, I started working at our neighborhood elementary school as a 4th Grade Aide, then a para-librarian. I’ve worked as a para-librarian at Sue Crouch Intermediate School in Crowley ISD, since 2012. It’s a two-year campus for 5th and 6th grade, so every other year I teach Our Nation’s Foundations to supplement Social Studies curriculum. I’m also known in local circles as the Tap-Dancing Librarian for hosting an after school Tap Club.

Read Lesson Plan Here.

I am from Monarch Beach, California and currently a world history teacher at Serrano Intermediate School in Lake Forest, California. The students in my classes are fascinating people and I am confident in their abilities to learn, grow, and make valuable contributions to our society. That is why I collaborate with other teachers to do cross-curricular activities, share stories about my travels, my entrepreneurship in the food business, and take interest in what students have to say about history and its lessons. Fundamentally, I promote student ownership for learning. Treasuring our Constitution, practicing what we preach, and knowing our place in history is our guiding light. Students in my classes do brilliant things, have excellent curiosities, and learn so much. We go on fun adventures, perform engaging puppet shows, do hard work, visit museums, and celebrate remarkable accomplishments throughout history at our World’s Faire. Certainly, my hope is students come away knowing life loves a student.

Read Lesson Plan Here.

Marin Mckinney, 10, lives in Ballwin, Missouri. She is homeschooled and is in the fourth grade. Her favorite subject in school is reading, and she also enjoys history and math. Her favorite historical time period is the American Revolution. Marin has taken art classes every week for the last three+ years and loves it! She is passionate about art and design and hopes to someday become a professional artist. In her free time, Marin likes to create projects in her “Creation Station” and loves to play soccer. She also manages to squeeze in time to play with her two younger brothers of whom she adores! She’s thrilled to have won this award and looks forward to sharing with others the importance of the Constitution.

View Artwork Here.

With this poetry category, Becca creatively had fun while using the French political philosopher’s name (Montesquieu) in an acrostic to enlighten the reader of our nation’s ‘Checks and Balances’ system. Becca, 12, is currently a 6th grader at London ISD and lives with her parents, younger sister and two brothers in the sparkling city of Corpus Christi, Texas. While striving for good grades, her favorite subjects are Reading and Writing. Hobbies include listening to music and any activities that involve creative designing. In a leadership capacity last year, Rebecca received the school’s Academic Excellence (or Marlin) Award with her essay entitled “The Importance of Family.” With more time and focus, Becca hopes to gain greater understanding and appreciation for our beloved Constitution and how it connects with our everyday life.

Read Poem Here.

Faith Liu, 22, grew up in Morganville, New Jersey, spending most of her high school years writing and producing short films within a small company of friends. She received her B.A. in English and Music from Hillsdale College, where she designed and directed two student productions – Mozart’s The Magic Flute and Shakespeare’s Macbeth – and spent a summer at Oxford University as part of their study abroad program. She is currently pursuing an M.F.A. in Screenwriting at the University of Southern California.

Since 2004, Matt Fitzgibbons has been writing non-partisan music that celebrates America’s founding principles. His goal is to inspire people to think, learn and talk about individual liberty.

Fitzgibbons has released four albums which have received many honors including two ASCAPlus awards, a song featured in a documentary on the Right to Bear Arms, a second place award in an Irish songwriting contest, and an Honorable mention in the 2016 SongDoor International Songwriting Competition, among others. With his music, videos, writing and hundreds of interviews across the country and abroad, Fitzgibbons has reached millions of people with his positive message. For more information, music, videos, show dates and booking, Matt Fitzgibbons’ website is PatriotMusic.com

Lucas Elliott is a second grader from Wake Forest, North Carolina. His favorite subjects in school are math and reading. Since he is the youngest of four children, he is well versed in making sure his thoughts and ideas are not ever lost in the shuffle. He loves to entertain and is excited about all forms of media. He hopes to have a forum to share his vision with the world in the future. He also loves to play basketball, and tinker around the house with his tool set. He had many questions during this past election season and enjoyed writing his poem as he was learning about how our government was designed.

Read Poem Here.

Lirit Kaye, 10, lives in Phoenix, Arizona. She attends Benchmark Elementary School and is in the fourth grade. Her favorite subjects are math and art. Drawing always has been Lirit’s passion. She has taken art classes at the Carrie Curran Art Studios in Scottsdale and from Mrs. Blanco in the Benchmark after school program. Lirit has earned a Blue Belt in Karate and likes to sing and dance. She enjoys constructing Lego sets and playing golf with her older brother. Lirit is truly honored to have won this award.

Halley is a native Coloradan, and is an 8th grade home schooled student. She has studied piano, music theory and plays the ukulele. Halley keeps busy with her nine chickens, two Schnauzers and three horses. She enjoys riding the trails, participating in the rodeo and is a committed hunter/jumper equestrian athlete. Halley loves history and is a past Best Elementary Poem winner.

I am homeschooled and I live in Sanford, Florida. I love to sing and write songs, Other things that I enjoy are drawing, swimming, filming, and dancing. I play the ukulele and piano. I love animals and have two dogs and a turtle. I like to hangout with my friends and we usually make songs and stories together! I would like to be a voice over actress, writer, or a singer songwriter someday!

Quinten, 15, Best Middle School Entrepreneurial Winner, lives in Suwanee, GA and is currently a freshman in high school. He plays basketball and enjoys drawing and listening to music. Quinten’s favorite subjects are Social Studies and Science. Quinten recently traveled to Vermont and New Jersey to see extended family and looks to travel more in the future. Quinten is a talented artist, who enjoys developing his craft.

View Winning Work Here.

Victoria Gruen, 13, lives in California. Her favorite subject in school is early American history. Pounding her soul out on the piano is one of her favorite things to do. She likes needlework, and is currently sewing time-period clothing. Among her favorite authors are Austen and Alcott; her favorite books are Pride and Prejudice and Little Women. When Victoria grows up, she wants a career in politics. As a firm believer in freedom and the Constitution, she wants to defend the principles that our Founding Fathers held – among which are life, liberty, and the pursuit of happiness.

View Winning Work Here.

Andrew Cooksey, 12, enjoys rafting, target shooting, road trips, skiing, basketball, politics, camping, and other outdoor activities. He lives near Portland, Oregon. He is homeschooled, plays in an orchestra, and his favorite subject is Greek. He also enjoys history and math. He likes to try out new Mexican restaurants with his brothers.

Claire Ledford, 12 is the winner of the Middle School Essay Contest. She is a homeschooler from Sanford, North Carolina. She enjoys reading, writing and watching movies. Some of her favorite books are A Girl of the Limberlost, the Serafina series and Cracker. She also loves to travel and is working on a travel challenge to visit 15 countries, all 50 states, all 100 counties in her state by 2020. She is about half way there. Previously, she lobbied for a homeschool bill that was passed and she was able to attend the bill signing with the Governor. She is part of NC Junior Historian through her History Hounds Club and has won numerous statewide contests. She is very excited about winning this contest and teaching others about the Constitution.

Read Essay Here.

Greg Volynsky, 17, the best entrepreneurship winner, is a native of New Jersey and a student at the Bergen County Academies. Throughout his high school career, Greg has continually explored various fields; engineering research became an entrepreneurial experience, passionate discussions turned into formal debate. Greg is an active method of the Junior Statesmen of America and coaches debate at the Bergen County Debate Club. For Greg, discussions are both intellectually stimulating and plain interesting; but they are not enough. Recently, Greg began to volunteer on a local city-wide campaign, where he works directly with the candidate to draft policy proposals. Furthermore, Greg realized that most media coverage is political commentary, not actual policy analysis; so Greg launched a website – Politiscope News (PolitiscopeNews.com), which aggregates policy-related articles and analysis. Greg hopes to continue to turn conversations into actions wherever he goes and to apply the entrepreneurial approach to government, for it is by thinking creatively and pursuing policy beyond the constraints of politics that we can harness innovative solutions to help real people.

View Winning Work Here.

My name is Cameron Alexander Graves. I was born on Oct 30, 1998 in Portsmouth, Virginia and moved to Alexandria, VA in 2007. I am currently a senior at T.C. Williams High School and plan on going to college to get my masters’s in Business. Ever since the age of 14, I’ve been a huge fan of Hip-Hop music. So much of a fan, I took up the art form myself and began writing raps and poems. Over the years, I’ve developed my own distinct style, and have received local recognition because of it. This positive feedback has only deepened my passion for the art, which is why one of my top goals is to become one of the best lyricists to ever live.

Ben Phibbs is a 17-year old homeschool junior from North Carolina who plans to attend Patrick Henry College in preparation for a career in constitutional law. Inspired by his parents to revere the treasured tradition of American Republicanism, Ben has, from a young age, admired the rich history of the Founding and laudable structure of the Constitution. For enrichment and service, Ben participates in debate and moot court, tutors at a local Christian school, and leads his church youth band.

Read Essay Here.

As a senior at Western High School in Ft. Lauderdale, Florida, Isabella Cring, 17, is already a veteran in vocal performance and local theater. With musicals, open mic nights, coffee houses, civic organizations and even a lead singer at the Renaissance, where she performs weekly in her father’s church, she has scattered the seeds of her talent and has begun to harvest a great crop of appreciation. About a year ago Isabella added song-writing to her pursuits, using both the piano and the ukulele. Isabella also leads the South Florida Cappies (Junior Theater Critic) and is a food bank and mentoring volunteer.

 

 

 

Jack Duffy is a freshman at Newman Catholic High School in Wausau, Wisconsin. At the age eleven he discovered filmmaking and it has been his passion ever since. Jack loves to free ski, run track, and play soccer, but he spends most of his time watching movies, script writing, shooting, editing, and working to earn money to buy more film equipment. After high school graduation he plans to go to college and study film. In the meantime, Jack continues to make films starring his friends, neighbors and his seven brothers and sisters.

Grace Floring, 19, is the 2017 Best College STEM winner and 2016 Best High School PSA winner. She grew up in Delaware, Ohio and is currently an undergraduate student at Case Western Reserve University studying Aerospace and Mechanical Engineering. Grace has always been interested in science and math, and someday hopes to inspire young women to pursue their interests in STEM. She is excited to continue being involved in her community as her college career continues.

 

Grace’s Winning STEM PROJECT

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Kira Mathiesen is 18 and currently in Boston, Massachusetts studying Biochemistry on a Pre-Med track. She is originally from Santa Cruz California, where she was first inspired to get active politically in her community, and now participates in many marches and peaceful protests on the east coast. She is working hard to make sure her and every person’s voices are heard while also studying hard to get her degree in 2020.

Read Essay Here.

In defending the establishment of the United States Supreme Court, Alexander Hamilton maintained that the absence of an independent judicial power had handicapped the government established by the Articles of Confederation. The way the Articles government had been structured made the rule of law–even the modest legislation enacted by Congress–more or less impossible.

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Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012): Protecting Religious Liberty in American Schools

In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012), the federal government tried to force a church, against its will, to hire a minister to teach in the church’s school. The US Supreme Court held that the federal government could not force the church to do so. Churches are free to shape their faith and mission under the Free Exercise clause by selecting their own ministers and religious teachers. The Establishment Clause prohibits any government involvement in their selection.

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The First Amendment to the U.S. Constitution provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” The Supreme Court has interpreted this prohibition to mean that state action that imposes restriction on the free exercise of religion is permitted only when there is a “compelling state interest in the regulation of a subject within the State’s constitutional power to regulate…” and even then, only “to prevent grave and immediate danger…”

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Janine Turner is a native Texan raised by her father, Turner Maurice Gauntt, Jr., from Athens, Texas and her mother, Janice Gauntt, from San Antonio, Texas. At the age of fifteen, Janine journeyed to New York City to become the youngest model at the Wilhelmina Modeling Agency. At age seventeen, Janine was in Hollywood launching her acting career. After acclaimed success, Janine returned to Texas in 1995 to raise her beloved daughter, Juliette, on their Longhorn cattle ranch in North Texas.

Janine is an entrepreneur at heart. Besides being a single mother, she is an actress, author, speaker, singer, director, yoga enthusiast, rancher, foundation chair, columnist and political activist.

As an actress, Janine is best known for her Emmy & Golden Globe nominated role as Maggie O’Connell, the feisty bush pilot in the hit TV series, Northern Exposure, during which she was named one of People Magazine’s “50 Most Beautiful” and one of Esquire Magazine’s “Women We Love.” Other notable feature film credits include: Cliffhanger, Leave it to Beaver – as June Cleaver, Dr. T & the Women, Steel Magnolias, and the popular TV series – Friday Night Lights. Janine has recently completed three new film roles in Solace, opposite Anthony Hopkins, Occupy Texas, & Ivy League Farmer.

As a director, Janine has won multiple awards for her directorial short film debut, Trip in a Summer Dress and now is launching her first full length feature film as screenwriter, director and star in the upcoming, Memoirs of a Beautiful Boy. Amongst producing and starring in a Christian Yoga DVD, Christoga, and writing and singing songs with her daughter, Juliette, for their debut album Mockingbird Hill, Janine has authored two published books, the Washington Post Bestseller, Holding Her Head High about historical, heroic single mothers and the recently released A Little Bit Vulnerable – on Hollywood, God, Sobriety and Politics.

On fire to protect America’s Republic, Janine launched an award winning radio show, The Janine Turner Show, a foundation, Constituting America, and authored 85 essays on the Federalist. Her opinion editorials are published at the Washington Times, the Washington Examiner, Foxnews.com – and as a column at PJ Media. Appearing on The O’Reilly Factor every Friday for a year as a political pundit, Janine continues to be a frequent guest on Fox News.

Inspired by her appointment to President Bush’s Council for Service and Civic Participation, Janine created her foundation, Constituting America, which she co-chairs with Cathy Gillespie. Her mission is to educate America’s youth and citizens about the importance of the nonpartisan United States Constitution. She utilizes her Hollywood experience to encourage kids to write and direct short films, public service announcements and hit songs about how the founding document protects liberty.

Janine, inspired by her father, a graduate of the United States Military Academy at West Point, speaks across the country to school kids and adults about preserving America’s principles and the United States Constitution, including a prime time speech at the Republican National Convention in 2012.

Janine continues to inspire audiences across the country not only with her artistic talents but with her speaking talents – on tours with such issues as single motherhood, civic duty, Constitutional politics, sobriety, health, her Christian Faith and on overcoming rejection – surviving her Hollywood 10,000 no’s.

Cathy Gillespie has held numerous positions in government and politics over the past 30 years. She has served as a congressional chief of staff (Congressman Joe Barton), campaign manager, fundraiser and grassroots organizer. Women’s outreach has been a special interest of Cathy’s and in 2004 she served as Director of President Bush’s W Stands for Women effort and in 2008 helped Actress Janine Turner promote her Washington Post bestselling book, Holding Her Head High: 12 Single Women Who Championed Their Children and Changed History.

Cathy serves as co-chair of Constituting America with Actress Janine Turner (Northern Exposure, Friday Night Lights, Cliffhanger) – and has served in this capacity since Constituting America’s founding in 2010 by Actress Janine Turner. Constituting America’s mission is to utilize the culture and multi-media outreach such as music, film, internet and social media, to educate, engage and inspire America’s adults and students about the importance of the U.S. Constitution and the foundation it sets forth regarding our freedoms and rights.

Constituting America is the only organization that utilizes the movies, music and television with the kids’ own works, to inspire Americans of all ages to learn about the U.S. Constitution by distributing their works through the national media.

Cathy is active in a number of political and charitable organizations, having served until recently on the Board of Visitors of Virginia State University, and currently on the board of Good Shepherd Housing and Family Services in Alexandria, Virginia and the Joe Barton Family Foundation based in Ennis, Texas.

She has volunteered and raised funds for the Barbara Bush Literacy Foundation, Independent Women’s Forum, Foundation to Eradicate Duchenne Muscular Dystrophy, Histiocytosis Association of America, and the Susan B. Anthony List. She has served as a Commissioner on the President’s Commission on White House Fellows, and as a board member of Bishop Ireton High School.

After 25 years on Capitol Hill and in politics, Cathy has come to believe that in addition to participating in the political process, we all must work to educate our children and re-educate ourselves about the principles embodied in the United States Constitution, and upon which our country was founded. Cathy believes we all must engage in “culture making,” in order to preserve and protect these values.

Cathy is a graduate of Texas A&M University. She lives in Fairfax County near George Washington’s Mount Vernon. Cathy is married to Ed Gillespie, former Republican National Committee Chairman and Counselor to President George W. Bush. Ed and Cathy have three children: John, Carrie & Mollie.

Geyer lives in Texas and oversees a herd of Wagyu cattle at The WD Ranch. She is also Athletic Director and coach for the Stafford Cobras, a youth football program.

Geyer was raised in Brownwood, Texas and attended Tulane University, majoring in History; where she met her husband, Erik, who is from Norway. They have four children.

She also has a degree in Political Management from The George Washington University and has worked on campaigns across the U.S.

Jay McConville is a military veteran, management professional, and active civic volunteer currently pursuing a Ph.D. in Public Policy and Administration at the L. Douglas Wilder School of Government and Public Affairs, Virginia Commonwealth University. Prior to beginning his doctoral studies, he held multiple key technology and management positions within the Aerospace and Defense industry, including twice as President and CEO. He served in the U.S. Army as an Intelligence Officer, and has also been active in civic and industry volunteer associations, including running for elected office, serving as a political party chairman, and serving multiple terms as President of both his industry association’s Washington DC Chapter and his local youth sports association. Today he serves on the Operating Board of Directors of Constituting America. He holds a Bachelor of Arts in Government from George Mason University, and a Master of Science in Strategic Intelligence from the Defense Intelligence College. Jay lives in Richmond with his wife Susan Ulsamer McConville. They have three children and three grandchildren, and are expecting a fourth in September.

Fred Thompson joined Thompson Hospitality in November 1992.

As CAO he is responsible for monitoring and maintaining corporate overhead costs and services, including vendor contracts, subcontracts, commissions and procurement contract negotiations. Fred is also responsible for client relations in the contract food service sector of Thompson Hospitality.

Fred Thompson has nearly 20 years experience in purchasing and procurement, having served as small and minority business opportunities coordinator for the city of Newport News, Virginia. He earned a BA in Classical Studies from Hampden-Sydney College and a Master’s Degree in Public Administration from the University of Virginia.

Dwayne Horner’s love of country and love of our U.S. Constitution drew him to become a part of Constituting America and its goal of educating America on the greatest gift given to us: the U.S. Constitution.

Dwayne has been involved in all aspects of civic engagement from serving as a senior advisor to Governor Rick Perry‘s reelection campaigns, and congressman Roger Williams election to the U.S. House of Representatives in 2012, to volunteering on multiple political campaigns for candidates who are constitutional conservatives and pro life candidates, to acting as both promotions director and a fill-in host for Christian talk radio in Dallas Fort Worth, and advocating for our veterans who have served our country.

In addition to serving on the Leadership Board for Constituting America, Dwayne serves on the board of the Crockett retreat center to assist veterans and first responders by providing an opportunity to train with licensed horse therapists at a Texas ranch setting.

His public relations and event promotion resume has assisted many organizations including Constituting America.

Dwayne is the son of Charles & Marlene Horner – his father served America in Korea and Vietnam in the U. S. Navy

Cindy Sue Clark is a proven businesswoman and grassroots political activist who is deeply involved in private and political leadership at the state and national level.

As a successful businesswoman, Cindy Sue had served as an executive with Triple Five Corporation, and continues to provide business strategy counsel for them. Some of the projects of Triple Five Corporation are Mall of America, West Edmonton Mall and other mega properties. She had owned numerous business including Avru International Trading Inc. and Clean Sweep which she started up and eventually sold before working for Triple Five. She currently owns A. Clark Roofing company with her husband.

Cindy Sue has done various fund raising events for political and non political causes. Some include private events for His Holiness the 14th Dalai Lama, ChilpHelp, La a’ Kea Foundation, Autism Bridges to name a few. She was given the title of Pioneer fundraiser for the Bush/Cheney campaign with members nationally totaling 250 people only. She has actively campaigned for Governor Linda Lingle, Mayor Alan Arakawa and former Speaker of the House of Representatives Newt Gingrich. Cindy Sue had served as Speaker Gingrich’s Campaign Chairwoman for his presidential campaign where she served as a Gingrich media surrogate during the campaign.

Locally she served a leader in the community and as the Maui County GOP Chairwoman, the Vice President of the Maui Tea Party and has been a Delegate and Alternate Delegate to the 2004, 2012 and the upcoming 2016 National GOP Conventions.

Giving back to the community is a large part of Cindy’s life. She served on the La a’ Kea Foundation for Mentally Disabled Children, a Founder of Autism Bridges Maui, board member of Childhelp, Maggie’s List and previously served on the commission for Disabled of Maui.

Her fondest memories include meeting Newt and Callista Gingrich at a Whitehouse party and becoming lifetime friends, shooting with former Vice President Cheney in Georgia and fund raising for charities with Steven Tyler of Areosmith, guitarist prodigy Johnny Lang, and Mick Fleetwood of Fleetwood Mac to name a few. A special shoutout to Lee Greenwood and his beautiful wife, Kim. She treasures the times they spent together and considers them true American patriots. God Bless the USA!

COMING SOON

Chuck Clowdis is the Managing Director for Transportation for HIS Economics and Country Risk. Mr. Clowdis is a frequent speaker for industry and civic groups on the current happenings in transportation and logistics.

Mr. Clowdis leads IHS consulting projects tailored for both private and public sector clients, such as Federal and State Departments of Transportation, municipal planning organizations and transport service providers, including river barge operators, railroads, air cargo operators, motor carriers, steamship lines and dray operators, as well as providers of third-party logistics (3PL) services. He has assisted transport providers in refining their markets, streamlining their operations and focusing and pricing their service to offer optimum price versus service levels. He often works with transport planners and planning firms on freight flow plans, as well as airport master planning for enhanced cargo operations.

Mr. Clowdis has assisted both Fortune 500 and smaller companies in designing their supply chain operations to achieve maximum service via the most cost-efficient means. In addition to being experts in the various modes of transport, the team Mr. Clowdis leads provides consultation on commodity flows and commodity transport throughout North America.

Prior to joining IHS, Clowdis served as a senior vice president of marketing and national account sales at TNT North America and senior vice president of marketing at Transcon Lines, Inc. He also has held other executive positions with major transportation organizations. He was an executive consultant for the national transportation practice of Ernst & Young LLP from 1983 until 2000. Mr. Clowdis formerly served as chairman and president of the American Trucking Associations’ Sales & Marketing Council, for whom he authored the best-selling book, “The ART of Giving Quality Motor Carrier Service,” and also wrote, “The Driver Makes a Difference.” He has contributed to several other books and authored white papers and trade magazine articles on transportation, supply chain activities and logistics. Mr. Clowdis holds degrees from Young Harris College, Young Harris, Ga., U.S., and University of Georgia, Athens, Ga., U.S.

Kristie McCrary is an attractive, articulate, seasoned executive with 21 years experience in making things happen where others were not able to. She is one of those unusual people who not only arranges for others to appear on TV but has been personally featured in bumper segments herself.
http://www.cbn.com/tv/1412974990001

Kristie is trusted and respected by the top people in the TV industry reporting directly to Pat Robertson, CBN Chairman where she was recognized with the 2009 Presidents Award for Excellence for outstanding performance demonstrating, innovation, integrity and excellence. As Special Events Coordinator for the Christian Broadcasting Network, Kristie was responsible for the Development of dozens of programs, guest lists and ideas for the 700 club and the creation and development of new fundraiser ideas and events Resulting in an increase of 83% in giving.

Kristie manages people and is known as the “Idea Jedi” filled with new ideas. She developed and led the implementation of a live 2008 Webcast event featuring Dr. Pat Robertson, Gordon Robertson and Terry Meeuwsen of the 700 Club. She also had the coveted responsibility of kicking off the 2009 SuperBook Premier night. http://www.cbn.com/tv/1412974990001

Kristie has the innate ability to open doors, cultivate new partnerships and sustain & re-establish relationships with part partners, film pr
oducers and PR relationships, which she did with I am Second www.iamsecond.com and 3Partners. She negotiated deals with the top executives of firms such as: FOX News, ABC,O Magazine, NBC Today Show,
Socrates in the City-Eric Metaxas, the Q and others. She was also responsible for the planning and implementation of the 911 Ten Year Anniversary Dinner and program for 330 guests. Recruiting and hosting featured 9/11 Survivors and speakers: Lt. Col. Brian Birdwell-Pentagon Survivor and Sujo John – North Trade Tower survivor. Both films are at iamsecond.com. She was entrusted with setting up high-profile back to back events in Manhattan with Pastors of large Churches and media affiliates.

“Kristie is the most organized person I think I have ever met. She could organize a bowl of spaghetti and get it all straightened out. She is amazing.”
Governor Mike Huckabee

Kristie has a passion for people and understands the dynamics of relationships. She has been called the “Hope Whisperer” for her ability to put the spin on anything. Some of the outstanding celebrities and sports figures she was able to bring on were:

Clayton Kershaw:
LA Dodgers Ace Pitcher, Gold Glove Winner & MLB All Star

Kathy Ireland:
Supermodel Worldwide

Matt Kemp:
LA Dodgers, Center Fielder, two time Gold Glove Winner

Brady James:
Dallas Cowboys & Houston Texans

She holds a B.S. in Telecommunications from Oral Roberts University
where she was on the National Deans List and Presidents Council, served in the Student Senate and was voted Student Body Vice President for 2 ½ years. Additionally she has taken steps to keep abreast & ahead of the curve with courses such as: Executive Coachingby Elaine Morris and Ultimate Leadership by Dr. John Townsend.

Linda Moak is a former dental hygienist and homeschooling grandmother. She has been involved with Constituting America since its inception. Linda is the founder of one of Constituting America’s first Patriot Clubs, and her grand daughter, Halley Moak, was the first winner of Constituting America’s We The Future poetry contest in 2010. Linda’s mother was Constituting America’s first Senior Essay winner in 2013. Linda lives in Colorado. She enjoys horses and reading…especially history. Linda loves to travel, snow ski, hike and occasionally golf.

I’m originally from West Memphis, Arkansas, but Corsicana, Texas is my home. I have a Bachelor of Science degree in Accounting from University of Arkansas, and I am a Certified Public Accountant. I have 5 children and a wonderful husband Bob.

Our family business is Collin Street Bakery. And we have M Crowd restaurant group with Mi Cocina, Taco Diner, and Mercury restaurants.

I stay busy with family and my cattle and quite a bit of traveling.

Pam Pryor is the president and owner of Pryor Works – a public affairs firm that focusses on communication, strategy, marketing and training. With both political and corporate clients, she teaches organizational skills and team building such as StrengthsFinders, for which she is Gallup-certified.

She taught speech communication on the university level and was a television news anchor and reporter. After having her own radio talk show in Oklahoma City, she moved to Washington, DC where she served as Representative J.C. Watts’ chief of staff in his leadership office of the U.S. House. Named as one of the hundred most powerful women in Washington, Pam has held a number of appointments.

After Watts’ retirement, she spent time in the faith and community-based public affairs world and built capacity for several organizations through We Care America. She also helped launch an organization preserving religious freedom.

She served as the RNC liaison for the McCain campaign and later launched Sarah Palin’s political action committee.

She has worked coalitions and collaborations in the issue campaign space from health care to spending to energy. During the 2012 election cycle, she ran the largest non-candidate, non-party grassroots field team made up of more than 9 coalition groups in 16 states. At that time, she also helped to stand up the training organization that taught all of the field directors. She has worked for Freedom Partners and Philanthropy Roundtable.

Being a daughter of first generation Italian-Americans, she loves to cook and entertain and talk about people’s strengths every chance she gets.

Mr. Roper graduated in 1982 from the University of Missouri in Rolla with a Bachelor of Science degree in Petroleum Engineering.

Mr. Roper has 31 years of experience in the natural gas and oil and gas production business. After 7 years in various engineering and business positions with Tenneco Oil Company and various affiliates of Tennessee Pipeline, Mr. Roper joined Aquila Energy in 1989 in Transportation and Marketing. In 1990, he became Vice President of Marketing as part of the acquisition of Clajon Gas Company – a large gatherer of Austin Chalk gas. In 1993, this operation completed a successful IPO and Mr. Roper was Managing Vice President.

Mr. Roper joined Sid Richardson Carbon & Energy Co. in 1998 as Sr. Vice President managing the growth, development and operation of Sid Richardson Energy Services (SRES). In March 2006, Mr. Roper joined Southern Union Energy Services as Sr. Vice President upon Southern’s acquisition of SRES. In January 2007, Mr. Roper was appointed President of Southern Union Gas Services, retiring from this position in June 2007.

Mr. Roper is President of BOPCO, L.P. and has held this position since July 2007.

Phil Rosenthal graduated from WVU in 1964 with a business management degree. He has been the President of Nationwide Credit Corporation, a third party debt collection agency, since 1970. Under Phil’s guidance, the company continues to grow and prosper.

The collection industry’s trade association, American Collectors Association International (ACA) elected Phil as an officer in 1996 and Phil because its president in 2000. Phil was awarded a number of ACA honors for his diligent work, knowledge and service to the collection industry.

Phil has also been a member of the Virginia Collection Agency (VCA) since 1972 and served in all positions within the association.

While Phil grew his company and became active within the collection industry, he did not limit all his attention to business. Phil has also serves on the Fairfax County Community Action Advisory Board, Fairfax County A. Heath Onthank Advisory Committee and Good Shepherd Housing. He is deeply committed to help our area’s low-income families in their struggles of finding adequate housing, food and caring for their children. The Fairfax County of Fire and Rescue Department has a volunteer division, Firefighters and Friends to the Rescue, which helps underprivileged children. For a number of years Phil has participated in their various drives: school backpack, coats, shoes, haircuts and holiday toys. Recently Phil was awarded the Governor’s 2013 Virginia’s Fire Service Award for Excellence in Virginia’s Fire Service Support – Private Sector.

W. Dennis Stephens is a government affairs counselor at K&L Gates. He previously served as a senior staff member for several House Republican members, including former Majority Leader Dick Armey. Dennis has more than 35 years working in Republican campaigns, policy, and political matters including more than 19 years experience as a Republican lobbyist.

Dennis works on a wide range of public policy issues including tax, technology, foreign policy, and transportation on behalf of Fortune 500 companies, associations, and small businesses.

Dennis has worked closely with many Republicans in the House and Senate including members of the Republican Study Committee. He has especially close relationships with the House Republican leadership and senior staff as well as many of the incoming freshmen.

In addition, Dennis has worked closely for more than two decades with every leading conservative activist and grassroots organization including The Heritage Foundation, Americans for Tax Reform, FreedomWorks, Americans for Prosperity, and the Family Research Council.

Dennis is very active in the conservative movement and is a regular speaker for the Leadership Institute Capitol Hill Staff School. He is also consulted regularly by Republican elected officials to review both policy issues and electoral strategy and tactics.

Prior to working on Capitol Hill, Dennis spent three years in the second term of the Reagan Administration, including the Office of Presidential Personnel in the White House.

Author of How to Raise An American Patriot, Making it Okay for Our Kids to Be Proud to Be American, blogger, podcaster and editor for several sites, and Chief Content Creator for Sunrise Business Consulting, her own company. Also currently working full-time as the Local Outreach Director for the largest church in Colorado.

She has done mission work in Africa and Asia and ran for the Colorado State House in 2014. She has been married to her husband for almost 10 years and is a mom to 5 kids. Her family lives in Boulder County, Colorado where they enjoy running, obstacle course racing, hiking, and camping and they have a flat-coated retriever named Eddy.

Cathy Tripodi is the director of business affairs at the North Carolina Department of Transportation. Prior she served as the director of energy for former Governor Mitch Daniels, and the Indiana Economic Development Corporation, and lead the state’s efforts to attract jobs in energy and automotive advanced manufacturing sectors and assisted existing Indiana companies to grow their investments.

Cathy also served as a policy advisor to the chairman of the Federal Energy Regulatory Commission and the secretary of the U. S. Department of Energy, under President George W. Bush, where she researched, analyzed and prepared energy policy recommendations and provided subject matter expertise.

Cathy has a Bachelor of Science in Business Administration from Villanova University, Philadelphia, PA.

COMING SOON

Matthew McNey, 21, was born in Columbia, MD; however, he was raised in College Park, Burtonsville and Laurel. As a product of the American Dream he was instilled with strong religious convictions, hard work and dedication. He was not born into a rich family; his was a family best characterized as middle class, a family battling with drug addiction and alcoholism. Matthew goes to school and works full time with plans to go to Harvard Law and Harvard Business School to earn a JD and MBA, and to become a corporate attorney. He has been involved in politics since he was 13. He joined the Democratic Party when he was 16, and eventually became the President of the Maryland Federation of College Democrats.

Amanda Tesarek, 19, Best College Short Film Winner, is from Superior, Wisconsin, and attends Columbia University in New York City. She is currently a sophomore, and plans to pursue a double major in biochemistry and political science and a minor in Arabic language. Her extracurricular activities have included student government, newspaper, and improvisational comedy. Amanda was especially inspired to enter this contest after attending the American Legion Auxiliary’s Girls State and Girls Nation programs, which taught her the importance of patriotism and appreciating those who serve in the armed forces.

Juliette has been able to learn from her mother’s power to prevail while sharing many of the same life interests. Juliette wrote the bestselling book Our Constitution Rocks!(HarpersCollins/Zondervan) at age 12. Our Constitution Rocks, currently in its second printing with over 50,000 copies sold, is endorsed by Former First Ladies Laura and Barbara Bush, President Clinton’s White House Counsel Jack Quinn, constitutional scholars, and many other political leaders of both parties. At age 16, Juliette Turner’s second book was published: Our Presidents Rock! (HarpersCollins/Zondervan) Our Presidents Rock brings American presidents to life for America’s future generation —using fun anecdotes and an engaging sense of humor to inspire young Americans to learn about leadership and history. Juliette’s new novel, That’s Not Hay In My Hair, will hit the shelves March 8, 2016 (Zondervan).

Juliette Turner is the National Youth Director of Constituting America, a group founded by her mother and co-chaired with Cathy Gillespie that is dedicated to educating Americans about the founding documents. Juliette reaches youth across America with her engaging books, motivational speeches, entertaining videos and media interviews. Juliette was the youngest author ever to speak at Mt. Vernon’s George Washington Symposium, and was recently one of four featured authors at the Dallas Celebration of Reading, along with Senator Kay Bailey Hutchison, Mark Shriver and ABC’s Byron Pitts.

As a dynamic duo, the Turners have been speaking to groups around the country, mixing pop culture and American history to engage apathetic citizens to get engaged. Beyond their dedication to the country, the Turners love spending time with each other; Juliette enjoys farming with Janine on the longhorn cattle ranch, helping Janine on the set of her recent films, co-recording an album with Janine, attending church with Janine, and working side-by-side on Janine’s radio show.

Austin Dobbs is a remarkable young man whose high school attributes, achieve ments and character mirror those of Turner Maurice Gauntt, Jr.’s. Dobbs was Valedictorian of his graduating class from Quitman High School in Quitman, Texas with a 5.4 grade point average. He was Captain of the football team and Captain of the track team. He received All-District Honors for his positions as wide receiver and defensive back and was named First Team Academic All-State as well as serving as Treasurer and Vice President of the Fellowship of Christian Athletes. Academically, in addition to being Valedictorian, he was President of the National Honor Society, President of the Debate Club, Student Council Vice-President and Senior Class President. He was a State Qualifying Debater for his junior and senior seasons, deemed as one of the top five debaters in the state of Texas and was the State Silver Gavel winner as 2nd in the State of Texas 2013. He received countless academic and character awards within his community. His church and community ser- vice is astonishing with 775 hours served, which includes Program Director of DASH – Drugs, Alcohol, Safety, and Health.

Dobbs is graduate of Baylor University and is currently serving as an officer in the United States Air Force. He adheres to the principle that to whom much is given, much is required and has dedicated himself to public service. Having been recognized as the inaugural recipient of Turner Maurice Gauntt, Jr Award, Dobbs has sought every day to live the life of service, leadership, and high character of the awards namesake. He has served in key leadership positions throughout college and in the military and has been a member of the Youth Advisory Board since its inception

Laney Kraus-Taddeo, 17, Best High School Short Film Winner, lives in Park Ridge, Illinois, and is currently a senior at Maine South High School. She has worked as a professional actress since the age of nine, appearing in both live theater productions and short films. In high school she discovered a love of video and film production and has written, conceptualized, shot, directed and edited numerous short films, and has also directed live sports broadcasts and performing arts presentations. Proud to be this year’s short film winner, Laney is also an award-winning writer and editor with her high school newspaper, is the Boys Varsity Basketball video coordinator, and is active in her community. She will be attending college in the Fall of 2015 and plans on pursuing a double major in film production and theater.

Nic Downs, 20, is from Dana Point, California. He will begin his junior year this fall at Point Loma Nazarene University in Southern California. He loves writing, foreign languages, people, and cultures, and always searches for ways to learn more in these areas. Excelling in Italian and French, he has tutored at Saddleback College and has also worked privately, teaching Italian to missionaries bound for Italy. He has participated in mission trips to Spain, Africa, and the Caribbean, along with family expeditions throughout the world. Over the last few years, Nic has taken a keen interest in politics, and is especially passionate about the Constitution and the issues that threaten its existence. In addition, he recently attended the Christians United for Israel (CUFI) Summit in Washington, D.C.

Jewel Gilbert, 20, Best College Speech Winner, is from Easton, Pennsylvania and a Freshman at Muhlenberg College. He is extremely grateful to have had his speech chosen as the Winner of Constituting America. Jewel has three passions: To serve God, play football, and perform with Sing For America. Sing for America is a charitable group founded by the Gilbert family in 2005. Performing up to 80 performances a year, stretching from Memphis to Maine, they do it to show appreciation for the Military families sacrificing so much for us. In 2011, Sing For America evolved as an entity striving to bring light and truth to the community through the arts in many different ways. Sing For America Productions was born, and since has done 8 Broadway style musicals incorporating professional and amateur talent under the slogan “The Arts Are Color Blind.” Out of the 224 cast members involved with SFAP, half of them are minorities. Many of the actors had their very first experience on stage with us. Sing For America has been able to donate over $40,000 to help military families in need by paying rent, heating bills, food, whatever they may need. www.SingForAmerica.com.

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Lindsay Culpepper, 11, Best Poem Winner, lives in Maylene, AL, just south of Birmingham. She is a sixth grader at Evangel Classical Christian School, where she enjoys studying science, Latin, and history. In her free time, she likes reading, writing, art, horseback riding, and playing basketball. An animal lover, she has attended Zoo Camp at the Birmingham Zoo each summer for the past four years. She recently started serving in the children’s ministry at her church, assisting with the children’s worship service. In the future she hopes to become a writer, a nature photographer, or a veterinarian.

Anya Ambarish, 10, Best Elementary School Poem Winner, lives in Dulles, Virginia. She goes to Rosa Lee Carter Elementary school and is in the fifth grade. Her favorite subject at school is reading, and she also enjoys science and social studies. She is passionate about poetry, writing, reading, tennis, basketball and ping-pong. Many of her short stories and poems have been published in various books and websites. She aspires to become a lawyer or a writer.

Maryem Bouatlaoui, 10, Best Emblem Winner, is a resident of Philadelphia, Pennsylvania. She was born in Morocco. Maryem attends Henry W. Lawton Elementary School. She is involved in a lot of afterschool programs like The Choir Club, Patriots Club and Environmental Club. Maryem also enjoys drawing and hopes to become a doctor when she grows up.

Halley is 16 years old, and enjoys history and horses. She was a Best Poem winner in Constituting America’s inaugural year, and won Honorable Mention in Middle School for her song about the Bill of Rights.  Halley initiated Constituting America’s Colorado Patriot Club.  She lives in Estes Park, Colorado where she participates in 4-H, her youth group “The Huddle,” Rooftop Rodeo and the Estes Park Equestrian Club. An avid rider, she is an IEA team member, owns two quarter horses, and competes in the Colorado Hunter/Jumper Association circuit with her retired off track Thoroughbred, My King.

COMING SOON

COMING SOON

Courtney Janecka is the best high school song winner for 2020!

Click below to listen to Courtney’s song!

COMING SOON

Laurel Asness has been active in many charitable endeavors including autism research, education, and many Nebraskan specific charities. Along with her husband Cliff, Managing Principal of AQR Capital Management, Laurel has helped advance think tanks focused on national security and education advocacy groups designed to help close Connecticut’s achievement gap.

Laurel previously worked in both the Asset Management and Fixed Income divisions at the global banking firm Goldman Sachs. She also worked at Christie’s, the fine arts auction house, in New York City.

She received her Bachelor of Arts from Boston University and Master of Social Work from New York University. Laurel currently resides in Greenwich, Connecticut with her husband and four young children.

William J. Bennett is one of America’s most important, influential and respected voices on cultural, political, and education issues. A native of Brooklyn, New York, Bill Bennett studied philosophy at Williams College (B.A.) and the University of Texas (Ph.D.) and earned a law degree from Harvard. He is the Washington Fellow of the Claremont Institute and a Senior Advisor to Houghton Mifflin Harcourt.

Over the course of his professional life, in education, government and the private sector, Dr. Bennett has succeeded in a trifecta of American institutions. He brings broad and deep experience achieved from a unique series of successes in several distinct fields: He is an award-winning professor in academia, having taught at Boston University, the University of Texas and Harvard; he is a three-time confirmed executive in the Ronald Reagan and George W. Bush administrations including holding two cabinet-level positions, Secretary of Education under Ronald Reagan and the Nation’s first Drug Czar under the first President Bush; he is the author of 20 books, including two New York Times Number One best sellers and two of the most successful books of the 1990s; he is the co-founder and served as the first Chairman of K12, Inc., a very successful online education company; and he is the host of the number seven ranked nationally syndicated radio show, Morning in America.

In his various roles, Dr. Bennett is perceived—even by his adversaries—as a man of strong, reasoned convictions who speaks candidly, eloquently, and honestly about some of the most important issues of our time.

Dr. Bennett’s latest book is The Fight of our Lives: Knowing the Enemy, Speaking the Truth & Choosing to Win the War Against Radical Islam. His three volume set of the history of the United States entitled America: The Last Best Hope, has been widely praised. The volumes have been adopted for school use in the State of Indiana and the City of New York, and are currently being adopted by other school systems around the country. As a communicator, Dr. Bennett has received rare acclaim. In 2002 he was named by focus groups and leading analysts the “Best Communicator of 2002,” and the most well-received public commentator on the issues of “pride, patriotism, faith, and moral conviction.” In April of 2005, the Sunday New York Times named Dr. Bennett the “leading spokesman of the Traditional Values wing of the Republican Party.”

Although he is a well-known Republican, Dr. Bennett often has crossed party lines in order to pursue important common purposes. He has worked closely with Democratic leaders such as Senator Joseph Lieberman to fight the decline of popular culture and to end worldwide religious persecution.

Thanks to his government positions, his writings and speeches, and thousands of media appearances, William Bennett has extraordinary influence on America’s political and social landscape. He now appears exclusively on cable television on CNN. He has been named one of the most influential individuals in America. He, his wife Elayne, and their two sons live in Maryland.

Dr. Bruce Cole served on Constituting America’s National Advisory Board and as one of our artwork judges since our founding 2010. We are incredibly indebted to Dr. Cole for his advice and guidance when we began Constituting America and are proud to keep him in our memory and h0nor him on this page.

Dr. Cole was the President and CEO of the American Revolution Center (ARC), the first national institution devoted to exploring the history and continuing impact of the American Revolution. Before coming to ARC, Cole served as the Chairman of the National Endowment for the Humanities (NEH), where he managed a budget of $150 million and a staff of 170 and was responsible for awards totaling over $800 million dollars. Appointed by President George W. Bush and unanimously confirmed by the Senate in 2001 and again in 2005, Cole was the longest serving Chairman of the NEH. Under Cole’s leadership, the NEH launched key initiatives, including We the People, a program designed to encourage the teaching, study and understanding of American history and culture, and the Picturing America project, which uses great American art to teach our nation’s history and culture in 80,000 schools and public libraries nationwide. He also created the NEH’s Digital Humanities Initiative and Office which made the Endowment a national leader in this new frontier of humanities access and knowledge. Under his tenure partnerships were developed with several foreign countries, including Mexico and China.

Cole’s connection with the Endowment began when he received an NEH fellowship. He subsequently served as a panelist in NEH’s peer review system, and then as a member for seven years of the National Council on the Humanities, the presidentially appointed and senate-confirmed 26-member NEH advisory board. Cole came to the Endowment in December 2001, from Indiana University in Bloomington, where he was Distinguished Professor of Art History and Professor of Comparative Literature. In 2008, he received the President’s Medal from the University for “excellence in service, achievement and teaching.” In 2006, Governor Mitch Daniels awarded Cole the Sagamore of the Wabash, which recognizes individuals who have brought distinction to the state of Indiana.

The medal is one of the highest honors the President can confer upon a civilian, second only to the Presidential Medal of Freedom. Earlier in 2008, Cole was decorated Knight of the Grand Cross, the highest honor of the Republic of Italy.

Jeremy Kinney is the President of Kinney Oil. He is the former Chairman of Opera Colorado, and currently serves as an Honorary Director of Opera Colorado. Mr. Kinney is the current Chairman of the Tesoro Foundation, doing business as the Tesoro Cultural Center (Tesoro means “treasure” in Spanish), whose mission is to protect and make available to the community the artistic treasures of the American past, with a special focus on the opening of the American Southwest. Mr. Kinney is also one of the founders of the Scientific Cultural Facilities Districts of Colorado, a special tax district in the Denver metropolitan area that supports art, culture, and science organizations to enrich the community. Mr. Kinney is a graduate of Yale University and received an MBA from Harvard. He is married to the former Holly Arnold.

Anita B. McBride was appointed as Executive in Residence at the Center for Congressional and Presidential Studies at American University’s School of Public Affairs in April 2010. Mrs. McBride was the committee chair for the “The Legacies of America’s First Ladies” conference held in March 2011, which examined both the powerful job and the women who, though unelected and unpaid, devoted themselves to it. “It’s a topic near and dear to my heart,” said Anita McBride.

From 2005 to 2009, she served as Assistant to President George W. Bush and Chief of Staff to First Lady Laura Bush. She was responsible for the First Lady’s policy, press, correspondence, scheduling and advance, speechwriting, and social offices and directed the staff’s work on the wide variety of issues in which Mrs. Bush was involved. As a senior member of President Bush’s staff, Mrs. McBride was responsible for working with West Wing policy advisors to coordinate the First Lady’s efforts in support of specific presidential policies and initiative including global health and education and human rights.

Mrs. McBride’s White House service spans two decades and three administrations. She joined the Reagan Administration in 1984. From 1987 to 1992, Mrs. McBride was Director of White House Personnel under Presidents Reagan and George H. W. Bush. Mrs. McBride also served as Director of the Speakers Bureau at the United States Information Agency in 1992. Under President George W. Bush, Mrs. McBride served as Special Assistant to the President for White House Management. From 2001 to 2004, Mrs. McBride served in the State Department, where she was Senior Advisor to the Secretary and White House Liaison from 2001 to 2003 and then Senior Advisor in the Bureau of International Organizations in 2004. Mrs. McBride was a member of U.S. delegations to the UN Commission on the Status of Women in 2002, the UN Commission on Human Rights in 2003, and the UN Special Session on HIV/AIDSin 2006. Mrs. McBride’s private sector experience includes serving as project manager of the Smith Kline Beecham Foundation’s flagship philanthropic program, Science in the Summer. Mrs. McBride is a member of the U.S.-Afghan Women’s Council, a public-private partnership between the U.S. and Afghan governments, Georgetown University, and private-sector institutions. In 2008, Mrs. McBride was honored by the Afghan government for her commitment to Afghan issues. Mrs. McBride is a Member of the Board of Directors of the National Italian American Foundation and also serves as a Member of the Advisory Committee for the Mothers Day Every Day Campaign, which is a maternal and child health advocacy organization chaired by Ann Veneman and Donna Shalala.

Mrs. McBride received her B.A. in International Studies from the University of Connecticut in 1981, and studied international relations and foreign languages at American University in Washington and the University of Florence in Italy. Mrs. McBride is recipient of the National Guard and Reserve’s Patriot Award and the University of Connecticut’s President’s Award of Distinction.

Mrs. McBride was appointed to the J. William Fulbright Foreign Scholarship Board by President George W. Bush in January 2009.

Suzy Pence has enjoyed participating in the educational, philanthropic, cultural and political affairs of the Washington D.C. region for over forty years.

Suzy appreciates and supports multiple efforts to enhance the education of America’s younger generations. She has been active in building the new law school library at American University, as well as various construction campaigns at the Langley School (McLean, VA). With her husband Bob, a real estate developer, Suzy has created study abroad and scholarships for foreign travel for over 70 high school, college, law school, and graduate students.

Suzy, in support of Republican Congressional and Senate candidates as well as those for state and national office, has hosted many fundraising events in her home.
On a cultural level, Suzy is a member of the International Committee of the John F. Kennedy Center for the Performing Arts. She particularly enjoys supporting the programs and performances of the Shakespeare Theatre (Washington D.C.) and the Wolf Trap Foundation (Vienna, VA). The Pences are sincerely honored to serve as sponsors of many initiatives in support of the men and women of the Armed Forces of the United States.
Suzy received both her undergraduate degree and an M.L.S. from the University of Maryland. Suzy and her husband Bob, a real estate developer, live in Georgetown, Washington D.C. They have three sons and seven grandchildren.

Jeri Thompson is a stay at home mom, who in between car pools, play dates and classroom projects, provides commentary for a number of radio, TV and online outlets. Topics often include policy and politics in the context of how such things affect moms and families. She can frequently be seen on Fox News shows, including regular appearances on “Hannity.” She served as a co-host on the “Fred Thompson Radio Show,” something that was unavoidable because, first, former Sen. Fred Thompson is her husband, and second, the show was broadcast from their home studio.

For many years, Jeri worked as a communications and political consultant in Washington, D.C. She worked at the Republican National Committee, the Republican Senatorial Conference, Burson-Marsteller and the law firm of Verner Liipfert.

Jeri graduated with a degree in English literature from DePauw University in 1988. She currently serves on the nominations board of the Susan B. Anthony List, and has been involved in a number of political and philanthropic fundraising efforts over the years. She and Fred live in the Washington, DC area, with their two children, Hayden and Sammy.

Republican President Dwight Eisenhower reputedly said that appointing Chief Justice Earl Warren and Justice William Brennan were among his biggest mistakes as president as they helped usher in a wave of liberal jurisprudence at odds with Eisenhower’s conservative philosophy.  Republican President George H.W. Bush might have said the same about Justice David Souter for the same reasons.  Finally, Republican President Ronald Reagan would have agreed that Justice Anthony Kennedy surprisingly became a swing vote who could lean left.

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In 2011, the Supreme Court decided Brown v. Entertainment Merchants Association (EMA). A California law prohibited the sale of violent video games to minors and required labelling of content and designation of suitable users. Parents would still have the choice to buy video games deemed violent and give them to their children. The law was challenged as violating the free speech rights of minors. Without getting into the raw details, as described in the state’s brief and acknowledged by some of the justices, these games invited the players to torture, murder, and humiliate characters. The attorneys for the purveyors of this entertainment assured the justices that such displays of violence were a traditional teaching tool for America’s youth, and that, unless children have unrestricted opportunity to purchase these materials, freedom of speech would be devastated.

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Does the Constitution Give Americans the Right to Vote Without Photo Identification?

In 2005, the State of Indiana passed a state law requiring that most Indiana voters who voted on Election Day would have to show government-issued photo ID before voting. The law provided an exception for those who lived in senior centers, and provided an alternate method of voting if you lost, forgot, or could not afford to get a photo ID. Note: The law also provided free state photo ID’s to those who did not already possess an Indiana driver’s license.

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Chris Foster, a descendent of President John Adams, is an independent insurance agent with Brown & Brown; past president of W.R. Reed & Company in Portland, Oregon. A graduate of Oregon State University, Foster holds a Bachelor of Science degree in Business Administration with a minor in Science and has completed post-graduate studies in business. He is a former major in the Oregon Army Reserve and a Leadership Graduate of Oregon Military Academy.

Mr. Foster serves as a board member for Citizens for Local Accountability (COLA) in Lake Oswego, Oregon. He is precinct committee person for Clackamas County, Oregon, elected in 2010, and has distributed 4,000 copies of the U.S. Constitution and Declaration of Independence in 2010. Mr. Foster is also a volunteer fly fishing instructor with the Oregon Department of Fish & Wildlife. His hobbies include fishing, photography, and hunting.

Denise Fuller graduated from Texas A & M with a Bachelor of Science. During her time at Texas A & M, she was the Student Senator for the College of Education. She completed her post-graduate work at North Texas University with a Masters in Education. She taught and developed curriculum for Irving Independent School District (ISD) and for North Lake College.

She has been a member of the Junior League of Dallas since 1997 and has served on the board of Irving Cares. She spends time doing volunteer work with Meals on Wheels, MediSend, and Lift – Literacy Instruction for Texas.

Janice Gauntt is a top selling realtor in Tarrant County, Texas. She was born in San Antonio, Texas and educated at Trinity University. Janice is active in a number of civic organizations in the Tarrant County area.

Robert Gauntt received his BBA from the University of Texas in Austin, where he played Varsity Baseball for the 1983 NCAA Division I National Championship team. He worked for Paine Webber Inc. in New York City and London before entering the University of Texas Graduate School of Business, where he received his MBA in 1990. He joined Goldman Sachs in the summer of 1990 and was directly involved in equity portfolio management for private clients. At Morgan Stanley, Robert was responsible for the management of equity portfolios as well as advising families on asset allocation. Previously, Robert was the Director/President of H.O.P.E. Worldwide in Houston, President of the Board for his local congregation, a former member of the McCombs School of Business Advisory Council at UT and served on the Texas Growth Fund Board.

He currently serves on the board of West University Little League, the Endowment Committee at River Oaks Baptist School, Provision Charter School and serves on the UT Chancellor’s Council Executive Committee. In 2008, Robert was appointed to the Teacher Retirement System of Texas Board of Trustees ($105 billion fund, serving 1.3 ml teachers) and currently serves as Chairman of the Investment Committee.

Remembering Don Hodges:

Constituting America remembers and honors Mr. Don Hodges (1934-2015)
Mr. Don Hodges held the first event for Constituting Amerca, shortly after our launching in 2010. He served on our Advisory Board from 2010 until the day he passed away, January 21, 2015.

Mr. Hodges gave generously to Constituting America, as he did with all of the organizations he supported. He gave financially, but also gave of himself: his time, energy, advice and enthusiasm. We treasure our memories of his positive impact on our organization.

From Mr. Hodges’ Obituary in the Dallas Morning News:
“Donald Wayne Don Hodges, heralded financial advisor, selfless and dedicated counselor, mentor, devoted husband, father, grandfather and great grandfather, faithful Christian servant and staunch American business and entrepreneurship advocate, passed away January 21, 2015 from complications related to a blood disorder. Hodges was a man admired and revered by his industry peers and was loved deeply by his family that includes his wife of 59 years, Freddie, and their children, Camille Hodges-Hays, Craig Hodges and Clark Hodges. Don was a mentor and father figure to countless people over the years including business associates, employees and even his children’s friends. Don had a passion for investing in stocks but he had an even bigger passion for investing in people. He always found and appreciated the best qualities in others. – ”

Read Mr. Hodges’ Obituary HERE

Meg Bakich graduated from the University of Notre Dame with a double major in Economics and French. She worked for Morgan Stanley at the Chicago Mercantile Exchange trading the S & P 500. After having her first child, she resigned from the company to focus on being a full-time mom.

Meg is a member of several organizations including Wipeout Kids Cancer (WOKC), Youth Services Men’s League, Christ the King Altar Society, The Dallas Metropolitan Ballet Guild and La Fiesta de Banderas. She was born and raised in Redwood City, California and currently lives in Dallas, Texas with her husband Huntley, and their five children.

Victoria Bauman has a diverse background in both film and politics. While in Hollywood, her resume includes working as a co-producer, consultant, and fundraiser for several independent film projects as well as DVD specials for Disney and FOX. In the political arena, Victoria has worked to raise money for many of California’s local and national politicians. Most notably was her time spent as a political consultant for Mercury Public Affairs out of their Los Angeles office where she was part of the California political fundraising team headed by Bill Simon for Mayor Rudy Giuliani’s 2008 Presidential Campaign. Victoria worked as Constituting America’s Communications Director during the organization’s first year.

Gregory S. Casey became President & CEO of the Business-Industry Political Action Committee (BIPAC) in 1999. He is a senior partner in the Idaho based consulting company, Veritas Advisors, LLP.

His record of public service includes Legislative Director and Chief of Staff to a member in the U.S. House of Representatives, Chief of Staff to a member of the U. S. Senate, Transition Director for the Governor of Idaho, Interior Transition Team for the President of the United States, Deputy Chief of Staff in the Office of the Senate Majority Leader and as an elected officer of Congress, serving as the 34th Sergeant at Arms and Doorkeeper of the United States Senate where he served as Chairman of both the United States Capitol Police Board and the Capitol Guide Service and on the Board of the Federal Law Enforcement Training Center.

Greg served or serves on the board of several organizations including the Idaho Council on Economic Education, Foundation for Free Enterprise, Boise Futures Foundations, The Executive Committee of the National Council of State Manufacturing Associations, University of Idaho Foundation and The George Washington University School of Political Management.

Greg graduated from The University of Idaho with a degree in Political Science and History, and has completed graduate programs in Legislative Affairs through the Library of Congress.

Greg regularly provides political commentary on national radio and television and is often quoted in such publications as The Wall Street Journal. The Washington Post once referred to him as a “Washington all star.”

Holly Pellham Davis began her career as a model and then an actress where she won roles in many national and international television commercials, television shows and appeared on the silver screen.

Now, a devoted mother of two, Holly has combined her talents, dedication, and passion to raising her family in a clean, fresh, mostly organic home and environment. Fueled by her desire to help others make positive lifestyle choices for themselves, Holly founded, Clean Fresh Living, Inc., which promotes organic, healthy living and educates consumers on making life changing choices for themselves and their family.

She became the national spokesperson for MadeinUSA.com in August 2009 and is dedicated to educating consumers about the importance of buying American-made products in order to help strengthen the U.S. economy.

Holly has been involved with many local charities including chairing events for the Leukemia Lymphoma Society and The Family Place. Holly is a proud native Texan.

Lindi Harvey has more than 25 years as a corporate and government executive and has a wealth of fundraising, program management and business expertise. She has held several senior-level positions in the Federal government including serving as Deputy Director of the National Park Service for the U.S. Department of the Interior and as Deputy Director at the Office of Global Women’s Issues for the U.S. Department of State. In her capacity as Executive Director, Lindi has been selected to lead U.S. Senator Elizabeth Dole’s Women’s Majority Network and for the Combined Federal Campaign of the National Capital Area. In her private sector career she served as Senior Vice President for the Geneva Strategies Division of Citigroup. Beyond her career accomplishments Lindi is a passionate advocate for community service, volunteerism and mentoring, and serves on many boards and advisory councils regarding child development, youth mentoring, health care, women’s leadership programs, and non-profit and charitable organizations. She is a recognized speaker and trainer at local, state, national, and international levels regarding advancement opportunities in civil society, public policy, community service, volunteerism, and entrepreneurship development.

As president of McCauley Logue Communications, Jennifer Logue employs her 20-plus years of broad-based communications experience to help clients expand their influence, amplify their impact and achieve their marketing goals. Her extensive communications experience includes writing for a daily newspaper, editing a quarterly journal and managing communications activities for a number of respected organizations. Companies that have benefited from Jennifer’s services include public broadcasting leader WGBH, the Isabella Stewart Gardner Museum, Cerebral Palsy of Massachusetts, Phoenix International Publishing, the Housing Partnership Network, Hospitality Mutual Insurance and PBS’s respected investigative journalism series, Frontline.

Active in her local community, Jennifer served on the Quincy High School Siting Commission, the Quincy Tourism Advisory Council and the Mayor’s Leadership Council on Homelessness. She is a member and past president of the Quincy Lions Club, a former Registrar of Voters and a member of the South Shore Women’s Business Network.

LaRawn Scaife Rhea grew up in Nashville, Tennessee and was reared around the music industry where her father promoted the careers of Elvis Presley, Jerry Lee Lewis, Johnny Cash, Charlie Rich, and numerous other greats.

She is a graduate of Belmont College with a degree in Marketing and a concentration in Psychology. As a graduate LaRawn served on the Belmont Alumni Board. She has a love of photography and works as a freelance social photographer and journalist. Her work has been seen in many magazines.

LaRawn has worked with many non- profits including serving on the Executive Board of the Nashville Symphony League, The Horticultural Society of Middle Tennessee, Historic Belmont Mansion, The Nashville Ballet, and The Animal Welfare Fund. LaRawn conceived the idea of “The World’s Biggest Baby Shower” that led to Oprah Winfrey coming to the military base at Ft. Campbell to provide a baby shower for the 700+ military wives who were all expecting at the same time. The baby shower was taped and then aired on The Oprah Winfrey show.

She currently serves as Marketing Director for Chartwell Properties, a real estate development firm in Nashville, Tennessee. Her hobbies include reading, photography, travel, baking and gardening. LaRawn and Richard have two adopted rescue puppies, Diamond and Sparkle.

March 9, 1953 – April 18, 2021

Janine Turner and Constituting America’s dear friend, Jocelyn White, passed away on April 18, 2021. Jocelyn was an award-winning TV and radio journalist whose programs aired locally in Dallas-Fort Worth, and have been syndicated regionally and aired nationally on HDNet. Her passions were animal rescue, advocating understanding of autism, gardening and The Constitution!

Jocelyn was an important part of our Constituting America team since day one – she made the second ever donation to Constituting America, right after Janine’s father! Jocelyn continued to be a generous supporter of our Constitution education programs, even serving as emcee and special guest at several of our events.

We will miss her advice, enthusiasm, and most of all her friendship.

Click here to read more about Jocelyn’s amazing life and legacy.

The 2000 presidential election came down to who won Florida. Twenty-seven days after the election, the presidency remained undecided. Surrogates for George W. Bush and Al Gore clashed in a close-quarters fight that seemed to have no end.  Both parties persisted and refused to yield. The media filled nearly every broadcast moment and column inch of newsprint with the maneuvers and shenanigans of both parties. The pursuit of minutia, gossip, and a major scoop drove wall-to-wall reporting of the countless twists, turns, and skirmishes.

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The U.S. Supreme Court’s 2010 McDonald v. Chicago case considered whether the Second Amendment’s protection of the individual right to possess and use privately-owned firearms as affirmed in the Court’s 2008 District of Columbia v. Heller decision also applies to state and local governments.

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The U.S. Supreme Court’s 2008 District of Columbia v. Heller case considered whether the Second Amendment to the U.S. Constitution protects an individual right to possess and use privately-owned firearms.

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District of Columbia v. Heller provided clarity to a long and quarrelsome debate about the application of the Second Amendment. The crux of the case was whether the right to “keep and bear arms” was an individual right or a collective right associated with regulated militias. The Supreme Court (5-4) ruled the Second Amendment an individual right.

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Vote: (5 to 4) Majority: Roberts, Scalia, Kennedy, Thomas, and Alito. Dissenters: Stevens, Souter, Ginsburg, Breyer.

Gonzales v. Carhart is one of those rare cases that highlights the difference an election can make to Supreme Court decision-making. While the Justices of the Supreme Court are (arguably) largely immune from political pressure because they serve for life, they are nominated by Presidents and confirmed by Senates that answer to the People. For this reason, the makeup of the Court is unavoidably a product of the political process, and this process can yield strikingly different results depending on the makeup of the bench.

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In 1827, the state of Georgia passed several acts that affected the Cherokee Nation within Georgia’s borders.  Georgia extended criminal jurisdiction over crimes committed by Cherokees within the Cherokee Nation.  Traditionally and legally, the Cherokee had their own criminal jurisdiction.  The Georgia legislature also declared the Cherokees had no legal title to the land that the state would respect.  Consequently, surveyors were dispatched with military support to begin surveying Cherokee land for development and settlement.  The governor was authorized to take possession of Cherokee gold mines.  All contracts made between Georgia and the Indians were voided.  Georgia legislators believed the Cherokee, in light of events would leave voluntarily.

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Patt Parker is involved in grassroots organizations and serves as the 2nd Vice President of the National Federation of Republican Women (NFRW). Patt has worked as campaign manager for candidates at the local, state and national levels. She became active in grassroots after her retirement as a senior civilian from the Department of Defense. Her earlier career was as a teacher/administrator in Christian schools where she taught history and government. Patt serves on the Legislative Committee of the Calvert County Chamber of Commerce; Calvert County United Way Women’s Initiative, and as Christian Education director of Dunkirk Baptist Church.

Patt’s passion is to train leaders – national and international- and to work with people of all ages to know, appreciate and treasure the founding principles of our nation and in an understanding of the basics of democracy.

Patt received her Master of Science in National Security from the National War College and an MBA from Marymount University. Patt is the daughter, wife of a and mother of a veteran. She is the mother of two sons, and grandmother of four granddaughters. She lives in Dunkirk, Maryland with her husband Geoff and Australian Cattle Dog, Kiwi, and orange tabby cat, Flicker.

Rochelle A. Porto is a Philadelphia public elementary school teacher and the proud single mother of a 24-year-old daughter. A native of Wildwood Crest, NJ, Rochelle completed her education degree at Glassboro State/Rowan University. Upon graduation, she was employed by the American Red Cross in Philadelphia where she began a workplace health and safety education program. She took time off to raise her daughter and returned in 1993 to start a business in educational workplace health and safety and through this found her calling to become a teacher in literacy. In 1999, she began her current career as a public school teacher and finished her Masters in Education at St. Joseph’s University in Pennsylvania. Then in 2009, she earned her Special Education Certification from Holy Family University. Rochelle is a second year candidate in the National Board for Professional Teaching Standards. At school, she is hosting Patriot Clubs for grades 1-6. In the summer she continues her work through the Philadelphia Recreation Department. She is an active member of Constituting America, Saturday Morning in America and the Independence Hall Tea Party Association.

Bryant Pearson was born and raised in Russellville, Arkansas. He was educated at Arkansas State University where he graduated in 1986 with a BS degree in Political Science. In August of 1986 became a missionary to Uganda where he spent 2 years working with college and youth students He also spent time in Ethiopia during the “We are the World” feeding crisis working with the poorest of the poorest. After returning to the states he started his career as a financial professional with Primeria in 1989. In 1990, Mr. Pearson married his college sweetheart and they just celebrated 24 years of marriage. He has a 14 year old son and a 16 year daughter. He has volunteered and worked in the Garland Independent School District for more than 12 years. In 2007 he started The Bowtie Boys and has worked diligently since that time to make a difference in the lives of as many young men as possible.

Hi, my name is Tom McLaughlin and I teach 7th grade Texas History and 8th grade US History at “THE” Barack Obama Male Leadership Academy in Dallas Independent School District. I have 8 years’ experience as a Social Studies Teacher. My previous careers include National Account Manager for Novacopy Inc, Retail Manager for the Texas Rangers and Dallas Stars, Customer Service Manager for Fotoball USA and Pepperidge Farms Route Driver. My favorite quote is by Albert Einstein – “In the middle of difficulty lies opportunity”. That has been true throughout my life.

I began my working career fresh out of Seagoville High School in Dallas ISD by joining the US Navy in July 1978. In my 16+ years serving in the Navy I had the opportunity to visit many different countries throughout the North Atlantic, Mediterranean, Caribbean and South American coast. While in the Navy, I served in a Leadership capacity at most of my duty stations, consistently being placed in a position of training my subordinates. A teaching career was always in the cards, I just didn’t know it. I retired from the US Navy in December 1993 as a Recruiter-in-Charge of Navy Recruiting Station Aurora, Colorado.

After retirement I decided to, as John Babsone Lane Soule stated, “GO WEST YOUNG MAN”. Now I know that most think Horace Greely said it first but check your History books. I went out to California to “see what was there”. The whole time I was out there I kept feeling a tug to “come home”. After finally coming home and working a variety of jobs, including Warehouse Manager for the Texas Rangers and Dallas Stars, I finally settled down to teaching Middle School Social Studies in the Dallas ISD. I have taught 6th grade World Cultures, 7th grade Texas Studies and 8th grade US Studies in my 8 years of teaching.

One of the many highlights in my teaching career includes getting on our local FOX TV stations on the 9 O’Clock and 10 O’Clock news for wearing a Tutu all day for my students. NOTE TO SELF – Do not bet the students if 95% pass the state test that you will wear a Tutu, especially if your Step Daughter works for the Evening News Anchor. I had 100% pass and 40% get Commended. Another highlight was getting to teach at Seagoville Middle School and having some of my students be the children of some of my classmates from Seagoville HS. What a blessing that was.

I now teach at “The” Barack Obama Male Leadership Academy in the Dallas ISD AND I LOVE IT! Our main philosophy here is that we “TEACH AND THEN TEST, WE DO NOT TEACH TO THE TEST”. Our school mission statement is “Develop young men into impactful leaders through the development of their intellectual, moral, physical, social and emotional skills for the global society of tomorrow”. We have all made a commitment to this – teachers, parents and students – and it works. As our Principal, Nakia Douglas, is quick to tell people – “We are who we are and we make no excuses about it”. Parents, Teachers and Students coming together to ensure the student has the best education possible, not only while they are her but getting them prepared for what is to come.

Carol Alexander is an Educational Consultant who served as a project director and co-creator of a web site for youth for the San Jose, CA Police Department and program coordinator/liaison for the law related education program between the Santa Clara County District Attorney’s Office and the San Jose Unified School District. She is the author of several math books for elementary teachers. She currently is the National Federation of Republican Women’s Literacy Committee Chairman and volunteers for Mt. Evans Hospice in Colorado.

Nancy Arnold has been an elementary teacher for more than 30 years, and continues to teach 4th, 5th, and 6th grade Honors Creative Writing at Benchmark School in Phoenix AZ. She is also the author of Patriotic Pups, a children’s book about George Washington and some of his fellow Patriots. As part of her mission to inspire patriotism and to teach about the founding fathers and mothers, Nancy dresses as Martha Washington and presents a historical program at schools and civic organizations. Nancy and her husband have two grown children and two grandchildren. She is delighted to be associated with Constituting America, and to have had a student win one of the poetry sections in last year’s contest.

Melissa Bell began her teaching career in 1991, and has taught on the grammar, middle, high school, and college levels. She holds a Bachelor of Arts in English and a Master of Arts in English Language and Literature from Mississippi College. She became a member of the ECCS faculty in 2004. She and her husband, Wally, have three children–Bonnie, Drury, and Charlie–all of whom attend ECCS. The Bells attend Evangel Church.

When she is not in the classroom or principal’s office, Mrs. Bell enjoys scrapbooking and reading. Her favorite scripture is Ecclesiastes 5:18-19, “Then I realized that it is good and proper for a man to eat and drink, and to find satisfaction in his toilsome labor under the sun during the few days of life God has given him—for this is his lot. Moreover, when God gives any man…his lot and enables him to enjoy it, to accept his lot and be happy in his work—this is a gift of God.”

“Coming to Evangel was a life-changing move for me and my family. At Evangel, we are confident that our children are being taught in a manner that reinforces our Christian values and our philosophy of education. Also at Evangel, I have found a work environment that is unlike any other I have ever experienced. The level of support that teachers are afforded here by our Principal, our Board, and our parents, along with the absolute integrity and order with which all matters are approached, make ECCS a truly wonderful place to teach.”

Carole Challoner was born in Honolulu, Hawaii. As a child she traveled the world with her family while her father served proudly in the United States Air Force. The military lifestyle instilled an appreciation and love of country.

Her father’s 21 years of service in the military came to an end and they made Arizona their permanent home. Arizona State University provided Carole with the tools to become a teacher and begin “inspiring youth”. After teaching for a few years she married and had two wonderful boys to keep her busy. When her boys reached school age Carole went back to teaching. In 1998, she and three fellow teachers founded a charter school, Benchmark Elementary and Preschool. Benchmark is every teacher’s dream. The school continues to be recognized as one of the high performing schools in the state of Arizona.

Love of country, love of learning, and love of community is a daily lesson for all Benchmark students. They are the foundation for producing productive, caring adults.

Barbara (Bobbie) Darroch is a Charter Holder and co-Principal of Benchmark Elementary School in Phoenix, Arizona. It was exciting when one of our sixth grade students won “Best Poem grades 3-6” last year.

As an American she had the privilege of growing up as a child of the world. Her dad was an engineer with an international construction firm so they lived and worked in local communities. When she was in first grade in Johannesburg, South Africa she was taught the third verse to the Star Spangled Banner and the Preamble to the American Constitution with all her Afrikaner classmates. (Interesting that our Preamble spoke to that teacher.) Her Jr. High and High School years in Pakistan, Columbia, Lebanon and Iran really brought home what unique freedoms and opportunities were afforded to Americans that others did not have. Flying into New York City and seeing the Statue of Liberty in the harbor; hearing the Star Spangled Banner; celebrating the 4th of July always makes her heart swell with pride. She is thrilled to be a part of this organization dedicated to educating the youth and adults of our country about the importance and relevance of our Constitution.

James Ingram received his Bachelors of Science from Texas Wesleyan University and a Masters of Education from Texas Christian University. He celebrated 34 years of teaching the fifth grade at Eagle Mountain Elementary in Fort Worth, Texas. During his time there, he was the first recipient of the Elementary District Teacher of the Year award and the Extended Service Award from the Eagle Mountain Elementary PTA. In February of 2007, Mr. Ingram was honored by the Saginaw Area Commerce with the Educator of the Year Award and in May of 2007, the school board passed a resolution to rename the performance stage at the elementary school in honor of Mr. Ingram’s retirement.

In his 34 years, Mr. Ingram taught over 2,000 students. During his tenure he put on many theatrical productions with his students. He began this journey with historical musicals such as 1776, Camelot, and Shenandoah. Janine Turner made her debut on his stage as Martha Jefferson in one of his productions of 1776. His experience culminated in the much-anticipated William Shakespeare’s Romeo and Juliet; a project that had been 25 years in the making. Mr. Ingram is pleased to continue influencing future generations as he joins the Education Advisory Board.

Alyssa Lombardi spent her childhood in Minnesota, moving out east to attend Christendom College in Front Royal, VA. Upon graduating with a B.A. in History, she began teaching at St. Louis School in Alexandria, VA, and remained there for six years. In 2009, she began a new career as a civilian in the United States Coast Guard, as an analyst for the National Pollution Funds Center. Her hobbies include reading, writing, drawing, and simply being active. In her free time, she coaches JV softball for Bishop Ireton High School in Alexandria, VA, and plays on two other softball teams– one for the USCG and another for Fairfax County, VA.

Tim Seymore is the Superintendent of Jayton-Girard Independent School District in Jayton, Texas. In addition, he is the founder of www.wybo.co, a website dedicated to the lost art of “Working Your Butt Off!” He has a wonderful wife, Mandy, and two great kids, Shelby, 17 and Joshua, 14. Running a government entity, while at the same time espousing the necessity of returning to the constitutionally mandated, limited government that our forefathers had in mind, sometimes presents its challenges for Tim. Balancing the need to receive adequate funding from limited tax dollars, while at the same time trying to meet all the mandates the bureaucracy places on the schools is a difficult, but worthy task. Whenever decisions must be made in reference to the aforementioned dilemma, one must remember, “The Kids Must Come First!”

Bill Shelnutt is the Head of Preparatory School at Mt. Pisgah Christian School in the Atlanta suburb of Johns Creek, Georgia. He is a life-long learner and lover of history. Bill is a graduate of Buffalo State University, and has earned both a Master’s Degree in Educational Leadership and an MBA from Oglethorpe University and Reinhardt University respectively. Bill believes, as John Adams did, that “children should be educated and instructed in the principles of freedom”, and to that end he strives to ensure that his students understand our country’s founding documents in order to be more informed and enlightened citizens of our great nation. Bill and his wife have twin toddlers and they enjoy the outdoors and spending time together at home or traveling.

John Whitehurst was born in Poughkeepise, New York, but raised in Marietta, Georgia where he graduated from Walton High School. He earned in BA in history and English from Georgia Southern University in Statesboro, Georgia and is currently working on his MA in history from Georgia State University in Atlanta, Georgia. He has taught history, political science, economics, and English for the past fourteen years at private schools in metropolitan Atlanta. He is currently the history department head at Mount Pisgah Christian School in Johns Creek, Georgia where he teaches US history and AP US history as well as sponsoring student government and the student honor council.

Horace Cooper is a writer and legal commentator. He has appeared on CNN, MSNBC and Fox as well as in a variety of print publications. He is also a Research Fellow with the National Center for Public Policy Research, a Senior Fellow with the Heartland Institute and the Director of Law and Regulation at the Institute for Liberty. From June 2005 – June 2007 he was a visiting assistant professor of law at George Mason University School of Law. While at GMUSL his research focus was on U.S. intellectual property rights policy, the role of the United States Supreme Court in the American constitutional system, political forecasting, the legislative process and federal labor law.

Mr. Cooper has served in senior capacities in the George W. Bush Administration including stints as chief of staff at the Voice of America and the Dept of Labor’s Employment Standards Administration. Horace Cooper previously served as Counsel to the Honorable Richard K. Armey, (Majority Leader of the United States House of Representatives from 1994 – 2002). Mr. Cooper’s interests include current issues involving law and American society, political forecasting, and the changing makeup of the United States Supreme Court.

Jeffrey Reed, founder, music director and conductor of Orchestra Kentucky, also served as music director of the Murfreesboro (TN) Symphony from 2007-2010. He made his European conducting debut in 2003 with the St. Petersburg (Russia) State Symphony and the St. Petersburg Orchestra of Popular Classical Music. In 2006 and 2010, he guest conducted the Charleston Symphony Orchestra in the grand finales of the City of Charleston’s Piccolo Spoleto Festival. In 2007, Reed had the honor of being the first American to conduct the Busan Sinfonietta of Busan, South Korea. He is a 2008 recipient of the Jefferson Award for outstanding public service.

Born in Goshen, Indiana, Reed holds a Masters degree in conducting from the University of Iowa and a Bachelors degree in music education from the University of Louisville. He has also completed graduate work in philosophy and religion and holds a Juris Doctorate from the University of Louisville. He practiced law for nearly ten years before becoming a full-time orchestra conductor. He also served as an instructor at Western Kentucky University, where he taught Criminal Constitutional Law.

Mr. Roff has more than two decade’s experience navigating Washington’s highways and byways, both in and out of government and is currently a contributing editor at U.S. News & World Report, where he writes for the magazine’s “Thomas Jefferson Street” blog and a senior fellow at the non-partisan Institute for Liberty.

At one time the political director of Newt Gingrich’s GOPAC, Mr. Roff planned and directed political education programs training candidates for public office and political activists. Leaving politics for a career in journalism, Mr. Roff spent five years as the senior political writer for United Press International. While at UPI he worked on some of the biggest political stories of the 20th century — including the September 11, 2001 terrorist attacks and the election of George W. Bush in one of the narrowest political contests in U.S. history.

A frequent commentator on politics and public issues, Mr. Roff has appeared on a variety of radio and television programs including “CBS News Overnight,” “Politically Incorrect with Bill Maher,” “The Dennis Miller Show,” “Hannity & Colmes,” “The O’Reilly Factor,” “C-SPAN’s Washington Journal,” and even once appeared as himself on the hit ABC comedy “Spin City.”

Mr. Roff has been quoted in major publications including USA Today, The New York Times, the online version of The Wall Street Journal, The Washington Times, The Christian Science Monitor, and National Review.

A 1988 graduate of The George Washington University, Mr. Roff has lived in Northern Virginia for much of the last 25 years along with his children and his beagle Shaggie.

Steven H. Aden serves as senior legal counsel with the Alliance Defense Fund in its Washington, D.C., office, where he heads litigation efforts to defend the sanctity of human life. Joining ADF in 2008, Aden is admitted to the bars of the District of Columbia, Virginia, and Hawaii (inactive). He is also a member of the bars of the U.S. Supreme Court and numerous federal circuit and district courts. He has practiced law since 1990 and earned his J.D. from Georgetown University Law Center.

William B. Allen, Emeritus Professor of Political Philosophy in the Department of Political Science and Emeritus Dean, James Madison College, at Michigan State University. 2008-09: Visiting Senior Scholar in the Matthew J. Ryan Center for the Study of Free Institutions and the Public Good at Villanova University. He also served previously on the National Council for the Humanities and as Chairman and Member of the United States Commission on Civil Rights. He was recently the Ann & Herbert W. Vaughan Visiting Fellow in the James Madison Program on American Ideals and Institutions at Princeton University.

He has published extensively. Some of his books include Re-Thinking Uncle Tom: The Political Philosophy of H.B. Stowe, George Washington: America’s First Progressive, and The Personal and the Political: Three Fables by Montesquieu. He previously published many other books, journal articles, reviews and encyclopedia entries, including articles in American Journal of Jurisprudence; American Political Science Review; Cardozo Journal of International and Comparative Law; College Teaching; Educational Researcher; Interpretation: A Journal of Political Philosophy; Proceedings: Statistics, Science and Public Policy; Publius: The Journal of Federalism; The Good Society: A PEGS Journal; Rutgers Law Review; and San Diego Law Review.

Dr. John Baker is Distinguished Scholar in Residence at the Catholic University of America Law School. He is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He has also taught for Georgetown University Law School, Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas. He has been a Visiting Professor at the University of Lyon III (France) since 1999 and has lectured at universities and research institutes in Argentina, Austria, Brazil, Croatia, Slovenia, Vietnam, and the Philippines, where he was a Fulbright Fellow (2006). Professor Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London.

In addition to law review articles and book chapters, Dr. Baker’s academic publications include: Hall’s Criminal Law: Cases and Materials and An Introduction to the Law of the United States. He has also published a number of times in The Wall St. Journal. Dr. Baker was a co-founder of Stratfor Inc. He co-authored its first book: The Intelligence Edge.

While a professor, he has been as a consultant to USAID, USIA (now part of the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House.

Daren Bakst, Esq., is Director of Legal and Regulatory Studies for the John Locke Foundation. In this position, he analyzes and writes about a wide range of issues, including constitutional law, property rights, and regulatory reform.

His op-eds and quotes have appeared in outlets such as the Wall Street Journal, Washington Times, USA Today, National Review Online, AOL News, American Enterprise Online, American Thinker, Chronicle of Higher Education, and The Charlotte Observer. Bakst serves on the Federalist Society’s Administrative Law and Regulation Executive Committee and he is an adjunct professor at Barton College, teaching business law.

Prior to joining the Foundation, Bakst was Policy Counsel for the National Legal Center for the Public Interest in Washington, DC., which recently merged into the American Enterprise Institute.

In 1998, Bakst founded the Council on Law in Higher Education (CLHE), an independent nonprofit organization that analyzes timely legal challenges facing colleges and universities. He still serves as president of CLHE.

A licensed attorney, Bakst earned his J.D. from the University of Miami and his LL.M. in Law and Government from American University, Washington College of Law. Both his B.A. and M.B.A. are from The George Washington University.

James Best is the author of The Shopkeeper,Leadville, Tempest at Dawn, The Shut Mouth Society, and The Digital Organization. James has ghost-written two books, two regular magazine columns, and numerous journal articles. As a conference speaker, he has made presentations throughout North America and Europe.

James has been the COO of Vista Software, The Scottsdale Center for Business Technology, and Grand Circle Corporation. He was chairman of the Curriculum Advisory Committee for College of the Canyons, and a member of the Curriculum Advisory Committee for California State University, Northridge

James now writes full time and lives with his wife, Diane, in Paradise Valley, Arizona.

David J. Bobb is founding director of the Hillsdale College Allan P. Kirby, Jr. Center for Constitutional Studies and Citizenship, in Washington, D.C. He also serves as a lecturer in political science at Hillsdale, where he teaches courses in American politics to students participating in the Washington-Hillsdale Internship Program.

From 2001-2010 Bobb also served as founding director of the Charles R. and Kathleen K. Hoogland Center for Teacher Excellence, a national civic education program of Hillsdale College. Having earned a Ph.D. in the department of political science at Boston College, Bobb is the recipient of Earhart and Bradley Foundation fellowships, a Weaver Fellowship from the Intercollegiate Studies Institute, and a Publius Fellowship from the Claremont Institute. Formerly he was a research associate at the Boston-based Pioneer Institute for Public Policy Research. He has authored reviews and articles in the Washington Times, Boston Herald, Claremont Review of Books, American Spectator, Perspectives on Political Science, and Modern Age. He is completing a book for publication later this year, Humility: How America Can Recover a Lost Virtue in an Age of Arrogance.

Ms. Janice R. Brenman is a former prosecutor who was in private practice in Los Angeles from 2001 to 2012 representing nearly 8,000 individuals in over 42 states. She has commented in major legal publications on the subject of legal reform and celebrity influence on the legal system. She has also appeared in medical malpractice, products liability, and complex civil litigation, and is well versed in all forms of discovery. From 1999 to 2000, Ms. Brenman was a City Prosecutor and Community Preservationist. She clerked for the Honorable Rupert J. Groh, Jr., of the United States District Court for the Central District of California. Ms. Brenman also worked researching, writing, and editing under a Nobel Prize winning laureate, trained for her first degree black belt with the World Organization, and is fluent in French, Italian, and Spanish, and English.

William Duncan is the director of the Marriage Law Foundation, a legal organization whose mission is providing legal resources in defense of marriage as the union of a husband and wife. He previously served as acting director of the Marriage Law Project at the Catholic University of America’s Columbus School of Law and a visiting professor at

Brigham Young University’s J. Reuben Clark Law School where he was executive director of the Marriage and Family Law Research Grant. He teaches family law to undergraduates at BYU as an adjunct professor.

Allison Hayward writes widely on election law topics and has been published in a variety of law journals and magazines, including the Harvard Journal of Legislation, Case Western Reserve Law Review, National Review, the Weekly Standard, Reason, the Journal of Law and Politics, Political Science Quarterly, The Green Bag, and the Election Law Journal. She held the position of Assistant Professor of Law at George Mason University School of Law from 2006 to 2010. Hayward has taught constitutional law, election law, ethics, and civil procedure. She was an associate at Wiley, Rein & Fielding in Washington, D.C. and Of Counsel at Bell, McAndrews & Hiltachk in Sacramento, California. Hayward was also Counsel to Commissioner Bradley A. Smith of the Federal Election Commission. Before attending law school, she served as staff in the California legislature and managed a state assembly campaign

She graduated from Stanford University with degrees in political science and economics, and received her law degree from the University of California, Davis. She clerked for Judge Danny J. Boggs of the United States Court of Appeals for the Sixth Circuit. Hayward is Chairman of the Federalist Society’s Free Speech and Election Law Practice Group. She also serves on the Board of the Office of Congressional Ethics. She is an active member of the California and Washington, D.C. bars.

Troy Kickler is Founding Director of the North Carolina History Project and Editor of northcarolinahistory.org. He holds an M.S. in Social Studies Education from North Carolina A&T State University and a Ph.D. in History from the University of Tennessee.

Kickler is currently editor of Nathaniel Macon: Collected Letters and Speeches. He is also writing Black Children and Northern Missionaries, Southern Conservatives, Freedmen’s Bureau Agents, and Freedmen in Reconstruction Tennessee, 1865-1869. He has contributed to the anthology Children and Youth during the Civil War Era (New York University Press, January 2012; James Marten, ed.).

He has presented numerous papers at various conferences and forums, including the American Political Science Association and the Bradley Institute for the Study of Christian Culture.

In addition to contributing to constitutingamerica.org, he has served as editorial assistant for the Journal of East Tennessee History and has written articles and reviews for such publications as American Diplomacy, Carolina Journal,Journal of Mississippi History, Tennessee Baptist History, Tennessee Historical Quarterly, and The Journal of the North Carolina Association of Historians. He has also contributed to Exploring American History: From Colonial Times to 1877; Encyclopedia of American Environmental History; and The Old West: Yesterday and Today.

Kickler also teaches at North Carolina State University.

Professor Joerg Knipprath teaches constitutional law, legal history, jurisprudence, and various business law courses at Southwestern Law School in Los Angeles.

Professor Knipprath’s family immigrated to the U.S. from Germany when he was 10. After high school, he attended Pomona College in Claremont, California, graduating magna cum laude with a major in government. After attending Harvard Law School for one year, he transferred to Stanford University. There, he obtained his law degree and completed the class work and written examinations towards a Ph.D. in political science.

After receiving his law degree, Professor Knipprath worked at Latham & Watkins, a large law firm in Los Angeles, doing business litigation and transactional work. After teaching three years in the undergraduate business law department at California State University, Northridge, he began working full-time at Southwestern Law School in 1986. Since it was established 10 years ago, he has twice received the Excellence in Teaching Award from the school’s students.

Professor Knipprath has published in law reviews and numerous newspapers and periodicals. He is the faculty adviser to the Federalist Society and the Christian Legal Society at Southwestern.

He is married to Michelle Knipprath and is the proud father of seven children.

Marc S. Lampkin has served in leadership positions on the Hill and in state government, in presidential campaigns, and in the private sector. Currently he works for Quinn, Gillespie and Associates. He has been quoted and appeared in numerous media outlets including the New York Times, Washington Post, Boston Globe, National Journal, The Hill, Roll Call, the AP, and Huffington Post.

During his tenure at Quinn Gillespie, he has been involved in several high profile and successful public advocacy campaigns. Most recently, Lampkin led the Strong American Schools 9SAS) issue advocacy campaign (2006-2009), a joint project funded by the Bill & Melinda Gates and the Eli and Edythe Broad Foundations. Lampkin organized and ran the Americans for Better Education (ABE) coalition (2001-2002), supporting President George W. Bush’s education reform plan.

Lampkin has held several senior positions in the United States Congress. He served as Policy Director for the late U.S. Senator Paul D. Coverdell (R-GA)(1999) and General Counsel for the House Republican Conference under then-Chairman John A. Boehner (R-OH)(1995-1998

In his own time, Lampkin has helped raise millions of dollars for nonprofits that support education options for parents and disadvantaged children. He serves on the Board of Directors of Horton’s Kids Inc. and the Boehner-Lieberman Dinner to benefit the Consortium of Catholic Academies in Washington, DC.

Lampkin is a graduate of the College of the Holy Cross in Political Science and Boston College Law School. Lampkin is married to Emily Kertz Lampkin and is the father of three young boys, Marc, Andrew, and James.

Andrew Langer is the President of the Institute for Liberty, an advocacy organization dedicated to fighting the petty tyrannies of government and protecting America’s right to be free. Mr. Langer came to IFL from the National Federation of Independent Business, where he headed that organization’s regulatory practice for six years.

He has testified before Congress nearly twenty times, and is routinely asked by foreign governments to consult on making improvements to their small business sectors.

For the last two years, Mr. Langer has been a leader in the Tea Party Movement. He has spoken at tea party events across the nation, and his organization was a national sponsor of the first 912DC March on Washington, Mr. Langer was a speaker at that event.

The son of an environmental scientist and an epidemiologist, Langer attended the College of William and Mary in Virginia, where he received a BA in International Relations. He also holds a Masters in Public Administration from Troy State University. Mr. Langer’s writings have appeared in both national and international publications. He frequently appears on talk radio programs throughout the country, and has appeared on CNN, Fox News, MSNBC, and Al Jazeera. He is currently authoring a book entitled, “The War on Small Business”.

Will Morrisey holds the William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College, Hillsdale, Michigan, where he has taught since 2000.

Born and raised in Rumson, New Jersey, he received his A. B. from Kenyon College, graduating summa cum laude in 1973 with a double major in political science and English. He received his M. A. in Liberal Studies in 1998 from the New School for Social Research and his Ph. D. in 2002, also from the New School, where he received the Hannah Arendt Memorial Award in Politics for his dissertation on the political thought of the American presidents of the founding and Civil War periods.

He served as legislative aide to New Jersey State Senator Thomas Gagliano; Assistant for Communications, Office of the Executive Director, NJ Transit Corporation; and as Executive Director of the Monmouth County (NJ) Historical Commission.

Dr. Morrisey is the author of eight books on statesmanship and political philosophy, including studies of Charles de Gaulle, André Malraux, moral relativism, culture and commercial republicanism, pacifism, and regime change. His most recent book, The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government, is the companion volume to his previous book, Self-Government, The American Theme: Presidents of the Founding and Civil War (Lexington Books, 2004). He is currently working on a study of the geopolitical strategies of Winston Churchill and Charles de Gaulle.

His articles and book reviews have appeared in The New York Times, The Washington Times, The American Political Science Review, Social Science and Modern Society, and Interpretation: A Journal of Political Philosophy, of which he has served as an editor for thirty years.

Joseph Postell is Assistant Professor of Political Science at the University of Colorado-Colorado Springs. He is the co-editor, with Bradley C.S. Watson, of Rediscovering Political Economy. His current research focuses primarily on the constitutional issues and the growth of the administrative state. His articles have appeared in a variety of academic and popular outlets, including the Claremont Review of Books and the Washington Times.

Charles K. Rowley is a Duncan Black Professor of Economics at George Mason University and General Director of The Locke Institute.

He has written nine books with his most recent book Never Let A Good Crisis Go To Waste just published by The Locke Institute in December 2010. He has also edited 32 books and published some 200 papers in such scholarly journals as The Journal of Political Economy, The Economic Journal, The Journal of Law and Economics, The Journal of Legal Studies, The Journal of Public Economics, Public Choice, Economica, The International Review of Law and Economics, The Journal of Institutional and Theoretical Economics, The Washington University Law Quarterly and The Independent Review, as well as in edited books.

He was born in Southampton England, taught at the Universities of Nottingham, Canterbury, York and Newcastle Upon Tyne, and held summer fellowships at the Center for Socio-Legal Studies, Oxford University, prior to migrating to the United States to join Jim Buchanan and Gordon Tullock at the Center for Study of Public Choice in December 1983. He co-edited Public Choice between May 1990 and July 2007. He was a Founding Editor of The International Review of Law and Economics from 1980-1987.

Kyle Scott, PhD, teaches American politics at the University of Houston. He has authored three books. In addition to his books he has authored numerous scholarly articles, served as a guest blogger and spoken to audiences of all levels. Kyle taught and coached at high schools in Texas before receiving his Ph.D. in 2005 from the University of Houston. Kyle has taught American Politics, Political Theory, and Public Law at Miami University, University of North Florida, and the University of Houston. In all of his work Kyle seeks to understand how a society can order itself in order to produce justice, liberty, and virtuous citizenry. His current projects pursue these ideals in the political arena as well as in private and public sector management in an effort to reduce conflict that can result from ethnic and cultural differences.

Kyle is also involved in the North Carolina History Project, American Political Science Association, Midwest Political Science Association, Southern Political Science Association, Reviewer for the “Political Research Quarterly” and “Polis.”

Julia D. Shaw studies and writes about American political thought as research associate and program manager for The Heritage Foundation’s B. Kenneth Simon Center for American Studies. Her subjects include the American founding, progressivism and modern conservatism.

Shaw also oversees the content of Heritage’s First Principles educational programming, from the Congressional Fellows and James Madison Fellows programs on Capitol Hill to the internal lecture series of the Center for American Studies.

She is editor of New Common Sense, the weekly e-newsletter of the First Principles initiative, and a contributor to The Foundry, Heritage’s rapid-fire policy blog.

A Texas native, Shaw received a bachelor’s degree in politics from the University of Dallas, where she graduated second in her class and summa cum laude. She won the Willmoore Kendall Award in Political Philosophy, given to the top student in the Politics Department. Shaw also was a Hatton Sumners Fellow through the University of Dallas, a Publius Fellow at the Claremont Institute and a Fellow at the American Enterprise Summer Institute.

She and her husband currently reside in Washington, D.C.

Colleen A. Sheehan is Professor of Political Science at Villanova University, Director of the Ryan Center for Free Institutions and the Public Good, and has served in the Pennsylvania House of Representatives. She is author of James Madison and the Spirit of Republican Self-Government(Cambridge University Press, 2009), co-editor of Friends of the Constitution: Writings of the Other Federalists 1787-1788, and author of numerous articles on the American Founding and eighteenth century political and moral thought which have appeared in journals such the William and Mary Quarterly, American Political Science Review, Review of Politics, and Persuasions: The Jane Austen Journal. She is currently completing a book on Madison’s Voyage to the World of the Classics.

Matthew Spalding serves as Director of the B. Kenneth Simon Center for American Studies at The Heritage Foundation. He also serves as project leader of Heritage’s First Principles initiative. The overall objective of First Principles is to reorient the nation’s politics and public policy to the enduring principles of the American founding.

In his latest book, We Still Hold These Truths: Rediscovering Our Principles, Reclaiming Our Future Spalding details America’s core principles, shows how they have come under assault by modern progressive-liberalism and lays out a strategy to recover them.

Spalding is executive editor of The Heritage Guide to the Constitution, a line-by-line analysis of each clause of the U.S. Constitution. His previous books as author or editor include A Sacred Union of Citizens: Washington’s Farewell Address and the American Character; Patriot Sage: George Washington and the American Political Tradition; and The Founders’ Almanac: A Practical Guide to the Notable Events, Greatest Leaders & Most Eloquent Words of the American Founding.

Spalding is a graduate of Claremont McKenna College. He earned a doctorate in government from Claremont Graduate School and has taught American government at George Mason University, the Catholic University of America and Claremont McKenna College. He is an adjunct fellow of the Kirby Center for Constitutional Studies and Citizenship at Hillsdale College.

Spalding’s work on The Heritage Guide to the Constitution earned him Heritage’s prestigious W. Glenn and Rita Ricardo Campbell Award in 2006. Spalding and his wife, Elizabeth, have two children. They live in Arlington, VA.

Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of telecommunications and high-tech industries.

Mr. Spiwak is a prolific author whose scholarly work is frequently cited by policymakers, major news media and academic journals around the world. Mr. Spiwak is also currently listed among the top 2% of authors downloaded on the Social Science Research Network.

Mr. Spiwak received his B.A. from the George Washington University in 1986 (Special Honors, Middle Eastern Studies) and his J.D. from the Benjamin N. Cardozo School of Law in 1989, where he was the international law editor of the Cardozo Moot Court Board and served on the National Moot Court Team. While in college, Mr. Spiwak was selected to participate in the White House’s Presidential Stay in School Program, where he was responsible for delivering classified material among senior Reagan Administration Officials.

A third generation Washingtonian, he, his wife and their daughter live in North Bethesda, MD.

Born in New York City and raised on Long Island, Paul Teller graduated in 1993 from Duke University in Durham, NC, where he got his B.A. in political science. Paul has worked for The Washington Times–National Weekly Edition, the National Center for Public Policy Research, the College Republican National Committee, the Bush/Quayle ‘92 campaign, and the American Enterprise Institute. After completing his undergraduate work, he went right into American University’s Ph.D. program as a Dean’s Scholar in political science, which he completed in 1999.

Shortly afterwards, he became a professional staff member for the Committee on House Administration under Rep. Bill Thomas (R-CA) in the U.S. House of Representatives. In early 2001, Paul joined the staff of the House Republican Study Committee (RSC), where he has done legislative research, analysis, and strategy, as well as coalitions and communications work across a broad range of issues. Now as the RSC’s Executive Director (serving under his sixth RSC chairman) and the Conservative Movement’s point-man on the House side, he sets and implements strategy for the RSC’s policy, communications, and coalitions efforts. The Washington Post recently described Paul as “one of the most influential conservative aides in Congress.”

Paul also helped found, and continues to advise, the House Conservatives Fund. Additionally, Paul was the Senior Policy Advisor in 2004 for Bill Spadea for Congress (New Jersey-12) and was the President of the Duke Club of Washington from 2008-2010 (and still serves on the Club’s board of directors).

Paul and his wife, Maxine, are the proud parents of a 7-year-old girl and a 4-year-old boy.

Guest Essayist: Joerg Knipprath

During the Senate hearings on his nomination to the Supreme Court, Judge Neil Gorsuch commented, “Justice [Antonin] Scalia’s legacy will live on a lot longer than mine.” Whether or not this is a prophetic remark is too early to tell. However, Judge Gorsuch’s statement recognizes the enormous impact that Scalia has had–and will have–on American constitutional law.

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Guest Essayist: Daniel A. Cotter

Lawrence v. Texas (2003), United States v. Windsor (2013) and Obergefell v. Hodges (2015): The June 26th SCOTUS Trifecta by Justice Anthony Kennedy

On June 26, 2015, the Supreme Court of the United States held a special Friday session the week before end of term to announce its decision in Obergefell v. Hodges, in which the Court held that the “Fourteenth Amendment requires a State to license a marriage between two people of the same sex.”  The Obergefell opinion marks the third of three June 26th Supreme Court decisions since 2003 recognizing human rights and protections for gay people. All three were authored by Justice Anthony Kennedy, making him a hero in the LGBT community.

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Guest Essayist: Tony Williams

Before the 1960s, all states had stringent laws banning abortions.  The women’s movement of the 1960s demanded access to abortion as one of the rights of women. Abortion rights activists began working at liberalizing state laws on abortion since it was a state issue in the federal system.  The advocacy successfully chipped away at several laws, though by the time of Roe v. Wade in 1973, roughly forty states still had strong laws against abortion.

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Guest Essayist: Joerg Knipprath

In June, 1961, the Supreme Court declined to rule on the constitutionality of an 1879 Connecticut law that prohibited the use of contraceptive devices for the purpose of preventing pregnancy, as well as the counseling of such use. The law applied to married and unmarried couples. However, the law had apparently only been enforced once, in 1940, in a test case, where the charges were dismissed after the state supreme court upheld the law. In the more recent challenge, Poe v. Ullman, two couples and their doctor from the Yale University Medical School sought a declaratory judgment that the statute was unconstitutional. The Supreme Court noted that there had been no threat of prosecution by the state, the statute had not been enforced in the past, and contraceptives were freely sold in Connecticut drugstores, so that the case lacked the genuine dispute required by the Constitution for federal court action. Several justices dissented, one of whom, Justice John Marshall Harlan II, would pave the way for the next challenger.

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Guest Essayist: Daniel A. Cotter

Justice William J. Brennan, Jr. (1906-1997): An Associate Justice Who Led the Court and Which is Often Referred to as The Brennan Court

On July 20, 1990, Associate Justice William J. Brennan, Jr. resigned from the Supreme Court of the United States, after serving nearly 34 years (including three months with a recess appointment and two months while his nomination was confirmed).  Only five justices served longer on the Supreme Court and only one justice wrote more opinions.  Brennan was an election year appointment by President Dwight Eisenhower.

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Guest Essayist: Gennie Westbrook

A group of well-known civil rights leaders ran a full-page advertisement, “Heed Their Rising Voices,” in the New York Times on March 29, 1960. The ad described an “unprecedented wave of terror” in police attacks and other government sponsored oppression against peaceful demonstrators in Montgomery and other southern cities. The ad closed with a plea for readers to provide both moral support and financial donations to sustain the civil rights movement because America’s “good name hangs in the balance before a watchful world, the America whose heritage of Liberty these Southern Upholders of the Constitution are defending, is our America as well as theirs.”

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Guest Essayist: Daniel A. Cotter

Hugo Black (1886-1971): The Justice with the Plain Meaning Approach

Hugo Black served more than thirty-four years on the Supreme Court, the fifth longest tenure in the Court’s history.  During his time on the Court, Black developed a reputation as a justice who strongly believed the United States Constitution was to be given its plain and original meaning.

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Guest Essayist: State Representative David Eastman

Is Advocating the Violent Overthrow of the United States a First Amendment Right?

On June 22nd 1940, France surrendered to Germany, and the U.S. House of Representatives passed the Smith Act the very same day. It was believed that the rapid fall of France was due in no small part to subversion by communists allied with Germany. There was concern that U.S. entry into the war might lead to similar subversive plots taking place here in the United States. Most prominently, the Smith Act made it illegal to advocate the violent overthrow of the U.S. government or to form an organization for that purpose. Read more

Guest Essayist: Daniel A. Cotter

Chief Justice William Howard Taft (1857-1930): The Only Former President to Serve on the Supreme Court of the United States

When Chief Justice Edward White died in May 1910, President Warren G. Harding immediately turned to former President William Howard Taft, who had appointed White to the Supreme Court, to succeed White.  Taft served on the Supreme Court for just less than ten years until his resignation on February 3, 1930. Charles Evans Hughes, another justice whom Taft had appointed to the Supreme Court, replaced Taft as Chief Justice, serving in that role from 1930 to 1941. This column explores William Howard Taft’s career and his Supreme Court tenure and legacy.

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Guest Essayist: Gennie Westbrook

Benjamin Gitlow and Clarence Brandenburg would seem to have had little in common, but each was responsible for bringing a case that resulted in an important revolution in interpreting the meaning of free speech.

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For more information on the United States Constitution, our Founding Fathers and National Constitution and Citizenship Day on September 17, check out these websites!

American Historical Theatre: http://ahtheatre.org/america/

The Civics Renewal Network: http://www.civicsrenewalnetwork.org/

National Archives Charters of Freedom-Explore our Founding Documents!
http://www.archives.gov/exhibits/charters/

Federalist Papers: Primary Documents in American History – The Library of Congress Researchers – Virtual Programs and Services
http://www.loc.gov/rr/program/bib/ourdocs/federalist.html

The Constitutional Sources Projects (includes links to the United States Constitution, Federalist Papers, the Papers of John Adams, George Washington, George Mason and much more!)
http://www.consource.org/

Constitution and Citizenship Day-Library of Congress
http://www.loc.gov/law/help/commemorative-observations/constitution-day.php

United States Department of Defense Constitution Day and Citizenship Day Website
http://constitutionday.cpms.osd.mil/

United States Office of Personnel Management Constitution Initiative
http://www.opm.gov/constitution_initiative/

Constitution for Kids sponsored by the Dirksen Congressional Center
http://www.congressforkids.net/Constitution_index.htm

Constitution Day.com
http://www.constitutionday.com/

Constitution Facts.com
http://www.constitutionfacts.com/

Constitution Day 2010 at Constitution Facts.com – Constitution Activities and Lesson Plans
http://www.constitutionday.cc/

National Constitution Center-Constitution Day
http://www.constitutioncenter.org/ncc_progs_Constitution_Day.aspx

The Law Related Education Department of the State Bar of Texas – http://www.texaslre.org/
–Lesson Plans & Curriculum –http://www.texaslre.org/lps.html
–Games – http://www.texaslre.org/games.html

Patriot Week
http://www.patriotweek.org/

Edward M. Kennedy Institute for the United States Senate
https://www.emkinstitute.org/

George Washington’s Mt. Vernon Estate and Gardens
http://www.mountvernon.org/

James Madison’s Montpelier
http://www.montpelier.org/

The Heritage Foundation – First Principles
http://www.heritage.org/Initiatives/First-Principles

The Allan P. Kirby, Jr. Center for Constitutional Studies and Citizenship of Hillsdale College
http://www.hillsdale.edu/kirbycenter/

Hillsdale College Constitution Townhall – Five Hour Seminar – “Reviving the Constitution” – Watch online for free!
http://www.tvworldwide.com/events/hillsdale/100130/

The Gilder Lehrman Institute of American History – The Founding Era
http://www.gilderlehrman.org/institute/era_founding.php

Liberty Day
http://www.libertyday.org/

The Bill of Rights Institute
http://www.billofrightsinstitute.org/

National Paralegal College’s Primer on Constitutional Law & Criminal Procedure
http://nationalparalegal.edu/conLawCrimProc_Public/menu_conLawCrimProc.asp

American Heritage Girls – http://www.americanheritagegirls.org/– AHG Program Alliances: Heritage Frontier Program – “Our Constitution” badge opportunity in partnership with Constituting America’s “We The Future Contest” http://www.americanheritagegirls.org/program/alliances/program-alliances/

 

Guest Essayist: Jeffrey Sikkenga

The late 19th and early 20th Centuries saw the passage of a number of state and federal laws allowing prosecutions for political speech that advocated or implied violence against government. In 1917 and 1918, for example, Congress passed the Espionage Act, the first major federal law against seditious speech since the Sedition Act of 1798.

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Guest Essayist: Tony Williams

“Almighty God, we beg Thy blessings upon us, our parents, our teachers, and our country:” Engel v. Vitale (1962)

In the Everson v. Board of Education of Ewing Township (1947), the Supreme Court decided that it was constitutional for the state of New Jersey to reimburse parents for the cost of bus transportation, even to a parochial school. In rendering the decision, the Court attempted to use evidence from the nation’s founding to prove that there was a “wall of separation between church and state.”

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Guest Essayist: Joseph Knippenberg

In Engel v. Vitale (370 U.S. 421 [1962]), the Supreme Court took up the question of school prayer and rejected as unconstitutional the New York state practice of beginning each school day with the recitation of the Regent’s Prayer.  It was the first of a series of decisions regarding public prayer that included rejecting recitation of the Lord’s Prayer and the reading of bible verses in schools (Abingdon v. Schempp [1963]), rejecting invocations and benedictions at public school graduation ceremonies (Lee v. Weisman [1992]), rejecting student-led prayer at high school football games (Santa Fe Independent School District v. Doe [2000]), implicitly and conditionally upholding a moment of silence at the beginning of the school day (Wallace v. Jaffree [1985]), and upholding prayer at legislative and other public meetings (Marsh v. Chambers [1983] and Town of Greece v. Galloway [2014]).  While the Court’s doctrine has developed over time—above all, in explicitly distinguishing prayer in schools from prayer in other public settings—many of the issues and many of the problems in its jurisprudence were already evident in this first case.

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Guest Essayist: Daniel A. Cotter

Justice Oliver Wendell Holmes, Jr. (1841-1935): The Oldest Justice at Retirement from the Supreme Court

I, Justice Oliver Wendell Holmes, Jr., after serving as a Massachusetts Supreme Court judge for twenty years, was nominated to a vacancy on the Supreme Court of the United States and served for almost thirty years on the highest court in the nation, retiring at age 90.  Justice Holmes took his seat on the United States Supreme Court in 1902, at the age of 61, becoming the 58th Justice of the Supreme Court, and one of the most quoted justices in the Supreme Court’s history as well as one of the best known of the justices.
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Guest Essayist: Joerg Knipprath

“Congress shall make no law…abridging the freedom of speech, or of the press ….” Though there is some debate over its original meaning, the First Amendment is commonly thought to have prohibited administrative prior restraint on public speaking or writing. Still, a speaker or publisher was responsible for the consequences of his words. If the words were, broadly speaking, directed to incite people against the established authority of the government, it was common to punish such spoken words as sedition and printed words as seditious libel.

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Guest Essayist: Tony Williams

“A Puzzle Inside an Enigma: Untangling Affirmative Action”

In Regents of the University of California v. Bakke (1978), the Supreme Court invalidated fixed quota systems for affirmative action as a remedy for historic racism, but decided that using race as a factor in college admissions was constitutional. It was a confusing decision with a 4-4-1 vote with the justices all concurring in part and dissenting in part (and resulting in a 5-4 decision). Bakke did very little to settle the constitutionality of affirmative action or even to clarify the issue—indeed, it only confused the issue further.

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Guest Essayist: Gennie Westbrook

The 1950s and 1960s saw significant gains for civil rights of African Americans. In the 1950s, the U.S. Supreme Court ordered public schools desegregated and the non-violent civil rights movement led by Dr. Martin Luther King, Jr. kept the continuing disadvantages faced by African Americans in the public eye. In the 1960s, federal laws protecting civil rights, voting rights, and housing rights began to chip away at the injustices resulting from racial prejudice and discrimination. In the 1970s the movement continued, focusing on additional perplexing questions related to the constitutional principle of equality in employment and college admissions.

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Guest Essayist: Daniel Cotter

Earl Warren: The Governor from California Becomes The 14th Chief Justice

Nine chief justices and nearly 120 years separate John Marshall from Earl Warren.  While each chief has influenced the Supreme Court and helped to shape its history, Warren and Marshall are often mentioned together as the greatest of the 17 chiefs.  This column explores Earl Warren’s career and his Supreme Court tenure and legacy.
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Guest Essayist: Tony Williams

Brown v. Board of Education of Topeka (1954)

In December 1952, African-American lawyer Thurgood Marshall appeared before the Supreme Court representing a seven-year-old black girl from Topeka, Kansas named Linda Brown who had to ride the bus to her segregated black school instead of walking to the neighborhood school.  Marshall and other NAACP Legal Defense Fund lawyers were there for three days of oral arguments in five consolidated cases dealing with segregated schools.  Three hundred spectators packed the hearing room while four hundred anxiously waited in the corridors.

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Guest Essayist: Robert Lowry Clinton

United States v. Carolene Products Co. 304 U. S. 144 (1938)

This case belongs to a string of cases dating from the late nineteenth century involving substitute or imitation dairy products. Carolene Products arose from a controversy over “Milnut,” a beverage made from mixing skimmed milk with another product that is not milk fat (usually vegetable oil, in this case, coconut oil). In 1923, Congress passed the Filled Milk Act, which prohibited the transportation of filled milk in interstate commerce. Despite the fact that congressional investigators concluded that filled milk was not harmful in itself but was problematic only when falsely labelled and marketed as real milk, the statute nonetheless declared that filled milk was “an adulterated article of food, injurious to the public health,” and a “fraud upon the public.”

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Guest Essayist: William Morrisey

United States v. Carolene Products Co. 304 U. S. 144 (1938)

If you concede the constitutionality of the administrative state, where does that leave citizens’ liberties? That is, if you claim(some might say pretend) that the United States Constitution authorizes unelected, tenured officials the power to frame, enforce, and adjudicate laws you grant a privilege that looks very much like the abrogation of the Constitution’s separation of powers, brushing aside Thomas Jefferson’s maxim that the accumulation of these powers in one set of hands is the definition of tyranny. Under these circumstances, how will citizens’ liberties be protected? Who will do it? This is the question addressed in the Carolene Products case–specifically, in the fourth footnote to the majority opinion, written by Justice Harlan Stone. It has been described as the most famous footnote in the history of the Court.

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Guest Essayist: Gennie Westbrook

In the Civil Rights Cases of 1883, the Supreme Court had ruled 8-1 that the Civil Rights Act of 1875, outlawing racial discrimination in most public places, was unconstitutional. The owners of businesses such as railroads, theatres, and hotels could impose segregation in their facilities, or they could refuse to serve African Americans altogether. The Court adopted a narrow reading of the Civil War amendments, ruling relative to the Thirteenth Amendment that such segregation was not a “badge or incident of slavery,” and that the protections of the Fourteenth Amendment applied against state action, not against private behavior. African Americans endured legal, economic, and social discrimination, as well as brutal and systemic racial violence with little hope of relief for the next seven decades.

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Guest Essayist: Tony Williams

Republican President Dwight Eisenhower reputedly said that appointing Chief Justice Earl Warren and Justice William Brennan were among his biggest mistakes as president as they helped usher in a wave of liberal jurisprudence at odds with Eisenhower’s conservative philosophy.  Republican President George H.W. Bush might have said the same about Justice David Souter for the same reasons.  Finally, Republican President Ronald Reagan would have agreed that Justice Anthony Kennedy surprisingly became a swing vote who could lean left.

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Guest Essayist: Joerg Knipprath

A large mural in the Capitol Building in Washington is titled “Westward the Course of Empire Takes Its Way.” It was painted by Emanuel Leutze in 1861 as a representation of Manifest Destiny, the optimistic world view of 19th century Americans that the country inevitably would be settled from the Atlantic Ocean to the Pacific. Manifest destiny was not a strategy or even a policy, but a slogan that represented an aspiration. It was the emergence of an American Empire. It might be a republic in form, but it would be an empire in expanse, wealth, and glory. The term was frequently used even by good American republicans, such as Thomas Jefferson, James Madison and John Marshall, when discussing their political philosophy.

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Guest Essayist: Daniel A. Cotter

John Marshall Harlan: The Great Dissenter

John Marshall Harlan served more than thirty-three years on the Supreme Court, the sixth longest term in the Court’s history.  During his long tenure, Harlan became known as “The Great Dissenter,” signing more than 300 dissenting opinions from 1877-1911.  Harlan’s grandson, John Marshall Harlan II, would later also serve on the Supreme Court.

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Guest Essayist: Daniel A. Cotter

In 1890, Louisiana passed the Separate Car Act which required railroads to provide separate accommodations, including separate cars, for blacks and whites.  A group of Creoles and blacks in New Orleans formed a committee, the Citizens’ Committee to Test the Constitutionality of the Separate Car Law, to challenge this law.  Homer Plessy, whose light-colored skin made him appear to be white but was classified as “colored” under Louisiana law because he was one-eighth black, agreed to bring a test case on behalf of the Committee. He bought a first class ticket and boarded a train in New Orleans in a “whites only” car.  Plessy was arrested by a detective who had been hired by the Committee to ensure that Plessy would be charged with violating the Separate Car Act.  The Louisiana court found Plessy guilty of violating that Act and Plessy sought Supreme Court review of that ruling.  The Supreme Court heard the case, with the main issues being whether the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution and whether the Separate Car Act labeled blacks with a badge of inferiority.

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Guest Essayist: Gennie Westbrook

The Thirteenth Amendment to the U.S. Constitution, ratified in 1865, outlawed slavery throughout the United States. The Fourteenth Amendment, ratified in 1868, defined citizenship and prohibited the states from violating equal protection and due process of law for all persons. During Reconstruction following the Civil War, states of the former Confederate States of America were required to ratify these amendments before readmission to the Union, and as long as Union troops occupied the defeated South, the rights of African Americans were somewhat protected. Once Reconstruction formally drew to a close in 1876, however, freedmen and their descendants lost these constitutional legal protections and were unable to put into effect their rights to life, liberty, and property.

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Guest Essayist: Joerg Knipprath

It is an understatement to describe Stephen Johnson Field as a giant among Supreme Court justices. He served more than 34 years on the Court, longer than any but Justice William Douglas. He authored 544 opinions, exceeded only by Justice Samuel Miller. He and his fellow justices during the 1880s, including Miller, Joseph Bradley, and John Marshall Harlan composed what, collectively, was likely the most intellectual bench in Supreme Court history.

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Guest Essayist: Joerg Knipprath

Presiding over a trial in the federal Circuit Court in Corfield v. Coryell (1825) to recover a seized vessel, Supreme Court Justice Bushrod Washington took the occasion to ponder the expansive scope of the Privileges and Immunities Clause of Article IV of the Constitution. Because the clause is to facilitate interstate comity and harmony, it protects citizens traveling from one state to another against having the host state abridge their rights compared to those enjoyed by its own citizens, simply on account of the visitors’ out-of-state status. Not all rights are equally important, so Washington attempted a definition. The rights were those “which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments.”

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Guest Essayist: Tony Williams

Roger B. Taney was born and raised on a southern Maryland tobacco plantation.  He attended Dickinson College and received a classical education before reading law under Jeremiah Chase, one of three judges on the state’s General Court.  He passed the bar exam and married the sister of his close friend, Francis Scott Key.  He entered politics and won a seat in the Maryland House as a Federalist.  He supported the War of 1812 and broke with the Federalists over their opposition to the war.  He adopted Jeffersonian views that would lay the foundation for the rise of the Democratic Party.

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Guest Essayist: Daniel A. Cotter

Supreme Court Chief Justice John Marshall, the fourth Chief Justice, served thirty-four-and-a half years in that role. Roger B. Taney, who succeeded Marshall, served for twenty-eight-and-a- half years, including during almost the entirety of the Civil War. (Marshall and Taney are, respectively, the first- and second- longest serving Chief Justices.)

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Guest Essayist: Allen Guelzo

On April 27, 1861, President Abraham Lincoln took one of the most dramatic steps ever taken by an American chief executive, and suspended the privilege of the writ of habeas corpus. He did so, under a provision in Article 1, section 9 of the Constitution: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. But the rationale for the suspension, as well as the significance of the suspension itself, caused the most profound constitutional conflict in American history.

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Guest Essayist: Tony Williams

Arrogance & Injustice in the Dred Scott v. Sandford (1857) Case

In the 1850s, the United States was deeply divided over the issue of slavery and its expansion into the West. The northern and southern sections of the country had been arguing over the expansion of slavery into the western territories for decades. The Missouri Compromise of 1820 had divided the Louisiana Territory at 36’30° with new states north of the line free states and south of the lines slave states. The territory acquired in the Mexican War of 1846 triggered the sectional debate again. In 1850, Senator Henry Clay of Kentucky engineered the Compromise of 1850 to settle the dispute. But, in 1854, the Kansas-Nebraska Act permitted settlers to decide whether the states would be free or slave according to the principle of “popular sovereignty.” Pro and anti-slavery settlers rushed to Kansas and violence and murder erupted in “Bleeding Kansas.” Meanwhile, southern talk of secession was in the air, and observers warned of civil war.
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Guest Essayist: Daniel A. Cotter

Dred Scott was born into slavery in Virginia around 1799, but was moved to Missouri where he was sold to Dr. John Emerson, an army surgeon.  Given Dr. Emerson’s military career, he moved frequently and took Scott with him.  Eventually, Dr. Emerson moved with Scott to the State of Illinois and the Territory of Wisconsin, both free territories.  While in the Wisconsin Territory, Scott married Harriett Robinson, another slave who was also sold to Dr. Emerson.  In 1838, Dr. Emerson married Eliza Irene Sandford from St. Louis.  In 1843, Dr. Emerson died shortly after returning to his family from the Seminole War in Florida.  His slaves continued to work for Mrs. Emerson and were, as was common at the time, occasionally hired out to others.  In 1846, Dred and Harriet Scott each filed suit in St. Louis to obtain their freedom, on the basis that they had lived in a free state and territory, and the rule in Missouri and some other jurisdictions at the time was “once free, always free.”  When the suit reached the Supreme Court of the United States, the main issue presented was whether slaves had standing to sue in federal courts.

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Guest Essayist: State Representative David Eastman

Is the Death Penalty Cruel and Unusual Punishment?

Furman v. Georgia was another 5-4 decision by the United States Supreme Court; meaning, that if any one of the nine justices on the Supreme Court had changed their mind, the result would have been very different. The case dealt with three men who had been convicted in either Georgia or Texas. Two of the men were convicted of rape. The third was convicted of murder. All three men were given the death sentence following separate jury trials. 

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Guest Essayist: Robert Lowry Clinton

Palko v. Connecticut resulted from the appeal of a capital murder conviction. Palko was charged with killing a police officer during the commission of an armed robbery. Although he was charged with first degree murder, he was convicted of second degree murder and sentenced to life in prison. The state of Connecticut appealed the sentence, alleging that the trial judge had failed to admit relevant testimony and given erroneous instructions to the jury. The state supreme court ordered a retrial, at the conclusion of which Palko was convicted of first degree murder and sentenced to death. Palko appealed the second conviction and sentence in the state courts but lost, after which he petitioned the United States Supreme Court, arguing that the second trial amounted to double jeopardy in violation of the Fifth Amendment of the United States Constitution, which provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” Palko argued further that protection against double jeopardy was an essential ingredient of the due process of law guaranteed by the Fourteenth Amendment, which provides that no state may deprive a person of life, liberty or property without due process of law. This amendment, designed primarily to safeguard the rights of newly-freed slaves, had been adopted in the aftermath of the Civil War in 1868.

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Guest Essayist: Joerg Knipprath

In The Republic, Plato designed his ideal society as one in which the wives and children of the Guardians (the ruling elite) would be held in common. This would prevent the corrosive societal effects of nepotism that result when parents raise their children and, due to their natural affinity, seek to secure wealth and status for their offspring at the expense of the common welfare. The children would be reared by officials of the State: “The proper officers will take the offspring of the good parents to the pen or fold, and there they will deposit them with certain nurses who dwell in a separate quarter.” There was also the eugenicist angle: “[B]ut the offspring of the inferior, or of the better when they chance to be deformed, will be put away in some mysterious, unknown place, as they should be.” The “children of gold,” though, would undergo rigorous, State-controlled training to prepare them for their leadership role.

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Guest Essayist: Richard E. Wagner

Chicago, Milwaukee and St, Paul Railroad v. Minnesota, 134 U.S. 418 (1890) became a landmark case in establishing a new direction for government regulation of business, though that new direction gave way to the coming of the New Deal. Prior to the Chicago, Milwaukee decision, courts had pretty much deferred to legislatures in deciding whether legislation passed constitutional muster. For the most part, courts would not inject themselves into controversies regarding the legislative regulation of business. This changed with the Chicago, Milwaukee decision.

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Guest Essayist: Gennie Westbrook

Article 1 Section 9, Clause 2 of the U.S. Constitution enshrines the “Great Writ,” a protection against arbitrary imprisonment that dates back at least to the Magna Carta of 1215: “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” The writ provides that, when government holds a suspect in custody, he has the right to be taken before a judge who determines whether there is good cause for the arrest, and must be released if there is no legitimate reason for government to hold him.

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Guest Essayist: Robert Lowry Clinton

Pollock v. Farmer’s Loan & Trust Company, 158 U. S. 601 (1895), arose when a stockholder of the company sued to prevent the company from voluntarily paying a tax on its profits. The tax had been assessed pursuant to an act of Congress that levied a tax of two percent per year on incomes over $4,000.00. The act, known as the Wilson-Gorman Tariff Act of 1894, was very broad in scope, and was initially designed to lower tariff rates in response to the Panic of 1893. Evidently many additions and exceptions were added to the bill before its final passage, and President Grover Cleveland, initially supportive of the measure, ultimately allowed the law to be passed without his signature.

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Guest Essayist: Kevin Walsh

The legal tender controversy involved Supreme Court decisions that spanned a decade and a half beginning in 1870 with Hepburn v. Griswold 75 U.S. 603 (1870), in which the Legal Tender Act of 1862, 12 Stat. 345, making United States Treasury notes legal tender, was invalidated on constitutional grounds.  In Hepburn, Chief Justice Salmon P. Chase, who as secretary of the Treasury during the Civil War was a key player in the Legal Tender Act’s passage, held for the majority that congressional authorization of the notes (also referred to as “fiat currency” or “greenbacks”) to be used as legal tender violated the Fifth Amendment Due Process Clause protecting property.

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Guest Essayist: J. Eric Wise

Bankruptcy Power – Sturges v. Crowninshield, 17 U.S. 122 (1819) and Ogden v. Saunders, 25 U.S. 213 (1827)

Shortly after the first person mixed her labor with a thing and called it “mine,” some person furnished property to another, together with an obligation to return it. With that, the problems of debtor and creditor were born.

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Guest Essayist: Richard Epstein

Mahlon Pitney was appointed to the United States Supreme Court by President William H. Taft in 1912, and served there for ten and one-half years until his retirement in December, 1922.  He is generally regarded as a footnote in the annals of American Supreme Court justices.  But for the ten years that he was on the Court, he was in my view a powerful intellect who often bested both Justices Holmes and Brandeis on the many occasions when their views clashed.

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Guest Essayist: Gennie Westbrook

During what Mark Twain called the Gilded Age at the end of the nineteenth century, American commerce grew exponentially and the American economy became the largest in the world. Wealthy industrialists organized their businesses to maximize efficiency and profits, contributing to an increase in buying power for all segments of American society and drawing millions of immigrants from around the world to the United States for opportunity. Workers, toiling long hours in dangerous conditions, sought to organize themselves, too, forming labor unions to bargain collectively for better wages and working conditions. The early attempts at labor solidarity found only very limited success as management blocked their efforts through strike-breaking and intimidation. Conflicting interests between labor and management led to confrontations and violence in several major industries in the intermittent recessions that occurred in the latter decades of the 1800s.

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Guest Essayist: State Representative David Eastman

Can Congress Discriminate Against Non-Union Members?

In 1898, Congress passed the Erdman Act, making it a crime to fire an employee for belonging to a union. Because the Constitution does not expressly give the federal government the power to regulate employment, Congress limited the law to apply only to employees involved in interstate commerce, thereby taking advantage of a clause in Article I, Section 8 of the Constitution, which states:

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Guest Essayist: Tony Williams

Making up Rights?: Lochner v. New York (1905)

In April 1901, Utica, New York bakeshop owner, Joseph Lochner, was arrested for allowing one of his few employees, baker Aman Schmitter, to work more than sixty hours in a week. A grand jury indicted Lochner for violating a New York bakeshop law regulating work hours. In February 1902, he was tried, convicted, and fined fifty dollars for his misdemeanor crime.

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Guest Essayist: Gennie Westbrook

During the late nineteenth and early twentieth centuries, the industrial revolution transformed the American landscape, culture, economy, and relationships between workers and management. The transformation brought significant gains in prosperity for both workers and management, but it also meant laborers worked long hours in dangerous conditions in factories and mines. Workdays of ten to twelve hours were common, with reduction of wages during economic slumps. There was no job security, and lack of safety features led to frequent grisly accidents caused by hazardous working conditions. Workers organized labor unions to bargain collectively for improvements in pay and other working conditions. Management almost always resisted the labor union demands, and each side worked to influence laws in its favor. The United Mine Workers Union was founded in 1890, followed by several other unions organized throughout the 1890s. Also throughout the 1890s, strikes, uprisings, and sometimes violent confrontations between labor and management broke out as workers attempted solidarity in pursuit of better wages, shorter hours, and safer working conditions. Management responded to these initiatives by firing labor union leaders, hiring strike-breakers, intimidating workers, and using political influence to block any lasting legal reforms.

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Guest Essayist: Daniel A. Cotter

David J. Brewer: Foreign Born Justice Who Sat with His Uncle

David J. Brewer was born on June 20, 1837, in Smyrna, Asia Minor (today Turkey), the fourth of six Supreme Court Justices born outside the United States.  Brewer sat on the Court with his uncle, Stephen J. Field, to date the only relatives to serve contemporaneously, with Brewer serving twenty years on the Court before his death in 1910.

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Guest Essayist: Gary Porter

Obstruction of Commerce & the Mail

“Neither snow nor rain nor heat nor gloom of night (nor Pullman Strike) stays these couriers from the swift completion of their appointed rounds.”   This (slightly altered) saying, an inscription found on the General Post Office in New York City, is widely regarded as the motto of the U.S. Postal Service.  It is not, at least not officially, but you get the drift: nothing will be allowed to prevent delivery of the U.S. mail.

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Guest Essayist: Joerg Knipprath

In 1976, Americans celebrated a bicentennial, the anniversary of a revolution against an intrusive, heavy-handed, and unresponsive national government. Repeated petitions and remonstrances by the people’s elected local representatives had been dismissed and ignored by the political elite who controlled that far-away national government, and who considered the people ignorant bumpkins. Among the causes of revolution listed in the published indictment of that elite in 1776 had been the chief executive’s use of his quill to veto beneficial laws; his failure to enforce laws properly enacted; his actions and obstructions that clashed with pressing immigration issues; his expansion of uncontrolled bureaucracies, when he “erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance”; his policies that failed to secure the frontier and protect the inhabitants there against violence by marauders; and his encouragement of “domestic insurrections” that threatened social peace. Yet that chief executive had not acted alone. The legislature of that distant government had passed unconstitutional laws, such as those that overrode the people’s own local laws and altered fundamentally the constitutional relationship between the national government and theirs.

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Guest Essayist: Daniel A. Cotter

In 1938, Congress passed the Agricultural Adjustment Act of 1938 (the “1938 Act”), which it enacted to address and correct provisions of the Agricultural Adjustment Act of 1933 for farm subsidies that the Supreme Court had found unconstitutional.  The 1938 Act established marketing quotas and price controls.  Roscoe Filburn, a farmer in Ohio, admittedly sowed twelve acres of wheat more than he was permitted under the 1938 Act, but none of it was sold on the open market.  Filburn was fined $117.11 for violating the 1938 Act.  Filburn sued, challenging the penalty.  The main issue before the Supreme Court was whether wheat that Filburn used for personal consumption was subject to the quotas imposed by the 1938 Act and whether local commerce could be regulated by the Federal government under the Commerce Clause of the United States Constitution.

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Guest Essayist: Nick Dranias

National League of Cities v. Usery: “I’m Not Dead”

As the Left often does, once they are out of national power, they rediscover the power of state sovereignty. Ironically, they are using it to resist the new administration’s federal immigration policy in formalistically the same way as did the Right during the early days of the Obama administration—albeit in service of an opposite outcome.

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Guest Essayist: Joerg Knipprath

After his landslide reelection victory in 1936, President Franklin Roosevelt delivered a message to Congress on February 5, 1937, that decried the alleged, but fictional, congestion of judicial dockets due in part, he explained, to the incapacity of aged or infirm judges. He proposed a law that would allow him to appoint up to six new Supreme Court justices in addition to the current number, one for each justice over age 70. He repeated the gist of what came to be known as his Court-packing plan in a “Fireside Chat” to the American people on March 9, 1937.

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Guest Essayist: Gennie Westbrook

George Lafayette Carter was a reclusive Virginia industrialist who became a millionaire through business developments based on mining in what became known as the Mountain Empire, encompassing parts of Tennessee, Virginia, Kentucky, and West Virginia. By the time of his death in 1936, he had built his fortune through extensive coal field purchases, founding numerous businesses including Carter Coal and Iron Company. George L. Carter and his wife, Mayetta Wilkinson Carter, had only one child, James Walter Carter. James managed his father’s businesses beginning in 1933.

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Guest Essayist: Daniel A. Cotter

Louis Brandeis: First Jewish Justice of the Supreme Court

Until 1916, the United States Supreme Court had never had a Jewish justice.  That changed on January 28, 1916, when Louis Brandeis, the “People’s Lawyer,” was nominated to the highest court in the land by President Woodrow Wilson. Brandeis served for almost twenty-three years and authored several significant opinions during his time on the Supreme Court.

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Guest Essayist: Tony Williams

The “Sick Chicken” Case: Schechter Poultry Corp v. U.S. (1935)

In 1933, the American economy was mired in the great depths of the Great Depression characterized by unprecedented unemployment and deflation of prices for business and farmers. President Franklin D. Roosevelt and his advisors believed that the problems of the economy were rooted in excessive business competition resulting in low prices, faltering incomes, and underconsumption. In 1933, Congress passed the National Industrial Recovery Act (NIRA) to stimulate business recovery and economic growth as part of the New Deal. The legislation established National Recovery Administration (NRA) as an executive agency to work with business to craft a variety of industrial codes and regulations for entire industries to decrease competition by setting codes within industries. The goal was to set production quotas to increase prices and introduce labor regulations including a minimum wage to benefit workers. The Roosevelt administration sought to prevent “unfair competition,” ironically by allowing business to cooperate in a way that broke antitrust laws.

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Guest Essayist: Keith E. Whittington

Soon after his first inauguration, President Franklin D. Roosevelt tried to close the gold window. At the time, the American currency was tied to the value of gold, and the financial crisis was putting serious pressure on government gold reserves. To deal with the problem, the government devalued the dollar. As an emergency measure, Congress passed a joint resolution declaring that the federal government would no longer recognize any debts that required “payments in gold or a particular kind of coin or currency, or in an amount of money of the United States measured thereby.” During World War I, however, the U.S. Treasury had issued Liberty Bonds that provided that the “principal and interest hereof are payable in United States gold coin of the present standard of value.” Some of those bonds were now due, and creditors filed suit against the federal government demanding payment in the promised gold coin.

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Guest Essayist: James D. Best

To stem home and farm foreclosures during the Great Depression, Minnesota passed a law which allowed a mortgagor to pay court-determined rent set below the contractual mortgage amount. The mortgage holder could not foreclose as long as the mortgagor paid the reduced rent.

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Guest Essayist: Gennie Westbrook

In the late 1920s, farmers across the country generally did not participate in the prosperity of the decade. They were often unable to sell their crops to distributors for sufficient prices to cover their costs of production. Especially in New York, where the milk industry was the cornerstone of agricultural economy, tension between dairy farmers and distributors resulted in angry confrontations. The Great Depression further exacerbated economic chaos and hardship throughout the American economy, making it even more difficult for farmers to adjust to the economic collapse. One farmer wrote to a local newspaper in 1932, “Every can of milk we sell leaves us further in debt than we were before we produced it. This robbery must stop soon or reform will be too late to help us.” By March and April of 1933, farmers and dairymen in various areas joined together in “Milk Wars” and “Farm Strikes” to try to prevent farm products from getting to towns and cities, in hopes that the resulting scarcity would lead to higher prices. They set up blockades to stop any trucks carrying dairy and farm products, seized the cargo and destroyed it.

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Guest Essayist: Joerg Knipprath

The Industrial Revolution created theretofore unimaginable wealth, some of which trickled down as wages to workers in the mills and factories of the 19th century. Though substandard by today’s measure, those wages were sufficiently high and working conditions sufficiently appealing to attract people from farms to the growing cities. Waves of immigrants, mostly impoverished Europeans, flooded the labor pool, as well. That labor surplus depressed wages, which, in turn, kept low-skilled workers poor, at least in relation to the growing middle and upper classes. Churches and other private relief societies undertook the increasingly urgent efforts to ameliorate the poverty of the working class.

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Guest Essayist: Gennie Westbrook

After the Civil War, United States commerce experienced rapid growth, both among the states and in international markets. Congress passed the Interstate Commerce Act in 1887 regulating interstate trade. Many state legislatures wrote constitutional provisions and statutes intended to protect their states’ businesses from what they perceived as unfair competition from other states.

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Guest Essayist: Tony Williams

Federal Regulation and the Rise of Big Business: United States v. E.C. Knight (1895)

The late nineteenth century was a time of business consolidation as the American economy experienced a “great merger movement” with the rise of big business. Through means foul and fair, corporations formed trusts that dominated entire industries to combat competitive pressures that drove prices and at times to monopolize for control. The sugar industry was a part of this consolidation movement.

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Guest Essayist: Daniel A. Cotter

Dartmouth College was chartered in 1769 by King George III. In 1816, over thirty years after the conclusion of the American Revolution, New Hampshire’s legislature attempted to alter Dartmouth College’s charter  by giving  the Governor of New Hampshire authority to appoint trustees to the board and creating a state board with veto power over trustee decisions—in effect, converting the school from a private to a public institution.  The existing trustees filed suit against William Woodward, the newly appointed secretary under the new charter, claiming that the acts of the legislature violated the Constitution.  The main issues presented by the trustees’ suit were whether the Contract Clause of the United States Constitution applied to private corporations and whether the corporate charter of Dartmouth College could be changed by the New Hampshire legislature.

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Guest Essayist: Gary Porter

New Jersey v. Wilson, 11 U.S. 7 Cranch 164 164 (1812)

Are the terms of a contract inviolate?  Can a contract run in perpetuity and affect something other than the parties involved?  Can contracts be impaired (modified or broken) without the consent of both parties?    These were the questions facing the Court in 1812 when they accepted an appeal of New Jersey v. Wilson.

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Guest Essayist: Daniel A. Cotter

In October 1880, the Chicago City Council decided to widen Rockwell Street, requiring the City to acquire certain private property owned by individuals and a right-of-way owned by the Chicago, Burlington & Quincy Railroad Company.  The City of Chicago brought a condemnation suit in state court, and the jury awarded compensation to the individuals but only awarded one dollar to the railroad for its right-of-way.  The railroad appealed, asserting that the condemnation was a taking in violation of the Due Process Clause of the Fourteenth Amendment.  The Illinois Supreme Court affirmed the judgment and the railroad thereafter appealed to the United States Supreme Court on a writ of error.  The issue before the Supreme Court was whether a provision in the Bill of Rights to the United States Constitution applies to a state through the Due Process Clause of the Fourteenth Amendment.

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Guest Essayist: Joerg Knipprath

In 1962, the Supreme Court embarked on what has been described by one scholar as “the most significant reformist activism in which the Warren Court engaged,” other than civil rights cases involving blacks. The constitutional arena was the apportionment of legislative districts, and the case was Baker v. Carr. Chief Justice Earl Warren called Baker “the most important case of [his] tenure on the Court.” Apportionment is the periodic drawing of lines by a state for its congressional districts and for its state legislative districts. Until Baker, federal courts had stayed out of what Justice Felix Frankfurter in a prior case had called a “political thicket,” because it was a “non-justiciable political question.” Such questions could not be resolved by courts for reasons that Justice William Brennan addressed in Baker.

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Guest Essayist: Gennie Westbrook

From our nation’s earliest days, the national government has been involved in education, due to its significance in preparation for constructive citizenship in a republican form of government. In 1787 the Northwest Ordinance set aside public lands specifically for the establishment of schools. Through additional grants of land and money, formation of administrative agencies, the G.I. Bill, and court-ordered desegregation, federal policy has influenced education throughout our history, though traditionally the details of implementation were worked out at state and local levels.

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Guest Essayist: Daniel A. Cotter

Justice George Sutherland: One of the Four Horsemen

Introduction 

In the Supreme Court’s history, six justices were born outside of the United States.  The fifth of those born on foreign soil was George Sutherland (second born in England).  After a career in private practice and public office, Sutherland became an Associate Justice of the Supreme Court in 1923, and would figure prominently in the New Deal jurisprudence as one of the “Four Horsemen” of the Supreme Court.

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Guest Essayist: Richard E. Wagner

In Euclid v. Ambler, the Supreme Court upheld the right of the Village of Euclid in Ohio, mostly farmland east of Cleveland, to impose zoning restrictions on property owners. Today, zoning is a near-universal practice. While zoning did not originate with the village of Euclid, the Euclid case was the first federal case, and it became a beacon of attraction for zoning upon reaching the Supreme Court. Since Euclid, municipalities in America have had nearly unlimited ability to restrict how landowners can use their property, provided only that they assert that they have a good public purpose in doing so.

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Guest Essayist: Gary Porter

Gelpcke v. City of Dubuque, 68 U.S. 1 Wall. 175 (1863) – “Oscillations” in the Law

On its face, Gelpcke v. Dubuque appears to be about the validity of municipal bonds and not much else, but there were deeper legal issues at play. Namely, who has the ultimate authority to interpret a state constitution or statute, the highest state court or the federal courts (including the Supreme Court)? And when a state supreme court gives a new interpretation to a state statute, does that constitute an amendment of the statute, i.e. does it have the status of “law?” If so, and this has the effect of rendering a contract void, can this then bring the opinion of the state supreme court into conflict with the U.S. Constitution, i.e., the Impairment of Contracts clause?

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Guest Essayist: Marshall DeRosa

TEXAS v. WHITE ET AL., 74 U.S. 700 (1869) is one of the most important decisions made by the Supreme Court, because it addresses the nature of the Union. More specifically, is the Union bound together through the consent of the States or the coercive power of the United States government.

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Guest Essayist: Gennie Westbrook

In 1776, the Declaration of Independence asserted that “all men are created equal.” And yet, slavery was legal in all thirteen colonies at the time. Beginning with Pennsylvania in 1780, northern states moved toward the revolutionary ideal by enacting gradual abolition statutes. All children born in Pennsylvania after that time were free persons, though any child born to slaves was required to work for his/her mother’s master until age 28.

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Guest Essayist: Joerg Knipprath

Unlike many of his decisions, Chief Justice John Marshall’s opinion in the foundational case Gibbons v. Ogden (1824), which upheld the right of Gibbons to operate a ferry between Elizabethtown, New Jersey, and New York City in competition with his former partner, Ogden, was well-received by the public. It negated a New York State monopoly grant and struck a blow in favor of restive younger entrepreneurs who hoped to prosper by providing technological innovation and expanding infrastructure as the country’s population and commerce grew.

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Guest Essayist: Joerg Knipprath

In 1785, Boston’s population was around 18,000; across the Charles River, Charlestown counted 1,200. Forty years later, Boston’s population had more than tripled, to 60,000; that of Charlestown to 8,000. The need to accommodate the increased travel and commerce between Boston and points inland resulted in protracted litigation before the Supreme Court in the 1830s in the Charles River Bridge v. Warren Bridge case.

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Guest Essayist: Tony Williams

In 1832, Nicholas Biddle, president of the Second Bank of the United States, applied for an early renewal of the bank’s charter.  He feared that bank opponent, President Andrew Jackson, would move to destroy the bank after he was re-elected.  So, Biddle tried to outmaneuver the president before the election.  His opponent, Henry Clay, and other National Republicans (future Whigs), supported Biddle’s move because they wanted to make it a campaign issue. Both houses of Congress voted to re-charter the bank in July.

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Guest Essayist: Daniel A. Cotter

In 1821, the State of Missouri enacted legislation entitled, “An act for the establishment of loan offices,” which permitted the Missouri Treasurer to issue loan certificates – a form of paper currency issued by the state – up to a total of $200,000.  The Missouri Supreme Court found the loans to be valid, and the appellants submitted a writ of error to the United States Supreme Court.  Missouri Senator Thomas Hart Benton argued the Missouri law was a valid exercise of state sovereignty and also urged the Supreme Court to declare unconstitutional Section 25 of the Judiciary Act of 1789, the putative basis for the Supreme Court’s jurisdiction over the case. The Court decided both issues.

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Guest Essayist: Tony Williams

In the early 1830s, the city of Baltimore was developing as a bustling urban center and port.  The city diverted the streams around John Barron’s successful wharf and lowered the water level, which negatively impacted his business.  He sued the city to recover his financial losses.

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Guest Essayist: Andrew Langer

The Dissolution of the Dormant Commerce Clause:  Willson v. Black Bird Creek Marsh Co.

In The Colorado Kid, author Steven King says, “Sooner or later, everything old is new again.”  This is certainly true when it comes to issues of public policy and constitutional law.  In this essay, we discuss the concept of the “Dormant” Commerce Clause, specifically within the context of navigable waterways.  The issue of who has jurisdiction over “navigable” waters is one that remains a subject of enormous debate—especially as the environmental movement has pushed an ever-more-marginal definition of “navigability” in order to pull more waters under the jurisdiction of the federal government.

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Guest Essayist: Andrew Langer

Green v. Biddle: Clear Title and the Relationship of States to the Federal Government

The easy conveyance of clear title to real property is an essential element of both a stable and prosperous civil society. “Clearing” title by conveying “unappropriated” lands to a central government is one way that fledgling or developing nations spur exploration, settlement, and development of lands.  Such was the issue in the 1823 Supreme Court Case, Green v. Biddle, 21 US 1 (1823), wherein the conveyance of certain unappropriated lands from Virginia to the federal government resulted in confusion when much of that land was used to create the state of Kentucky.

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Guest Essayist: Joerg Knipprath

At the Peace of Paris that ended the Revolutionary War, the United States (defined, as in the Declaration of Independence, as the individual states) were recognized by the British as free and independent. While the British relinquished to those United States territory from the Atlantic to the Mississippi, the several states did not thereby relinquish their own, sometimes conflicting, claims to that land. The Articles of Confederation provided procedures for the settlement of boundary disputes between states under the aegis of Congress and also anticipated that there might be disputes between grantees of land from two different states. Yet, no state was to be deprived of land for the benefit of the United States, so the Confederation Congress could not force the states to cede their western land. Still, a number of states released their claims, so that Congress gained de facto control over those lands and organized the Old Northwest under the Northwest Ordinance of 1787.

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Guest Essayist: Daniel A. Cotter  

At times during our nation’s history, the executive branch of the United States government has tested the limits of its power by taking actions that are not explicitly granted to the president or executive branch.  For example, in Youngstown Sheet & Tube Co. v. Sawyer (the “Steel Seizure Case”) (1952), the Supreme Court addressed the issue of executive power during emergencies in the absence of express statutory or Constitutional authority.  The Supreme Court decision spans more than 140 pages, including Justice Hugo Black’s opinion for the majority, holding that President Harry S. Truman had exceeded the limits of the president’s power, as well as concurring opinions from each of the five members of the Court agreeing with Black’s conclusions, and a long dissent by the Chief Justice. The decision and bases for the Steel Seizure Case are hard to discern from the six opinions written to support the majority.  Justice Robert Jackson’s concurrence is often cited to assess the limits of executive power, as it sets forth a categorization that is the most comprehensible of the six opinions.

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Guest Essayist: Daniel A. Cotter

The three branches of the United States government are often questioned with respect to whether their exercise of powers exceeded the limitations imposed upon them by the United States Constitution. In U.S. v. Curtiss-Wright Export Corp. (1936), the issue was the extent of the president’s and executive branch’s power to conduct the foreign affairs of the United States. The decision has been recognized as a very influential one, establishing the president’s supremacy when it comes to foreign affairs.

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Guest Essayist: Joe Postell

Can Congress give away its legislative powers to other branches of government, including administrative agencies?  In the case of Field v. Clark, the Supreme Court decisively said “no,” laying down a precedent that stands against much of what our government does today.

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Guest Essayist: Tony Williams

In May, 1818, James William McCulloch was a cashier at the Baltimore branch of the Second Bank of the United States.  McCulloch issued a series of bank notes on which the bank did not pay a Maryland state tax.  The state treasurer quickly sued to recover the money and won a judgment in Maryland’s highest court. The Supreme Court soon accepted the case, which would have a profound impact in defining the principle of federalism, the reading of the Necessary and Proper Clause in the Constitution, and the national vision of the Marshall Court.

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Guest Essayist: Joerg Knipprath

Ex parte McCardle was forged in the superheated atmosphere of Southern reconstruction after the Civil War. The struggle to shape that reconstruction pitted the “Radical” Republicans (representing the pre-war abolitionist wing) against moderates within the party. Democrats, reduced to a rump faction, could do little more than get out of the way and, if palatable, delicately offer support to the Republican moderates. The political and constitutional fault line cut between the restrained Lincoln-Johnson presidential reconstruction based on maintaining the existing federalism, but with abolition of slavery, and the program of congressional radicals to treat the South as a conquered province reduced to territorial status, prostrate before Northern arms and to be cleansed of the twin stains of slavery and secession by stripping the erstwhile states of their old constitutional privileges.

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Guest Essayist: Joerg Knipprath

On June 19, 1846, the Rochester, New York, Democrat newspaper reported that over 4,000 people assembled to witness the launch of a new steamship (then often called a “propeller” due to the novel screw propulsion mechanism), the Genesee Chief. She was described as “faultless in her model and appointments.” At 144 feet long, with 20 state rooms, and berths for 75 cabin and 100 steerage passengers, with room for more, she was to be the start of regular steamship service between Rochester and Chicago.

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Guest Essayist: Daniel A. Cotter

Justice Joseph Story: The Youngest Justice Appointed to the Court

Most lawyers in private practice at the age of 32 are preparing for potential consideration for, and transition to, partnership.  At that same age, after a distinguished government and law firm career in Boston, Joseph Story took his seat on the United States Supreme Court in 1811, becoming the 18th Justice of the Supreme Court and the youngest justice appointed to the Supreme Court.  Story served on the Court for almost thirty-four years, writing a large number of opinions and dissents.  His tenure coincided with those of two of the longest serving Chief Justices in the Supreme Court’s history, John Marshall and Roger B. Taney.

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Guest Essayist: Daniel A. Cotter

Section 34 of the Judiciary Act of 1789 provides that “the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise recognize or provide” were to be applied and followed “as rules of decision in trials at common law.” George Swift, a Maine resident, was assigned a bill of exchange from John Tyson in New York.  The bill was dishonored when it became due, and Swift brought a diversity action in the United States District Court for the Southern District of New York seeking payment.  New York common law held that bills of exchange could not be assigned, and the federal court found in Tyson’s favor on that basis.  Swift appealed to the United States Supreme Court, and the main issue before the court was whether the reference to “the laws of the several states” in Section 34 included common law decisions as well as enacted statutes.

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Guest Essayist: Joerg Knipprath

Over the years, the Supreme Court has addressed several constitutional topics in cases involving lotteries. Perhaps none is as significant as Chief Justice John Marshall’s opinion in Cohens v. Virginia. The case was the third major act in a decades-long contest over the nature of the Union and, more specifically, over the constitutional relationship between federal and state laws and between the federal and state judiciaries. On the last point the contest directly involved repeated clashes between the United States Supreme Court and the Virginia Court of Appeals (the state supreme court), and between two dominant jurists, Marshall and the chief judge of Virginia, Spencer Roane. Cohens v. Virginia is the climax in the story of those two rivals.

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Guest Essayist: William Morrisey

“The Great Chief Justice,” John Marshall (1755-1835)

The longest-serving Chief Justice in our history, author of every major Supreme Court ruling in the first third of the nineteenth century—including the one establishing the principle of judicial review—John Marshall earned undisputed honor as “the Great Chief Justice.” He deserves honor also as a great man.

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Guest Essayist: Daniel A. Cotter

Marbury v. Madison (1803) – A Landmark Decision Establishing The Supreme Court’s Role

In an effort to fill the Chief Justice vacancy on the Supreme Court before leaving office, President John Adams offered the position to John Jay, who declined, citing the lack of dignity and respect of the Supreme Court.  Secretary of State John Marshall was with Adams when Adams received Jay’s rejection letter and, with time running out, Adams offered Marshall the Chief Justice position, which Marshall accepted. The Senate confirmed Marshall on January 27, 1801, and he became Chief Justice.  However, a Democratic-Republican Party-led Congress repealed the Judiciary Act of 1801 (aka the “Midnight Judges Act”) and subsequently replaced it with the Judiciary Act of 1802, causing the Supreme Court to be on hiatus from December 1801 until February 1803.

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Guest Essayist: William Morrisey

Introduction: Why Study the Landmark Decisions?

What does it mean to “constitute” America?

How would anyone do that? And why?

And what is “America,” anyway?

“America can mean simply the “New World”—the two American continents, “new to the late-Renaissance Europeans who stumbled upon them en route to China, if not to the Asian settlers who’d lived here for centuries. In that sense, hundreds of millions of Americans now live in dozens of countries, under several distinctive forms of government.

Given the prominent display of the Stars-and-Stripes flag on the Constituting America website, no one reading these words will imagine “America” to mean that, here. We mean the United States of America, a particular country in America, which declared its independence, its self-government, from an empire ruled from Europe. To assert self-government requires one to establish the terms and conditions by which that government will proceed. By leaving home, a young man or woman declares independence from parents: Very well then, but how will you live, under your newfound self-rule? You say you want to live at liberty, pursuing happiness, but what’s your plan? Read more

 

 

Contact: Shonda Werry

Constituting America

Tel: 202-246-0307

Email: constitutingamerica@yahoo.com

 

CONSTITUTING AMERICA PROMOTES STUDENT’S PSA:

3.4 MILLION VIEWS

Constituting America, founded by actress Janine Turner (Northern Exposure, Friday Night Lights, Cliffhanger) and Cathy Gillespie, to air student’s winning PSA on the Constitution nationwide on February 13th.

February 8, 2017

(Colleyville, TX) Constituting America has announced that 236 television stations and the Direct TV and Dish Networks will air the award-winning Public Service Announcement (PSA), Something Beautiful, written and directed by high school senior Laura Leigh Hicks on Monday, February 13th on the program NewsWatch. The animated PSA will be viewed by an anticipated 3.4 million Americans in every major media market across the country – from California to New York; from Texas to North Dakota and everywhere in between!

The PSA, which challenges viewers to read the U.S. Constitution, won Constituting America’s national “We the Future” Contest. Click here to watch the 1 minute PSA now!

In an effort to use the arts and media to promote the non-partisan relevancy of the Constitution and propel the students’ careers, Constituting America submits students’ winning PSA’s to television stations for airing and the PSA has already aired on 54 television stations nationwide. Laura Leigh Hicks hails from Steens, Mississippi and previously served as the president of her school’s chapter of the Eta Sigma Alpha Honor Society.  

Founded by Actress Janine Turner (Northern Exposure, Friday Night Lights, Cliffhanger) and co-chaired by Janine and Cathy Gillespie, Constituting America is a non-profit, non-partisan organization whose mission is to utilize the culture and multi-media outreach such as music, film, television, internet, and social media to reach, educate and inform America’s adults and students about the non-partisan relevancy of the U.S. Constitution and the foundation it sets forth regarding our freedoms and rights. Their multi-tiered approach features the “We The Future Contest,” Winner Mentor Trips and Winner Promotion, “The George Washington Speaking Initiative for Schools and Civic organizations,” “90 Day Online Founding Document Studies with Constitutional Scholars, Constituting America Lecture Events and Patriot Clubs. National Youth Director Juliette Turner reaches youth across America with her bestselling book, Our Constitution Rocks!, and motivational speeches, videos and media interviews.

Janine Turner, Cathy Gillespie, and Laura Leigh Hicks are available for interviews.
For more information visit http://constitutingamerica.org

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INTRODUCTION

The United States Supreme Court: Landmark Decisions And The Justices Who Made Them

 

JUDICIAL POWERS

Marbury v. Madison (1803) – Justice of the Peace William Marbury versus Jefferson’s Secretary of State James Madison who was not allowed to deliver commissions for judicial appointments: Boundary between constitutionally separate executive and judicial branch powers.

Chief Justice John MARSHALL (1755-1835) Served 34 years on the Supreme Court.

Cohens v. Virginia (1821) – Brothers Philip and Mendes Cohen were convicted of selling National Lottery tickets in Virginia.  The two argued that this violated “free flow of commerce” as stated in the Constitution.

Swift v. Tyson (1842) – George Swift received a bill of exchange which was fraudulently obtained by John Tyson.  After the courts in New York decided in favor of Tyson due to New York State law, Swift appealed to the Supreme Court: Federal courts and state common law.

Justice Joseph STORY (1779-1845) – Served 33 years on the Supreme Court.

Propeller Genesee Chief v. Fitzhugh (1851) – Following a collision on Lake Ontario, there were questions of which courts had jurisdiction.

Ex parte McCardle (1869) – William H. McCardle, a newspaper editor who wrote critical articles about the Military Reconstruction Act, was arrested.  He claimed that both the Act and his prosecution were unconstitutional: Congress and Supreme Court appellate review of habeas corpus.

 

CONGRESSIONAL POWERS

McCulloch v. Maryland (1819) – After Congress chartered the Second National Bank of the United States, the state of Maryland passed a law imposing taxes on that bank. James McCulloch, a teller for the bank, refused to pay the tax: Commerce Clause; constitutionality in creation of the Second Bank of the United States; federal law and state law.

Field v. Clark (1892) – Regarding duties collected on goods imported by Marshall Field & Company, John M. Clark, tax collector, argued that the Tariff Act of October 1, 1890 was actually a law even though it was passed by Congress: Presidential powers, and challenges to laws.

 

PRESIDENTIAL POWERS

U.S. v. Curtiss-Wright Exports (1936) – When Curtiss-Wright Export Corporation violated an embargo, to prohibit trade, enacted by President Franklin D. Roosevelt, it argued that the President should not have been given this power: Congress and lawmaking authority to the President.

Youngstown Sheet and Tube Company v. Sawyer (1952) – Youngstown Sheet and Tube Company versus Commerce Secretary Charles Sawyer: Congress, the Constitution, and presidential power to issue an order.

 

FEDERALISM AND STATES’ SOVEREIGNTY

Fletcher v. Peck (1810) – After it was determined that the Georgia legislature took bribes for the passage of the Yazoo Land Act, the new legislature repealed the act and voided all sales coming from it. Robert Fletcher sued John Peck for selling him land with no clear title: Contract Clause of the Constitution.

Green v. Biddle (1823) –When Kentucky became an independent state, it signed a compact with Virginia to protect property rights. Kentucky then passed a law that impaired this compact, causing a dispute over ownership of the property: John Green versus Richard Biddle and the Contracts Clause of the Constitution on public and private agreements.

Willson v. Black Bird Creek Marsh Company (1829) – When Thomas Willson broke through a dam built by the Black Bird Creek Marsh Company, the company sues as it was authorized to build the dam by Delaware law.  Willson argued that the dam was in violation of the Commerce Clause of the Constitution, and that he had a constitutional right to navigate coastal streams.

Barron v. Baltimore (1833) – When the city of Baltimore diverted the flow of streams to aid in street construction, it damaged Barron’s wharf.  John Barron sued the mayor of Baltimore, claiming that the Bill of Rights, specifically the Fifth Amendment, applied to states as well regarding just compensation for private property takings for public use.

Craig v. Missouri (1830) – In 1821, the state of Missouri printed money to loan to farmers.  When Hiram Craig defaulted on his loan, he was sued by the state to force payment.  It was argued that states issuing bills of credit unconstitutional in the first place.

Briscoe v. Bank of Kentucky (1837) – After Kentucky authorized a state owned bank to issue bills of credit, the bank loaned bills to Briscoe. When he failed to pay, the bank sues him. Briscoe claimed that the bank, and therefore Kentucky, had violated Article 1 Section 10 of the Constitution.

Charles River Bridge v. Warren Bridge (1837) – In 1785, the Charles River Bridge Company was granted a charter to construct a bridge between Boston and Cambridge. Years later, the state of Massachusetts allowed the Warren Bridge Company close to the Charles River Bridge.  The Charles River Bridge Company claimed that it had exclusive rights to build a bridge and that the contract with Massachusetts had been violated.

Cooley v. Pennsylvania Board of Wardens (1852) – In 1803, Pennsylvania enacted a law that regulated pilots of ships. Aaron Cooley violated this law by entering the state’s harbor without the guidance of a local pilot. Cooley claimed this was unconstitutional.

Prigg v. Pennsylvania (1842) – After Edward Prigg was convicted in Pennsylvania of capturing and returning a slave from Maryland, he appealed, arguing that the Pennsylvania law making his actions illegal was in conflict with the U.S. Constitution. Ableman v. Booth (1859): Sherman Booth was arrested by U.S. Marshal Stephen Ableman for rescuing an escaped slave in Wisconsin. When Booth was freed because the Wisconsin state government refused to recognize the authority of the federal courts, the case was appealed to the Supreme Court.

Texas v. White (1869) – George W. White, the State of Texas, and the constitutionality of secession from the Union.

 

LOCAL GOVERNMENT

Gelpcke v. Dubuque (1863) – After a city government in Iowa refused to honor railroad tax bonds, Herman Gelpcke and other bondholders sued, in federal court, the City of Dubuque in an attempt to recover interest on the bonds.

Euclid v. Ambler Realty (1926) – In order to prevent the Village of Euclid, Ohio, from growing too large, the village developed zoning laws. Ambler Realty’s property was divided into three classes, therefore hindering it from developing the land for industry. Ambler Realty sues, arguing that the zoning laws deprived it of its property without due process.

Justice George SUTHERLAND (1862-1942) – Served 15 years on the Supreme Court.

San Antonio v. Rodriguez (1973) – Demetrio Rodriguez and other members of the Edgewood Concerned Parent Association in Texas, involving the San Antonio Independent School District, brought forward a suit claiming that the state’s method of school financing violated the assertion of equal protection under the law.

 

ELECTIONS AND REPRESENTATIVE GOVERNMENT

Baker v. Carr (1962) – The Tennessee State Constitution required that legislative districts be redrawn every ten years. Former Mayor Charles Baker argued that this had not been done since 1901, resulting in unfair representation. Tennessee Secretary of State Joe Carr was sued since he was ultimately responsible for conduct of elections and publication of district maps. The state courts sided with the state of Tennessee, and it was brought to the U.S. Supreme Court.

 

PROPERTY RIGHTS

Chicago, Burlington, and Quincy Railroad v. Chicago (1897) – When the Chicago, Burlington, and Quincy Railroad Company was only awarded one dollar for the Chicago city council appropriating the right of way for its property, the railroad company appealed.  The City of Chicago argued that due process of law only required allowing the railroad company’s case to be heard.

 

COMMERCE AND CONTRACTS

New Jersey v. Wilson (1812) – In 1758, the New Jersey legislature made an agreement with the Delaware Indians, giving them a portion of land which could never be sold or taxed. In 1801, the Indians were given permission to sell the land, and in 1804 the legislature repealed the land’s tax exemption. It was argued that the land purchaser has “all the rights of the Indians.”

Dartmouth College v. Woodward (1819) – Dartmouth College was chartered in 1769 by King George III. In 1816, after the revolution, New Hampshire’s legislature attempted to alter the charter and make the privately funded school, public. The existing trustees filed suit against William Woodward, the new appointed secretary under the new charter, claiming that the legislature violated the Constitution.

U.S. v. E.C. Knight (1895) – In 1892, the American Sugar Refining Company acquired E.C. Knight Co. and other sugar companies, resulting in a 98% monopoly of the sugar refining industry. President Grover Cleveland advised the national government, also known as the “Sugar Trust Case,” to sue the E.C. Knight Company under the Sherman Anti-Trust Act to prevent this. The company argued that the government could not regulate the manufacturing of goods through the antitrust or “competition law,” but could only regulate distribution of goods.

Allgeyer v. Louisiana (1897) – In an attempt to protect its citizens from deceitful companies, the state of Louisiana passed a law prohibiting out-of-state insurance companies from conducting business in the state without being authorized by the state. When the E. Allgeyer & Company of Louisiana violated this statute and purchased insurance from New York, Allgeyer claimed that this law violated the Fourteenth Amendment.

Champion v. Ames (1903) – Charles Champion was indicted for shipping Paraguayan lottery tickets from Texas to California under the Federal Lottery act, which prohibited the sales of lottery tickets across state lines.  Champion claimed that the power to regulate commerce does not include the power to prohibit commerce.

Nebbia v. New York (1934) – After Leo Nebbia was fined for violating the price regulations for milk set by the New York state legislature, he challenged the conviction by arguing that the regulations violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment.

Home Building and Loan v. Blaisdell (1934) – During the Great Depression, Minnesota extended the time available for people to redeem their mortgages from foreclosure.  Lenders argued that this violated Article 1, Section 10 of the Constitution which prohibits a state from “impairing the Obligation of Contracts.”

Gold Clause Cases (1935) – The Supreme Court decided upon whether Congress’ joint resolution to cancel all gold clauses in public and private contracts was constitutional.

Schecter v. U.S. (1935) – The Supreme Court decided upon whether the National Industrial Recovery Act, a main part of President Roosevelt’s New Deal, was constitutional.

Justice Louis D. BRANDEIS (1856-1941) – Served 22 years on the Supreme Court.

Carter v. Carter Coal (1936) – Carter, a shareholder of the Carter Coal Company, argued that the Bituminous Coal Conservation Act, which regulated the coal mining industry, was unconstitutional, as coal mining is not interstate commerce.

National Labor Relations Board v. Jones and Laughlin Steel (1937) – After the National Labor Relations Board ruled against Jones and Laughlin Steel for discrimination, the company refused to comply with the ruling, stating that the act was unconstitutional.

National League of Cities v. Usery (1976) – The National League of Cities sued claiming that the Fair Labor Standards act, specifically the requirement of states to pay employees a new minimum wage and overtime, was unconstitutional.

Wickard v. Filburn (1942) – Filburn, a farmer in Ohio, was fined for violating a federal rule limiting wheat production.  Filburn sued, arguing that his local business could not be regulated under the constitution.

Garcia v. San Antonio Metropolitan Transit Authority (1985) – When Congress failed to exempt state-owned mass transit systems from its minimum wage and overtime statutes, it was argued that this violated state’s sovereignty granted to it under the Tenth Amendment of the Constitution.

 

LABOR

In re Debs (1895) – In 1984, the president of the American Railway Union was involved in the Pullman Strike.  When the government ordered the strikers to return back to work because the strike turned violent, Debs challenged the federal government’s ability to intervene.

Justice David J. BREWER (1837-1910) – Served 20 years on the Supreme Court.

Holden v. Hardy (1898) – The state of Utah passed a law limiting the number of hours one could work in a smelter or mine.  It was argued whether or not this law was constructional.

Lochner v. New York (1905) – New York law prohibited a bakery employee from working more than ten hours a day and sixty hours a week. It was argued that this law was in violation of “freedom of contract” under the due process clause.

Adair v. U.S. (1908) – William Adair was indicted after he fired a railroad employee for belonging to a labor union, which was a direct violation of the Erdman Act of 1898.  Adair argued that the ban on forbidding workers from joining labor unions was unconstitutional.

Coppage v. Kansas (1915) – Coppage, an employer, forbade his employees from joining labor unions.  Such anti-union contracts were prohibited by Kansas state law.  Coppage argued that this law violated his due process rights.

Justice Mahlon Pitney (1858-1924) Served 10 years on the Supreme Court.

 

MONEY AND FINANCE

Sturges v. Crowninshield (1819) and Ogden v. Saunders (1827) – It was argued whether or not state bankruptcy laws violated the Constitution, as the Constitution grants that power to Congress.

Legal Tender Cases – These cases decided upon whether legal tender in the form of paper money violated the Constitution.

Pollock v. Farmers Loan and Trust (1895) – Pollock owned stock in the Farmers Loan and Trust Company.  When the company announced that it would comply and pay the taxes under the Wilson-Gorman Tariff Act, he sued, claiming that the law was unconstitutional..

 

DUE PROCESS OF LAW AND DEFENDANTS’ RIGHTS

Ex parte Vallandigham (1864), and Ex parte Milligan (1866) – These cases decided upon when a person should be tried in a military tribunal and when a person should be tried in civilian courts under the Constitution.

Chicago, Milwaukee, and St. Paul Railroad v. Minnesota (1890) – When the Minnesota Supreme Court refused to overturn a regulatory agency’s set railroad rates, it was appealed to the Supreme Court.  The companies argued that the rates were set without due process of law.

Meyer v. Nebraska (1923), and Pierce v. Society of Sisters (1925) – These cases argued civil liberties in education, claiming that these regulations violated the Due Process Clause of the Fourteenth Amendment.

Palko v. Connecticut (1937) – Following being sentenced to both first-degree and second-degree murder, Palko appealed, claiming that the Fifth Amendment protecting against double jeopardy applied to state governments, as well.

 

CRIMINAL LAW

Furman v. Georgia (1972) – This case argued whether or not the death penalty is considered cruel and unusual punishment.

 

CIVIL RIGHTS

Dred Scott v. Sanford (1857) – When Scott, a slave, sued for his freedom, it was argued that he had no right to sue in federal courts, as slaves were not considered citizens.

Ex parte Merryman (1861) – Lieutenant John Merryman was arrested, charged with, among other things, various acts of treason. He requested a writ of habeas corpus, and a hearing. In U.S. legal history, this is an American Civil War case contesting the president’s power to suspend the writ of habeas corpus during a national emergency and for public safety.

Chief Justice Roger TANEY (1777-1864) Served 28 years on the Supreme Court.

The Slaughterhouse Cases (1873) – When a city in Louisiana attempted to regulate and take over the slaughterhouse industry, butchers sued on the grounds of due process, privileges or immunities, and equal protection clauses of the Fourteenth Amendment.

Justice Stephen J. FIELD (1816-1899) Served 34 years on the Supreme Court.

Civil Rights Cases (1883) – It was argued that the Civil Rights Act of 1875 violated the Constitution because Congress did not have the authority to regulate private matters.

Plessy v. Ferguson (1896) – Argued that segregation laws were unconstitutional, even if segregated facilities were “separate but equal.”

Justice John Marshall HARLAN (1833-1911) – Served 34 years on the Supreme Court.

The Insular Cases (1901) – Argued how to govern U.S. territories, as nothing was specifically said about it in the Constitution.

Jones v. Alfred H. Mayer Co. (1968) – Determined whether or not Congress could regulate the sale of private property in an effort to prevent discrimination.

United States v. Carolene Products Co. (1938) – When Carolene Products Company violated a federal law prohibiting filled milk to be shipped in interstate commerce, the company argued that this law violated the Commerce Clause and on due process grounds.

Bolling v. Sharpe (1954) and Brown v. Topeka Board of Education (1954) and Cooper v.

Aaron (1958) – Argued that school segregation was unconstitutional and that states are bound by the Supreme Court’s decisions.

Chief Justice Earl WARREN (1891-1974) – Served 15 years on the Supreme Court.

Griggs v. Duke Power (1971) and California v. Bakke (1978) and USWA v. Weber (1979) and Fullilove v. Klutznick (1980) – These cases argued the constitutionality of efforts to battle discrimination. 

Richmond v. J. Croson Company (1989) – Argued whether or not a city giving preference to minority businesses for municipal contracts was constitutional.

 

FIRST AMENDMENT RIGHTS

Establishment Clause:

Abrams v. United States (1919) – Argued whether inciting resistance to a war violated the First Amendment of the Constitution.

Justice Oliver Wendell HOLMES, Jr. (1841-1935) – Served 29 years on the Supreme Court.

Engel v. Vitale (1962) and Everson v. Ewing (1962) – Decided on whether or not promoting a particular religion in schools in unconstitutional.

Freedom of Speech:

Gitlow v. New York (1925) and Bradenburg v. Ohio (1969) – Argued whether or not being convicted for speech that promotes anarchy, violence, or terrorism violates an individual’s right to free speech.

Chief Justice William Howard TAFT (1857-1930) – Served 8 years on the Supreme Court.

Dennis v. United States (1951) – Dennis, General Secretary of the Communist Party USA, was convicted for speech plotting to overthrow the government.  It was argued that this conviction is a violation of the First Amendment.

Justice Hugo BLACK (1886-1971) – Served 34 years on the Supreme Court.

Freedom of the Press:

New York Times v. Sullivan (1964) – Argued whether or not Alabama’s law on libel, by not requiring a person to prove harm violates an individual’s right to free speech.

Justice William J. BRENNAN, Jr. (1906-1997) – Served 33 years on the Supreme Court.

 

PERSONAL CONDUCT AND PRIVACY

Griswold v. Connecticut (1965) – It was argued that a Connecticut law banning forms of contraceptives violated an individual’s right to privacy.

Roe v. Wade (1973) and Planned Parenthood of Southeastern PA v. Casey (1992) – Determined whether aspects of abortion laws violated an individual’s right to privacy.

Lawrence v. Texas (2003), United States v. Windsor (2013) and Obergefell v. Hodges (2015) – These cases argued civil rights for homosexuals and whether or not laws infringing on these rights violated the Constitution.

Justice Antonin SCALIA (1936-2016) – Served 30 years on the Supreme Court.

 

FOREIGN POLICY AND TREATY LAW

Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832) – These cases dealt with government authority for relations with the Native American nations.

 

MODERN SUPREME COURT CASES

Gonzales v. Carhart (2007) – The court upheld the federal Partial-Birth Abortion Ban Act, approving for the first time a prohibition of a specific abortion procedure.

Vote: (5 to 4) Majority: Roberts, Scalia, Kennedy, Thomas, and Alito. Dissenters: Stevens, Souter, Ginsburg, Breyer.

District of Columbia v. Heller (2008) – The court ruled for the first time that the Second Amendment provides an individual right of gun ownership, unrelated to militia service.

Vote: (5 to 4) Majority: Roberts, Scalia, Kennedy, Thomas, and Alito. Dissenters: Stevens, Souter, Ginsburg, Breyer.

McDonald v. Chicago (2010) – Application to the states of the right to keep and bear arms.

Vote: (5 to 4) Majority: Alito, Roberts, Scalia, Kennedy, Thomas. Dissenters: Stevens, Ginsburg, Breyer, Sotomayor.

Bush v. Gore (2000) and Bush v. Palm Beach County Canvassing Board (2000) – The Supreme Court ruled that the state of Florida’s court-ordered manual recount of vote ballots in the 2000 presidential election, between Vice President Al Gore and Texas Governor George W. Bush, was unconstitutional.

Vote: (5 to 4) Majority: Kennedy, O’Connor, Rehnquist, Scalia, Thomas. Dissenters: Stevens, Souter, Ginsburg, Breyer.

Crawford v. Marion County Election Board (2008) – The court ruled Indiana’s requirement that voters show a photo id does not violate the Constitution.

Vote: (6 to 3) Majority: Roberts, Stevens, Scalia, Kennedy, Thomas, and Alito. Dissenters: Souter, Ginsburg, Breyer.

Citizens United v. Federal Election Commission – The court agreed corporations and unions could make unlimited independent expenditures in campaigns, saying restrictions violated free speech.

Vote: (5 to 4) Majority: Roberts, Scalia, Kennedy, Thomas, and Alito. Dissenters: Stevens, Ginsburg, Breyer, Sotomayor.

Justice Anthony KENNEDY (born 1936) – Began serving on the Supreme Court February 1988.

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission – United States Supreme Court unanimously ruled that federal discrimination laws do not apply to religious organizations’ selection of religious leaders.

Vote: (8-0) Majority: Roberts, Scalia, Kennedy, Thomas, Alito, Ginsburg, Breyer, and Sotomayor.

 

CONCLUDING ESSAY

The United States Supreme Court: Landmark Decisions And The Justices Who Made Them

 

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Guest Essayist: Professor William Morrisey

Faithful readers of Constituting America’s 90-Day Study have followed the story of our constitution through each of our presidential elections. We have seen that the moral foundations of both of our constitutions—the Articles of Confederation and the United States Constitution that replaced it—find their most cogent expression in the Declaration of Independence. There, the Founders held the self-evident truth that all men are created equal, endowed by their Creator with unalienable rights including life, liberty, and the pursuit of happiness. Governments must therefore be framed to secure those unalienable rights. Our God-endowed, or natural, rights—regulated by the laws of Nature and of Nature’s God—find security in our legal or civil rights, defended by a system of government so structured as to channel the ambitions of political men and women toward the guardianship of those rights. This requires a regime designed to empower the government so our rights can be defended effectively against those who threaten them, at home or abroad. At the same time, the powers of that government will check and balance one another, so that no single individual or group of individuals will likely usurp all those powers, setting us on the road to tyranny. America’s early Constitutional conflicts centered on the question of how much power should be placed in the hands of the national government vis-à-vis the states’ governments. But whether Federalists or Anti-Federalists, Hamiltonians or Jeffersonians, all of the principal founders aimed at securing the natural rights of Americans by the means of well-designed constitutional forms.

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Guest Essayist: Michael Barone

 

Only once before the twenty-first century has America had three consecutive eight-year presidencies: the years 1801-25 in which three members of “the House of Virginia,” Thomas Jefferson, James Madison and James Monroe each won two general elections and served for eight years. Historians have called the end of this period “the Era of Good Feelings,” in part because Monroe won his second term without opposition with a single electoral vote cast for his secretary of state, John Quincy Adams.

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Guest Essayist: Juliette Turner

 

Barack Obama: Forty-Fourth President of the United States

Nickname: The First African-American President

Terms in Office: 2009-2013; 2013-present

Fast Stats

  • Born August 4, 1961, in Honolulu, Hawaii
  • Parents: Barack Obama Sr. and Stanley Ann Dunham Obama Soetoro
  • Barack Obama is still living and in office
  • Age upon Start of First Term: 47; Age upon Conclusion of First Term: 51
  • Age upon Start of Second Term: 51
  • Religious Affiliation: Congregationalist (Protestant)
  • Political Party: Democrat
  • Height: 6 feet 1 inch
  • Vice President: Joseph Biden

Bottom Line

President Obama is the current president of the United States and is serving his second term in office. Obama passed his landmark legislation, the Affordable Care Act; oversaw the capture and death of terrorist mastermind Osama bin Laden; and enforced a multibillion dollar stimulus in an attempt to help the economy. He has struggled with a scandal regarding the surveillance of the American people by the federal government and an ever-growing debt and deficit.

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Guest Essayist: Andrew Langer

 

“One of (PATRIOT Act II’s) provisions would apparently enable federal employees to strip US citizens of their rights without due process. More broadly, it would create a separate, very shadowy justice system for terrorist suspects in which most of the rights and procedures normally guaranteed criminal suspects can be abrogated at the discretion of the government.” – John Kerry, A Call To Service, pp. 177-178 (2003)

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Guest Essayist: The Honorable John N. Hostettler

 

Congress Sets Times for Electors

Article II, Section 1. Clause 4:

The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Title 3, Chapter 1 of the U.S. Code describes the timeframe for the choosing of and voting by members of the Electoral College.

Sec. 1: The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.18

Sec. 7: The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.19 [emphasis added]

Choosing Electors: A Case Study

The presidential election of 2000 provided an excellent insight into the practical application of the Constitution’s provision for choosing electors for that office. After the polls closed on November 7, 2000, attention soon turned to the state of Florida and a growing controversy over punch-card ballots used in a few of its counties. The combined count of the electors from all of the states presumed to be assigned to the Democrat candidate Albert Gore, Jr. Republican candidate George W. Bush indicated that the race was going to be close that the results of the popular vote for president in Florida would determine the outcome of the race. This was due to the fact that the assignment of electors would be determined by that popular vote.

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Guest Essayist: Brian Chilton

 

At the Constitutional Convention of 1787 a Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” to which Franklin responded, “A republic, if you can keep it.” The 1996 presidential election cycle and the twenty years hence have demonstrated the fragility of Franklin’s “If.”

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Guest Essayist: Juliette Turner

 

Bill Clinton: Forty-Second President of the United States

Nickname: The Comeback Kid

Terms in Office: 1993-1997; 1997-2001

Fast Stats:

  • Born August 19, 1946, in Hope Arkansas
  • Parents: William Jefferson Blythe III and Virginia Dell Cassidy; Stepfather: Roger Clinton
  • Bill Clinton is still living
  • Age upon Start of First Term: 46; Age upon Conclusion of First Term: 50
  • Age upon Start of Second Term: 50; Age upon Conclusion of Second Term: 54
  • Religious Affiliation: Baptist
  • Political Party: Democrat
  • Height: 6 feet 2.5 inches
  • Vice President: Al Gore

Bottom Line:

Bill Clinton dealt with two government shutdowns during his presidency: one from November 14 to November 19, 1995, and another from December 16, 1995, to January 6, 1996. He still managed to stabilize the American economy and balance the national budget. Clinton also experienced several international successes and continued national prosperity, but he was forced to fight to overcome three scandals.

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Guest Essayist: Tony Williams

 

A Thousand Points of Light: George H.W. Bush and the 1988 Election

George H.W. Bush had three significant obstacles to overcome if he wanted to be elected president in 1988.  The first was that Bush’s election seemed to be a referendum on eight years of the Reagan presidency.  Americans were split over that legacy with conservatives wanting to build on his economic and foreign policy achievements in the Cold War, while liberals wanted to stop a third consecutive term by a conservative Republican.  The recent Iran-Contra hearings had damaged the Reagan presidency and fed the partisanship.

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Guest Essayist: Tony Williams

Morning in America: Ronald Reagan & the 1984 Election

In his 1984 State of the Union Address, President Ronald Reagan laid out his principles and vision that had guided his first term and provided the foundation for his re-election campaign. He reminded voters that the economy was growing rapidly and was back on track after the horrific stagflation of the Carter administration. The “crisis of confidence” of the 1970s was conquered by a renewed American spirit.  Reagan was proud to report that, “There is renewed energy and optimism throughout the land.”  Indeed, he touted, “America is back, standing tall.”

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Guest Essayist: Andrew Langer

 

In many ways, the circumstances surrounding the 1980 presidential election mirror those surrounding the 2016 elections: America’s economy in the doldrums and an electorate hungry for change. But the 2016 elections allow us the hindsight of nearly four full decades of history, and teach us that if we aren’t willing to learn those lessons, we are doomed to repeat them.

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Guest Essayist: Juliette Turner

 

Jimmy Carter: Thirty-Ninth President of the United States

Nickname: The Peanut Farmer

Terms in Office: 1977-1981

Fast Stats

  • Born October 1, 1924, in Plains, Georgia
  • Parents: James Earl and Lillian Gordy Carter
  • Jimmy Carter is still living
  • Age upon Start of Term: 52; Age upon Conclusion of Term: 56
  • Religious Affiliation: Southern Baptist
  • Political Party: Democrat
  • Height: 5 feet 9.5 inches
  • Vice President: Walter Mondale

Bottom Line:

Jimmy Carter tried to fix a struggling U.S. economy while simultaneously working to promote international peace and stability, winning a Nobel Prize in 2002.

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Guest Essayist – Gerald R. Ford Presidential Foundation

The Gerald R. Ford Presidential Foundation, the Grand Rapids Economic Club and the National Constitutional Center hosted “Our Constitution Works: President Ford’s Date with Destiny” on October 20, 2014 in Grand Rapids, Michigan. The following is a partial transcript of the videotaped panel discussion. Used with permission.

Doug DeVos, Gerald R. Ford Presidential Foundation Trustee, National Constitution Center Trustee and former Chair of the Grand Rapids Economic Club hosted the event. Steve Ford, son of Gerald & Betty Ford, illustrated his father’s belief in the pardon decision by retelling the story in which he personally asked his father about the pardon.

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Guest Essayist: Professor David Kopel

 

During the 1972 election, incumbent Republican President Richard Nixon won an astoundingly large margin, garnering 520 electoral votes. Despite his huge advantages during the election, President Nixon and his campaign operatives engaged in unethical and illegal activities during the campaign. The ultimate victim of Nixon’s crimes turned out to be Nixon himself, as he was forced to resign in 1974 after his misdeeds were uncovered. The unraveling of Nixon’s criminal conspiracies led to reforms for good government.

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Guest Essayist: John Marini

The American Mind with Charles R. Kesler: Presented by The Claremont Institute. Originally published on Jan 30, 2014 in the third segment with University of Nevada Reno Professor John Marini, Marini and Kesler discuss President Nixon and his losing battle with Washington bureaucracies. Used with permission.

PRESIDENT NIXON VS. THE ADMINISTRATIVE STATE.  An Interview with John Marini

John:  You have to begin to see what Nixon’s plan was after the election, and there you get a better sense of his view that this is the last time that we’re going to be able to take on the centralized bureaucratic apparatus and be able to hold it back.

Charles:  John, if Richard Nixon were a character in a western, who would he be?  Simon Legree?

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Guest Essayist: Juliette Turner

 

Richard M. Nixon: Thirty-Seventh President of the United States

Nickname: Red Hunter

Terms in Office: 1969-1973; 1973-1974

Fast Stats

  • Born January 9, 1913, in Yorba Linda, California
  • Parents: Francis Antony and Hannah Milhous Nixon
  • Died April 22, 1994, in New York, New York; age 81
  • Age upon Start of First Term: 56; Age upon Conclusion of First Term: 60
  • Age upon Start of Second Term: 60; Age upon Conclusion of Second Term: 61
  • Religious Affiliation: Quaker
  • Political Party: Republican
  • Height: 5 feet 11.5 inches
  • Vice President: Spiro T. Agnew (1969-1973) and Gerald R. Ford (1973-1974)

Bottom Line:

Most of Nixon’s successes came from international policy: his treaty with the Soviet Union, his negotiation to open trade with the People’s Republic of China, and his attempts to conclude the Vietnam War. In 174, a year into his second term, Nixon resigned to avoid the humiliation of impeachment after the infamous Watergate Scandal.

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Guest Essayist: Daniel A. Cotter

 

Anyone who believes that today’s political discourse has reached a new low should consider the political career and rhetoric of George C. Wallace, a 1968 Presidential candidate for the American Independent Party, a party formed by Wallace after the Democratic Party rejected his segregationist agenda.  Wallace was at the forefront of resistance to the Supreme Court’s civil rights decisions, including the landmark Brown v. Board of Education ruling.

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Guest Essayist: Professor Steve Knott

 

A House Divided: The Presidential Election of 1968

The presidential election of 1968 was held amidst a deluge of violence and civil unrest. That the United States managed to survive this annus horribilis was a testament to the resilience of its people and of its constitutional framework. The simple fact that the election proceeded apace, as did a peaceful transition of power from one party to another, were welcomed signs of health in a body politic that some considered to be terminally ill.

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Guest Essayist: Brion McClanahan

 

Part of this essay is taken from Brion McClanahan’s 9 Presidents Who Screwed Up America and Four Who Tried to Save Her (Regnery History, 2016).

The 1964 election between Barry Goldwater and Lyndon Johnson was a watershed election.  Goldwater “flipped” the South and by the early 1970s, the South was voting solidly Republican for the first time since Reconstruction. These weren’t the same Republicans, however, as conservative Southerners begrudgingly gave up allegiance to the Democrat Party for a candidate they believed better reflected their political worldview.

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Guest Essayist: Tony Williams

 

JFK, Catholicism, and the 1960 Election

The American Founding ushered in a “new order for the ages” that included the unprecedented and remarkable natural right of liberty of conscience.  The First Amendment protected this universal right of all humans and banned Congress from establishing an official religion.  The Constitution also banned all religious tests for national office.

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Guest Essayist: James Legee

 

The election of 1956 saw Adlai Stevenson again tasked with the unenviable duty of an electoral contest against Dwight D. Eisenhower, which, it will come as no surprise, did not end in Stevenson’s favor.  Eisenhower is well known to students of history and government, Stevenson, a one-term governor of Illinois, barely garners a mention in most books on the Cold War.  Despite his loss, Stevenson was an important bridge between the New Deal policies of the Roosevelt administration and the Great Society of Lyndon B. Johnson.  He articulated a progressive platform that would guide the Democratic Party for the coming decades in regards to domestic policy.  Electoral defeat is quite common for ideologues and intellectuals on both ends of the ideological spectrum, but part and parcel with his intellectual bend came a truly unique rhetoric for the role of government in society.

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Constituting America first published this message from Founder & Co-Chair Janine Turner over Memorial Day Weekend, 2010, the inaugural year of our organization.  We are pleased to share it with you again, as we celebrate our 6th birthday!  

On this Memorial Day weekend, I think it is appropriate to truly contemplate and think about the soldiers and families who have sacrificed their lives and loved ones, and given their time and dedication to our country.

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Guest Essayist: Horace Cooper

 

Communism and Civil Liberties: The Election of 1952

The election of 1952 brought about the first GOP presidential victory in more than 20 years.  It came about at a time while many in America were weary from World War II, and they were very apprehensive about the potential for subversion by the Soviet Union and its radical Marxist ideology.

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Guest Essayist: Juliette Turner

 

Harry S. Truman: Thirty-Third President of the United States

Nickname: The High-Tax Harry

Terms in Office: 1945-1949; 1949-1953

Fast Stats

  • Born May 8, 1884, in Lamar, Missouri
  • Parents: John Anderson and Martha Ellen Young Truman
  • Died December 26, 1972, in Kansas City, Missouri; age 88
  • Age upon Start of First Term: 60; Age upon Conclusion of First Term: 64
  • Age upon Start of Second Term: 64; Age upon Conclusion of Second Term: 68
  • Religious Affiliation: Baptist
  • Political Party: Democrat
  • Height: 5 feet 9 inches
  • Vice President: none (1945-1949) and Alben W. Barkley (1949-1953)

Bottom Line:

Harry Truman assumed the presidency in 1945 after the death of Franklin Roosevelt. As president, he oversaw the conclusion of both the European and the Pacific front in World War II. Truman won a surprise second term, during which time he worked to stabilize the American economy to prevent a second depression and organized the American invasion of Korea during the Korean War.

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Guest Essayist: Professor William Morrisey

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1948: The Dixiecrats

The primary elections of 2016 have invited comparisons to political factions in American politics that haven’t appeared in such clear focus for nearly seventy years. Although the Republican Party of 1948 had papered over its divisions between moderate-to-liberal business interests on the East Coast—represented by New York Governor Thomas Dewey—and Middle-Western conservatives—represented by Robert Taft and, behind him, Herbert Hoover—Democrats split bitterly into three groups. The mainstream of the party nominated President Harry Truman; the left wing (which included democratic socialists and some communists) ran Henry Wallace on the ticket of the Progressive Party; and the segregationist, southern Democrats ran South Carolina Governor Strom Thurmond on the ticket of the States’ Rights Democratic Party or “Dixiecrats.” In one of the most famous upsets in American political history, Truman overcame his party’s fracturing and defeated Dewey, although the Dixiecrats won the combined 38 electoral votes of Louisiana, Mississippi, Alabama, and South Carolina. The Progressives failed to win a single electoral vote.

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Guest Essayist: Tony Williams

 

Global War and Peace: The 1944 Election

In his 1944 State of the Union address, President Franklin D. Roosevelt offered a “Second Bill of Rights” that redefined the rights of the founding bill of rights. This radical pronouncement promised economic security and “positive rights” guaranteed by the federal government.

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Guest Essayist: Andrew Bibby

FDR’s Third Term and the Twenty-Second Amendment

On November 5, 1940, Franklin Delano Roosevelt became the first and only U.S. president to be elected for more than two terms. A newspaper headline depicted the historic moment with a joke that captured the public’s ambivalence toward Roosevelt’s unprecedented break from tradition: “Safe on third!”

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Guest Essayist: Horace Cooper

 

The United States Supreme Court and the New Deal

Many a law student is familiar with the line, “A switch in time, saved nine.”  It refers to the actions of Chief Justice Charles Evans Hughes and Justice Owen J. Roberts – Supreme Court justices who switched their votes from holding the legislative program of President Franklin Delano Roosevelt unconstitutional to joining the “political deference” team of Harlan F. Stone, Louis D. Brandeis and Benjamin N. Cardozo to approve FDR’s proposals.

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Guest Essayist: Professor Joerg Knipprath

 

Franklin Delano Roosevelt, running for re-election in 1936, received 60.8% of the popular vote, second-highest popular vote percentage since that method of selecting presidential electors became dominant in the 1830s. Only Lyndon Johnson’s 61.1% over Barry Goldwater in 1964, Richard Nixon’s 60.7% over George McGovern in 1972, and Warren Harding’s 60.3% over James Cox in 1920 are on a similar scale. The electoral vote was even more lopsided, as Roosevelt defeated Kansas Governor Alf Landon 523 votes to 8 (46 states to 2). Only Ronald Reagan in 1984 (525 votes to 13; 49 states to 1 plus D.C.) and Richard Nixon in 1972 (520 votes to 17; 49 states to 1 plus D.C.) enjoyed similarly impressive margins since the modern two-party system emerged.

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Guest Essayist: Tony Williams

 

In 1932, the U.S. economy reached its nadir during the Great Depression.  Unemployment had risen to more than 20 percent, or 11 million Americans, matched by a similar number of the underemployed as factories and businesses closed their doors.  Banks were closing at an alarming rates as people instantly lost their life savings.  Hundreds of thousands of farmers and urban dwellers alike were suffering forecloses and lost their homes.  Breadlines were long and strained the resources of private charities and local governments.

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Guest Essayist: Daniel A. Cotter

 

The 1932 Presidential election took place during the height of the Great Depression.  While a number of candidates ran on third party tickets, the main fight for the White House featured the incumbent Republican Herbert Hoover against Democrat Franklin Delano Roosevelt and none of the other candidates garnered more than 2% of the popular vote.  Hoover had won the presidential election in 1928 on a pro-business platform promising continued prosperity.  Nine months into Hoover’s term, on October 24, 1929, the stock market crashed, beginning the period that would become known as the Great Depression.  The challenges created by the downward economic spiral consumed Hoover’s term and were a main focus of the 1932 presidential election.

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Guest Essayist: Scot Faulkner

 

How Urbanism Forever Changed America

The 1928 Presidential Election remains the zenith of Republican political power.  Republican Herbert Hoover crushed Democrat Al Smith, winning 58 percent of the popular vote and 83 percent of the electoral vote. [1] The landslide was fueled by years of prosperity, affection for outgoing President Calvin Coolidge, and deep seated concerns over Smith’s Catholicism. Republicans also amassed majorities in the House and Senate not seen again until 2014.

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Guest Essayist: Juliette Turner

 

Thirty-First President of the United States

Nickname: The Great Humanitarian

Terms in Office: 1929-1933

Fast Stats

  • Born August 10, 1874, in West Branch, Iowa
  • Parents: Jesse Clark and Hulda Randall Minthorn Hoover
  • Died October 20, 1964, in New York City, New York; age 90
  • Age upon Start of Term: 54, Age upon Conclusion of Term: 58
  • Religious Affiliation: Society of Friends (Quaker)
  • Political Party: Republican
  • Height: 6 Feet
  • Vice President: Charles Curtis

The Bottom Line

Herbert Hoover served one term, during which he struggled to combat the Great Depression that began the first year he was in office.

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Guest Essayist: Rachel Sheffield

 

In the 2012 presidential election, 53 percent of the voters were women. Imagine if women, who make up about 51 percent of the American population, couldn’t vote. It wasn’t that long ago when that was a reality.

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Guest Essayist: Professor Joe Postell

 

From today’s standpoint, the presidential election of 1924 might appear to be an oddity or an outlier.  In 1924 the nominees of both parties ran on a conservative domestic agenda of limited government and tax cuts.  For this reason author Garland Tucker calls 1924 “The High Tide of American Conservatism.”

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Guest Essayist: Daniel A. Cotter

 

The Election of 1920: The Sedition Act, Eugene Debs, and the “Red Scare”

Eugene V. Debs was a founding member of the Industrial Workers of the World and a frequent Presidential candidate for the Socialist Party of America.  Debs became a well-known socialist both through his political activity and as a result of the government’s criminal prosecution of his activities.  Other essays in this series cover the numerous Presidential elections in which Debs ran, as well as the other candidates in the 1920 Presidential election. This essay focuses on the Sedition Act of 1918, Debs, and the “Red Scare.”

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Guest Essayist: Juliette Turner

 

Twenty-Ninth President of the United States

Nickname: Charming Harding

Terms in Office: 1921-1923

Fast Stats

  • Born November 2, 1865, in Blooming Grove, Ohio
  • Parents: George Tryon and Phoebe Elizabeth Dickerson Harding
  • Died August 2, 1923, in San Francisco, California; age 57
  • Age upon Start of Term: 55; Age upon Death: 57
  • Religious Affiliation: Baptist
  • Political Party: Republican
  • Height: 6 feet
  • Vice President: Calvin Coolidge

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Guest Essayist: Daniel A. Cotter

 

The 1916 Presidential election pitted incumbent Democratic President Woodrow Wilson against Republican Supreme Court Justice Charles Evans Hughes.  The election was a very close one and had significant ramifications for the “progressive” movement.

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Guest Essayist: Professor Joerg Knipprath

 

Dissenting from the Supreme Court’s 1905 opinion in Lochner v. New York that found unconstitutional a maximum-hour law for bakery employees, Justice Oliver Wendell Holmes, Jr., declared, “[A] constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire.” Holmes’s point is valid at least to the extent that the Framers–most of whom adhered to the then-dominant mercantilism–did not encrypt the grand contours of a particular system of political economy in the Constitution’s provisions aligning and balancing individual liberties and governmental powers. Yet, the Constitution also protects personal rights whose exercise is more likely to be realized in a political system premised on fundamentally liberal (in the classic meaning) conceptions of the role of the government and the individual’s relationship to the State than in a system that rests on a different view of such essential matters.

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Guest Essayist: Professor William Morrisey

 

By August 1910, Theodore Roosevelt had been out of office for a year and a half. He was unhappy with President William Howard Taft’s performance. Although Roosevelt had effectively designated Taft as his successor and continued to esteem him personally, Taft wanted no part of the rising Progressive movement in American politics. By 1910, Roosevelt did, for reasons that remain controversial.

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Guest Essayist: Tony Williams

 

“The Professor and the Bull Moose” 1912 Election

In June, 1912, former President Theodore Roosevelt broke with the tradition of candidates not attending conventions and arrived at the Republican National Convention with great fanfare. He fervently announced, “We stand at Armageddon and we battle for the Lord.” He then proudly labelled himself a “Bull Moose.”

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Guest Essayist: Matthew Spalding

 

In The Federalist No. 47 James Madison asserted that “accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly be pronounced the very definition of tyranny.” Indeed, the importance of the separation of powers was so widely accepted by the American public in 1788 that Madison could confidently declare it to be “the sacred maxim of free government.” Today, however, government agencies routinely make, enforce, and adjudicate legally binding rules that have the full force and effect of laws passed by Congress. Such evidence leaves no doubt that there has been a revolutionary shift in the constitutional theory guiding American politics since the time of the American Founding. But how—and why—did this revolution come to be? The answer is to be found in a broad movement known as progressivism that came to dominate both the American academy and government in the late-nineteenth and early-twentieth century.

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Guest Essayist: Daniel A. Cotter

 

The 1908 Presidential election featured the incumbent Republican President Theodore Roosevelt following through on his promise to not seek a third term and encouraging the Republicans to nominate Secretary of War William Howard Taft.  While a number of third party candidates ran against Taft, the only non-Republican candidate who garnered any significant votes was the Democratic nominee, William Jennings Bryan.  Bryan had been the Democratic nominee for President in 1896 and 1900, but the 1908 election was the most lopsided of his three defeats in the race for President.

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Guest Essayist: Daniel A. Cotter

 

The United States Constitution is silent on the subject of corporations.    After the Civil War, as American society began to quickly evolve from agrarian to industrial, politicians from both major parties raised concerns about the rise of corporations, banks, and businesses, and the need for protection of the individual.  Against this backdrop, two important political figures emerged on the national scene.  William Jennings Bryan was a leader of the Populist Party (which would merge with the Democratic Party in 1896) who unsuccessfully ran for President in 1896, 1900 and 1908.  Republican President Theodore Roosevelt proposed a number of “progressive” initiatives through his “Square Deal” program and other policies and positions.  Other essays in this series cover the various Presidential elections in which Bryan and Roosevelt were their parties’ nominees. This essay compares the progressive and populist views of Roosevelt and Bryan, respectively.

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Guest Essayist: Steven Aden

 

“The Most Absurd Political Campaign of Our Time”:  Teddy Roosevelt, Alton Parker and the Election of 1904

The candidates who squared off in the presidential election of 1904, Republican President Theodore “Teddy” Roosevelt and Democrat Alton Parker, were both native to New York State; beyond that one commonality, they were a study in contrasts.  Parker was tall and rangy, but with a tentative demeanor that seemed to apologize for looming over others.  Parker resigned his post as the chief judge of the New York Court of Appeals, the state’s highest court, to run for the nation’s highest office.  True to his calling and by all accounts a thoughtful decision maker on the bench, Parker was quiet and professorial, and an unimpressive speechmaker with a voice like a cracked reed.   The barrel-chested, bull-voiced Roosevelt, on the other hand, had been tapped for the vice presidency by William McKinley on the strength of his renown as the Rough Rider who led his troops up San Juan Hill in 1898, as if he had carried the country on his shoulders to victory in the Spanish-American War.  The living embodiment of the national will that found its expression in “Manifest Destiny” and the Monroe Doctrine, Roosevelt was arguably the most physical president America has ever had.  Sometimes overcome by pent-up energy, Roosevelt would jump up from his seat in the Oval Office and hike in a straight line for five miles, climbing, jumping, and swimming all barriers natural or manmade he encountered on the way.  This exercise exhausted the few staffers and security officers who could keep up with him, but Roosevelt would return refreshed and invigorated.

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Guest Essayist: Karl Rove

 

America’s politics leading into the 1896 election looks familiar. The political system was broken: In five presidential elections, no one received 50% and for 20 of 24 years, America had divided government and gridlock in which little got done. The animosity between the parties was beyond normal partisanship: they were still fighting the Civil War.

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Guest Essayist: Juliette Turner

 

Twenty-fifth President of the United States

Nickname: Major McKinley

Terms in Office: 1897–1901; 1901

Fast Stats

  • Born January 29, 1843, in Niles, Ohio
  • Parents: William and Nancy Campbell Allison McKinley
  • Died September 14, 1901, in Buffalo, New York; age 58
  • Age upon Start of First Term: 54; Age upon Conclusion of First Term: 58
  • Age upon Start of Second Term: 58; Age upon Assassination: 58
  • Religious Affiliation: Methodist
  • Political Party: Republican
  • Height: 5 feet 7 inches
  • Vice President: Garret Hobart (1897–1899); Theodore Roosevelt (March–September 1901)

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Guest Essayist: Juliette Turner

 

Grover Cleveland

Twenty-second and Twenty-fourth President of the United States

Nickname: The Veto President

Terms in Office: 1885–1889; 1893–1897

Fast Stats

  • Born March 18, 1837, in Caldwell, New Jersey
  • Parents: Richard and Anne Neal Cleveland
  • Died June 24, 1908, in Princeton, New Jersey; age 71
  • Age upon Start of First Term: 47; Age upon Conclusion of First Term: 51
  • Age upon Start of Second Term: 55; Age upon Conclusion of Second Term: 59
  • Political Party: Democratic
  • Religious Affiliation: Presbyterian
  • Height: 5 feet 11 inches
  • Vice Presidents: Thomas A. Hendricks (1885) and Adlai E. Stevenson (1893–1897)

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Guest Essayist: Brion McClanahan

 

Portions of this essay are from the chapter “Grover Cleveland” in Brion McClanahan, 9 Presidents Who Screwed Up America and Four Who Tried to Save Her (Regnery History, 2016).

Grover Cleveland lost the 1888 election to Benjamin Harrison through voter fraud, and it involved what may be considered the first major lobby group in American history, the Grand Army of the Republic, a Union veteran’s organization that had deep pockets and the ability to swing elections in favor of the Republican Party, the real brawn behind the organization.

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Guest Essayist: Peter Roff

 

The election of 1884 was the first to put a Democrat in the White House since the Civil War. That it did, albeit narrowly was a testament to the way even the earliest stages of industrialization had transformed the country, setting it on the road to something far removed from its, rural, agricultural, protestant roots.

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Guest Essayist: Kirk Higgins

 

When one reflects on the history of the United States, the politics of the Gilded Age are often overlooked. Many find little value in understanding the intricacies of the political wheeling and dealing, often engineered by political machinery in both major parties. Nevertheless, these elections are as a part of the collective American consciousness as any before or since. They are central to understanding the American political character as it dealt with the aftereffects of the great national tragedy that was the American Civil War.

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Guest Essayist: Professor Forrest Nabors

Not long after the Civil War began, the poet Julia Ward Howe witnessed a procession of Union troops near Washington, D.C. Later that night, words stirred her from her sleep; she arose and caught them on paper. The lines of the Battle Hymn of the Republic that Howe penned that night alerted the hearer that God’s retributive justice had awakened, as Jefferson predicted (“his justice cannot sleep forever”), and at that moment, was moving upon the earth.

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Guest Essayist: Professor Forrest Nabors

 

We remember 1865 as the year when our Civil War ended. But by another measure, the standard of von Clausewitz, that war is politics continued by other means, the political conflict that erupted into formal war did not end until after Rutherford B. Hayes was sworn in as president in 1877. The period known as Reconstruction after the war continued that political conflict and was also violent, though the combatants were paramilitaries and its wars were not wars of maneuver with grand armies.

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Guest Essayist: Professor Forrest Nabors

 

The regular appearance of remarks on financial corruption in the proceedings of Congress in the Nineteenth Century might seem to indicate that American Government always was susceptible to the highest bidder. Rather, these comments are markers of Americans’ strong dislike and fear of corruption than they are proof that financial corruption was in fact eating the roots of their republicanism. The Americans had good reason to regard financial corruption in their government as an unmitigated evil, and so they loudly denounced it when they espied it, and publicly shamed, if not impeached, corrupt politicians upon discovery.

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Guest Essayist: Professor Forrest Nabors

 

The old bromide that politics makes strange bedfellows was never truer than during Reconstruction, from 1865-1877, a period of profound political chaos. Coalitions unexpectedly broke apart and unexpected coalitions formed. And never did America experience a presidential election that was more strange than the presidential election of 1872. The deep cause of this chaos was that the entire American political regime was undergoing change.

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Guest Essayist: Professor Forrest Nabors

 

How should we understand the laggard steps of the United States towards the legal enforcement of equal civil and political rights for black Americans? A prevailing sense among Americans today is that the end of legal discrimination was the result of historical evolution. That is, beginning from a morally retrograde starting point, the nation grew and gradually shed its impure prejudices. Partial victories opened new opportunities for more victories, until this evolution culminated in the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

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Guest Essayist: Professor Forrest Nabors

 

Fearless and firm under fire, unflaggingly modest despite reverent acclaim, and always practical – these outstanding qualities of Ulysses S. Grant are acknowledged, whether begrudgingly or enthusiastically, by the many critics of his presidency as well as by his defenders. Grant was quintessentially American, and yet as a leader he proved that his particular mixture of quintessentially American qualities represented the best of us, which might explain why his soldiers trusted him, the northern people adored him and the southern people respected him.

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Guest Essayist: James Legee

 

For nearly the first century of her existence, America had left a promise unfulfilled to both the souls that resided within her borders, as well as humanity at large.  That promise, largely taken for granted today, cost the blood of nearly five thousand in the American Revolution and hundreds of thousands in the Civil War, is the revolutionary idea expressed in the Declaration of Independence that every person is born equal.  The Civil War and Reconstruction fundamentally altered the Union, and most certainly for the better.  The Civil War Amendments, the 13th, 14th, and 15th, sought to fulfill the promise of equality for those enslaved.

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Guest Essayist: Professor Joerg Knipprath

 

When asked what might derail his agenda for his new Conservative Party government, former British Prime Minister Harold MacMillan is said to have responded, “Events, dear boy. Events.” That aptly describes how the political fortunes of war-time Presidents play out. It is surprisingly difficult for incumbent commanders-in-chief to win even if military campaigns are successful. True, Franklin Roosevelt won in 1944. But, even as the Allies were defeating the Axis powers, the popular Roosevelt won with the lowest percentage margin of victory of his campaigns. When elections occurred while the war effort appeared to be flagging, incumbents have fared badly. In 1952, as a result of the Korean War stalemate, President Harry Truman could not even win re-nomination by his own party, and the Democrats lost decisively. In a similar vein, in 1968, President Lyndon Johnson declined to pursue the Democratic Party nomination for re-election after the newscaster Walter Cronkite and other elements of the media turned the disastrous and strategic military defeat of the Viet Cong during the Tet offensive into a prevailing popular tale of American defeat.

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Guest Essayist: Daniel A. Cotter

The Election of 1864: Constitutional Issues Raised by Lincoln’s Conduct of the War

The 1864 election pitted the incumbent, Republican President Abraham Lincoln, against George McClellan of the Democratic Party.  It was the first election since 1840 in which an incumbent was renominated by his own party.  A major focus of the election was the Civil War and the divided Union.  Lincoln’s actions as President would also be considered by the electorate, which reelected him in a landslide.

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We are the only organization that utilizes the movies, music and television with the kids’ own works, to inspire Americans of all ages to learn about the U.S. Constitution by distributing their works through the national media.

Our Impact

The core of our mission is to educate Americans about the Constitution and the rights and liberties it provides and protects for all of us. We accomplish that mission through several programs, including our keystone program — the national We The Future Contest for kids. We also have an exciting new program that features Constituting America Founder and Co-Chair Janine Turner and daughter, National Youth Director Juliette, speaking in person and via “Skype” to classrooms around the country. Our 90 in 90 Study Program: History Holds the Key to the Future is a scholastic study with essays on the founding documents of our country, written by constitutional scholars from the best universities and law schools in the country. Here are a few of the major programs with the highlights and impact we have accomplished over the past six years (2010-2015):

  • We The Future Contest: We have received entries from students in 47 states and have awarded more than $95,000 in scholarship funding for the national We The Future Contest winners.
  • Mentoring Trips: Our winners have traveled on all expense paid trips to Philadelphia for performances at the National Constitution Center, educational tours and learned from historical interpreters! Last year they traveled to Nashville (mentored by Vince Gill), Hollywood (mentored by Gary Sinise) and Washington, DC (mentored by Bret Baier and Brit Hume) for meetings, performances and all dined with a constitutional scholar! This summer brings trips to Nashville (Lari White & Chuck Cannon); and New York (Sean Hannity & Monica Crowley & film producer Micheal Flaherty).

National Exposure & Impact Of Our Contest Winners’ Winning Works

  • NEW for 2016: We have hired Grassroots Promotion to promote winning songs with guaranteed radio station airplay, in addition to Rocking For Freedom CD available on iTunes & e-music platforms. To date, Joy Frost’s song has aired on 44 radio stations over 1,250 times with more spins being added daily & achieved top 20 ranking in Play MPE’s download ranking! Check out our past best song winner, Emily Keener, on this season’s The Voice!
  • Distribution of the Students’ Films and Constituting America’s Documentaries to Film Festivals: We The Future Contest winning short films and Constituting America produced documentaries were accepted at 8 film festivals across the country, with one winning two awards, reaching an audience in excess of 45,000!
  • Students’ PSA’s to Television: 31 TV stations are currently playing our We The Future Contest winning PSAs, reaching over 2 million households.

Resources for Schools

  • School Speaking & Skype Program: Now utilizing Skype and Google Hangouts featuring Janine Turner, Juliette Turner and our winners to conduct virtual classroom presentations promoting constitutional education – over 166 speeches to over 10,000 adults & students; with one minute “teaching clips” from the speeches reaching 100’s of thousands!
  • Distribution of Constituting America Documentaries: Produced and distributed 20,000 Constitutional Documentaries to schools.
  • Distribution of Our Constitution Rocks Books to Schools: Over 11,000 Our Constitution Rocks books have been distributed to teachers, school administrators, after school programs, and legislators at state and federal level by an enthusiastic outside donor.
  • 90 in 90 Essay Project: Academic studies on the Federalist Papers, the Constitution, the Amendments, and the Classics that inspired the Constitution resulted in 632 essays contributed by 98 constitutional scholars. Last year’s study on executive overreach had over 36,000 social media shares! This year’s study entitled “The Intrigue of Presidential Elections And Their Constitutional Impact” launched February 15, 2016.

Spreading The Word

  • Patriot Clubs: 27 active Patriot Clubs in 13 states, working locally and regionally to promote our programs, education and awareness among adult communities and students.
  • Social Media: Constituting America and Janine Turner’s combined Facebook accounts have over 196,230 fans and combined Twitter accounts have over 23,900 followers.
Guest Essayist: David J. Shestokas

 

“… if constitutionally we elect a President, and therefore you undertake to destroy the Union, it will be our duty to deal with you as old John Brown has been dealt with.”
– Abraham Lincoln, December 3, 1859

John Brown had been hanged for treason on December 2, 1859.  Brown had lead a raid on the federal arsenal in Harper’s Ferry, Virginia on October 16.  Brown and his group had intended to secure weapons to arm slaves for a revolt against their masters. The United States Marines, commanded by Colonel Robert E. Lee captured the raiders, foiling the plan. On November 2, Brown received his death sentence.

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Guest Essayist: J. Eric Wise

 

“One would start with great confidence that he could convince any sane child that the simpler propositions of Euclid are true; but, nevertheless, he would fail, utterly, with one who should deny the definitions and axioms. The principles of Jefferson are the definitions and axioms of free society.”
– Abraham Lincoln, Letter to Henry L. Pierce in 1859

Euclid’s geometry begins with five postulates or axioms (e.g., the first postulate, a straight line may be drawn between any two points) that cannot be demonstrated from other principles. The axioms to which Lincoln refers are, of course, the “self-evident” propositions in the Declaration of Independence that all men are created and equal and entitled to inalienable rights. Just as a right triangle cannot be comprehended if the first postulate of Euclid is denied, to Lincoln’s understanding a free society cannot be constructed if Jefferson’s postulates of equality and inalienable right are denied.

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Guest Essayist: Daniel A. Cotter

 

The election of 1860 featured a number of candidates vying for the Presidency, with the tensions over slavery at the forefront.   Abraham Lincoln would carry the North for the Republican Party and win the election over numerous candidates, including three contenders that garnered significant votes.  Other essays in this series cover the 1860 Presidential election and certain of the candidates.  This essay focuses on John Bell, the 1860 nominee for President from the newly formed Constitutional Union Party, and his understanding of the Constitution.

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Guest Essayist: Professor Joerg Knipprath

 

Election of 1860

John C. Breckinridge of Kentucky entered the year 1860 as Vice President, having been elected to that office in 1856 as a Democrat from the Stephen Douglas wing of the party. Taking the oath of office when barely 36 years old, one year above the constitutional minimum, he remains the youngest man elected to that office. When the Whig party collapsed because its intrinsic identity as a national party was ground up between the sectional millstones over slavery, the Republican Party emerged as, initially, a staunch anti-slavery movement. Buoyed by its success in the 1858 congressional elections, the party expanded its political agenda. It strongly supported the Union, and moderated, but did not abandon, its official opposition on slavery. By 1860, it was the party of the North, which former Northern Whigs joined enthusiastically.

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Guest Essayist: David J. Shestokas

 

“Tell them to obey the laws and uphold the Constitution.”
Stephen A. Douglas, deathbed instructions for his sons, June 3, 1861[1]

Stephen Douglas’ instruction to his sons to uphold the Constitution should have been quite clear. He had spent three decades in public life, including 18 years in the United States Congress. He had given hundreds if not thousands of speeches on the critical constitutional issues of his day:  organization and admission of new states and the regulation of slavery in territories purchased from France and won in war with Mexico.

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Guest Essayist: James D. Best

 

The election of 1860 would polarize the nation and challenge the durability of the Constitution. In 1787, the Constitutional Convention in Philadelphia established a new government for the United States of America. For over seventy years, the country had fought fierce political battles over slavery and federalism. Compromises, pacts, and informal precedents managed to hold the country together. This still-young nation would soon become engulfed in a savage civil war that would eventually complete the work begun in 1787.

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Guest Essayist: James D. Best

 

The Making of the President 1860—Mathew Brady and the Cooper Union Address

Abraham Lincoln won the 1860 presidential campaign, yet on a national level, he had served only a single term in the House of Representatives. He had gained renown from his famed debates with Senator Douglas, but remained a minor political figure. How did he make himself a viable candidate? He pulled off this feat in a single day—Monday, February 27, 1860.

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Guest Essayist: Professor Joerg Knipprath

 

The 1850s was, for the American political party system, a decade of “creative destruction,” to borrow a concept from the Austrian economist Joseph Schumpeter. This process of collapse and rebirth, sometimes referred to as a political “realignment,” was triggered by the internal contradictions of a constitutional order resting simultaneously on the animating principle of liberty and the continued protection of slavery. The catalyst was the 1854 Kansas-Nebraska Act, the Lewis Cass-Henry Clay-Stephen Douglas “popular sovereignty” approach to slavery in the territories, and the resultant spectacle of “Bleeding Kansas” as the preface to the Civil War.

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Guest Essayist: James D. Best

 

1856 Race for President—James Buchanan defeats Millard Fillmore and John C. Fremont

The political scene in 1856 was chaotic. The Whig Party had collapsed because of a regional dispute over slavery. The American Party (Know-Nothings) had scooped up Whig remnants to rail against immigrants and Catholics. The new Republican Party, formed to fight slavery, feverishly pulled together abolitionists from wherever they could find them. Democrats, the last functioning national party, worked hard to stifle their own riff between the free and slave states. These three parties, one wounded and two newborn, would fight for the presidency. A dubious prize since seven presidents in a row had served a single term or less.

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Guest Essayist: Daniel A. Cotter

 

The 1852 election pitted Franklin Pierce of the Democratic Party against General Winfield Scott of the Whig Party, John P. Hale of the Free Soil Party, Daniel Webster of the Union Party, Jacob Broom of the Native American Party, and George Troop of the Southern Rights Party.  In nominating Pierce, the Whig party refused to renominate the incumbent, President Millard Fillmore.  Pierce won the election in a significant Electoral College landslide over General Scott, 254-42.  As with the 1848 election, and for the next several presidential elections, a major focus of the election was on the question of slavery, especially the Fugitive Slave Act of 1850 and the Compromise of 1850.

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Guest Essayist: Daniel A. Cotter

 

The 1848 election pitted former President Martin Van Buren of the Free Soil Party against Zachary Taylor of the Whig Party, Gerrit Smith of the Liberty Party, and Lewis Cass of the Democratic Party.  The incumbent, President James Polk, did not seek reelection due to his declining health and his prior promise to serve only one term.  A major focus of election was the question of slavery and whether it would extend to the Western states.   Zachary Taylor narrowly won the election, becoming the third of four Whig Party members to become President of the United States.  As described below, Van Buren’s candidacy on behalf of the Free Soil Party likely influenced the outcome in Taylor’s favor.

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Guest Essayist: Professor Joerg Knipprath

 

The Missouri Compromise of 1820, it has been said often, delayed the Civil War for a generation. The act could not, however, eliminate the reality of slavery and the inherent contradiction of such an institution existing in a society founded on the idea of freedom. The Compromise had loaded the dice in favor of at least a gradual erosion of the slave states’ power, thereby also virtually guaranteeing a serious clash, if those states eventually found themselves in an existential political trap.

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Guest Essayist: Tony Williams

 

Fifty-Four Forty or Fight!

In the early 1840s, thousands of settlers from the Midwest traveled to Independence, Missouri, where they loaded hundreds of pounds of food, tools, and supplies on their oxen-drawn wagons.  They launched an epic overland trek 2,000 miles to the Oregon Territory and braved its dangers in order to participate in the fur trade in earlier decades, but now mostly for farm land.  The individual decisions of these ordinary Americans in search of opportunity in the West would have implications for international affairs and the election of 1844.

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Guest Essayist: Daniel A. Cotter

 

The election of 1844 was notable in that the incumbent Whig President, John Tyler, who ascended to the Presidency when President William Henry Harrison died one month after his inauguration, was not nominated by his party to seek a second term as President.  Tyler’s focus on the annexation of Texas as a slave state set the themes for the 1844 presidential election and also led to James K. Polk becoming the Democratic President.

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Guest Essayist: John S. Baker

 

Presidential Leadership: Rating the Best and the Worst in the White House, a Wall Street Journal Book; James Taranto and Leonard Leo, Editors; Free Press, 2004. Reprinted with permission.

 

Tyler understood the president’s role under the Constitution. His defense of the presidency against Congress and his own party should have earned him a more appreciated place in history.

 
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Guest Essayist: Lisa Ice-Jones

 

“The President holds the sword of the community” and the Congress “not only commands the purse but prescribes the rules.” The “judiciary has no force or will, but merely an opinion.” Alexander Hamilton states all of this in his Federalist paper #78. The framers knew this separation of power was an important one. Knowing how to wield a sword designated an American patriot but could not and would not be the sole source of power. (Paulsen, 2015)

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Guest Essayist: Daniel A. Cotter

 

The Election of 1836: The Tariff Issue, Nullification and the Constitution

The 1836 Presidential election saw Democratic incumbent Vice President Martin Van Buren win the election in a campaign that featured four candidates from the newly-formed Whig Party running against Van Buren by region against a background of Southern threats of nullification and secession, caused chiefly by opposition to federal tariff laws as well as by the issue of slavery. The two-term incumbent, Democrat President Andrew Jackson, decided not to seek a third term and supported his Vice President, Van Buren.  Jackson’s second term and the tariff issue and nullification strategy helped lead to the formation of the Whig Party, which was formed in 1834 in opposition to Jackson and his policies.  The 1836 election was the first in which the Whig Party sought to have a party member as President.  The Whig Party strategy to regionalize the electoral votes in 1836 failed, with Van Buren capturing the Presidency.

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Guest Essayist: Lisa Ice-Jones

 

Martin Van Buren was victorious over the Whig Party and its slate of candidates in the election of 1836, but the preparation for this victory had been a long time coming.  Van Buren had been championing the causes of Jefferson’s Democratic Republican party since early in his career.  He was, through his affiliation with his own political machine the “Albany Regency”, described as one of them and having great ability, great industry, indomitable courage and strict personal integrity.”  He later illustrated that he was capable of shrewd political maneuvering.    He chose to “tred generally in the footsteps of President Jackson” (Moore, 2007) but he also knew when to distance himself.  Because Jackson was a popular President with the people, they liked Van Buren’s alignment with Jackson.  They also liked the fact that Jackson trusted Van Buren even though Henry Clay, with his political magnetism, tried to convince the people that Van Buren was Jackson’s puppet and that Jackson would be controlling him from behind the scenes.

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Guest Essayist: Daniel A. Cotter

 

The election of 1832 featured the incumbent Democratic President, Andrew Jackson, against National Republican Party candidate Henry Clay as the main contender.  Jackson easily won re-election.  A third party, the Anti-Masonic Party, also nominated a candidate, William Wirt, who received just under 8% of the popular vote but only 7 of the 286 Electoral College votes.  Formed as a single-issue party, the Anti-Masonic Party had a short lifespan on the American political stage.

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Guest Essayist: Professor Joerg Knipprath

 

“The Bank, Mr. Van Buren, is trying to kill me, but I shall kill it,” President Andrew Jackson ominously declared on July 4, 1832, to his political confidante and future vice-president, Martin Van Buren, during the apex of his struggle with the Second Bank of the United States.

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Guest Essayist: Professor William Morrisey

 

1828: The General and the Presidency

Americans remember Andrew Jackson’s victory over John Quincy Adams in 1828 as the General’s revenge for his narrow loss to Adams four years earlier, when no candidate received a majority in the Electoral College, the election devolved to Congress, and Henry Clay threw his support to the man most likely to endorse his “American System”—the network of public works or “internal improvements” Clay fought for throughout his career. In accepting the grateful president-elect’s offer of the Secretary of State, Clay opened himself and his ally to the charge of a  “corrupt bargain”—a charge Andrew Jackson fervently believed true, and one he and his political allies kept alive for the next four years.

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Guest Essayist: Professor Mark Cheathem

 

Andrew Jackson’s defeat of John Quincy Adams in the 1828 presidential election has often been heralded as the beginning of the second American party system. While historians today offer a more complicated interpretation of the two-party system that emerged in the 1820s and 1830s, the 1828 contest between Jackson and Adams was unquestionably a pivotal turning point in American political history.

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Guest Essayist: Tony Williams

 

The election of 1824 was eerily similar to the 2016 campaign.  It was characterized by fierce personal attacks launched by the surrogates of candidates and by the candidates who accused each other of corruption.  Several establishment candidates ran but failed to rouse the base.  One highly popular candidate ran as an anti-establishment, Washington outsider and was widely accused of being a demagogue.  The partisan media lined up for their favorite candidates.  Economic issues ruled the day with many concerned about government intervention in the economy while others railed against “the interests.”

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Guest Essayist: Professor Joseph Postell

 

The 1824 presidential election produced the infamous “Corrupt Bargain,” in which the House of Representatives selected John Quincy Adams as President rather than Andrew Jackson, who finished first in the popular vote and in the Electoral College (but did not reach a majority in either).  More important, however, is the fact that the 1824 election led to the creation of strong political parties and the system of national nominating conventions for the two main parties.

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Guest Essayist: Professor Robert Lowry Clinton

 

McCulloch v. Maryland, 4 Wheaton (17 U.S.) 316 (1819), is widely regarded as the landmark case defining the boundaries of power between national and state government in the American federal system. In McCulloch, the United States Supreme Court, in a unanimous opinion written by Chief Justice John Marshall, explored the extent of implied congressional power under the Necessary and Proper Clause of Article I, Section 8 of the Constitution. The Court also determined the effect of the National Supremacy Clause in Article VI when an exercise of state authority conflicts with a national law.

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Guest Essayist: Daniel A. Cotter

 

The Election of 1820: The Uncontested Race and the Missouri Compromise

The election of 1820 was the last presidential contest in which the ticket ran virtually unopposed.  President James Monroe and his Vice President, Daniel D. Tompkins, won all but one electoral vote, which went to John Quincy Adams.  The only other president elected without opposition had been George Washington in 1788 and 1792.  The Federalist Party ran no presidential candidate and the election effectively marked the end of the Federalist Party.  Monroe’s re-election came in the wake of Congressional debate on Missouri Compromise, which had been passed by the Senate and was still pending in the House at the time of the election.

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Guest Essayist: Professor Kyle Scott

 

The debate over the First and Second Banks of the United States expose the difficulties of constitutional interpretation. Additionally, the debate surrounding the Second Bank of the United States is a study of how principles can give way to political expediency. The following essay will provide a brief overview the Banks, discuss the constitutional debate surrounding the Banks, and then discuss the Second Bank as it relates to the presidential election of 1816 in which James Monroe succeeded James Madison by defeating Rufus King.

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Guest Essayist: Professor Joerg Knipprath

 

Rufus King: delegate from Massachusetts to both the Confederation Congress and the Constitutional Convention in Philadelphia (where, he was one of five members of the influential Committee of Style), long-time U.S. Senator from New York, unsuccessful candidate for governor of New York, two-time American ambassador to Great Britain (where his first successor was James Monroe), and three times unsuccessful Federalist Party candidate for high executive office in the general government—twice for vice-president and once for president. It was this patriot’s lot to lead the disgraced and disintegrating rump of the Federalist Party in its last national campaign.

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Guest Essayist: Sam Agami

 

The waging of war is the greatest challenge any person in national authority can face.  It is an all-consuming task.  It is an undertaking that can destroy both leader and nation.  Of all governments, Constitutional Republics face the greatest challenge.  Conscripting armies, rationing materials, the issuing and obeying of unquestionable orders; all of these go against the very nature of a Constitutional republic.  In a time where national sovereignty is at stake, it is tempting to overlook the importance of core principles such as the consent of the governed and rule of law.  How many republics across the globe have transitioned into military dictatorships that started as temporary states of emergency?   As Abraham Lincoln so famously reflected in Gettysburg in 1863, “…we are engaged in a great civil war, testing whether that nation or any nation so conceived (in liberty) and so dedicated can long endure…”    

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Guest Essayist: Tony Williams

 

On June 22, 1807, the American frigate USS Chesapeake set sail from Norfolk, Virginia for the waters of the Atlantic to join in a squadron heading to the Mediterranean to battle the Barbary Pirates.  The 50-gun British warship HMS Leopard immediately pounced upon the ship and sought to board her seeking deserters from the Royal Navy.  When American Commodore James Barron refused the demand, the Leopard fired a warning shot and then loosed a deadly broadside at the Chesapeake.  The thunderous barrage was followed by others, and the beleaguered American ship could only offer meager resistance.  As the smoke drifted around the opposing ships, three American sailors lay dead and eighteen writhed in agony from horrific wounds.  Barron had no choice but to surrender, and the British seized four seamen though only one was a British subject.

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– – Friday, February 19, 2016
The Washington Times

Let it be noted: Pinocchio’s nose no longer grows when he lies. And it’s a real shame. For decades Pinocchio served as the shining example for youngsters like me, warning us to never lie. “If you lie,” our parents said, “everyone will find out, because your nose will grow like Pinocchio‘s!” Out of fear of having out nose extend far out of our face, we kept our tongue from slipping and our words honest.

But those days are now over. Pinocchio wished upon a star for a new nose. Today, Pinocchio has utilized the magic of modern medicine, paid for a nose job, and never again has to worry about his nose growing. Click here to read more!

Juliette Turner is the National Youth Director of Constituting America.

– – Friday, February 12, 2016
The Washington Times

If one were to look through the list of America’s past presidents, one would quickly conclude that many of the men who held our nation’s highest office would not have reached the Oval Office if they ran today. For example, James Madison’s soft voice and small stature would have branded him as too meek and complacent to serve, Andrew Jackson’s mistake of marrying a technically-still-married-woman would have been the subject of countless attack adds, Abraham Lincoln’s strange looks and history of deep depression would have deterred many voters, Theodore Roosevelt’s choice to leave his infant daughter behind while he wrangled the wild west would have been looked upon as unsound judgment, Warren Harding’s extramarital flings would have inevitably surfaced quickly in the primaries, Franklin Roosevelt’s fragile health would have caused his opponents to label him as unable to serve…and the list goes on and on. Click here to read more.

Juliette Turner is the National Youth Director of Constituting America.

Guest Essayist: Professor Robert McDonald

 

The best argument against Thomas Jefferson’s 1804 reelection might well have been his presidency’s greatest success. The purchase of Louisiana doubled the nation in size, ensured the free flow of commerce along the Mississippi, and removed from the continent the threat of Napoleon Bonaparte’s France, which would soon take possession of the territory from Spain. Yet it was also unconstitutional—as Jefferson understood.

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Guest Essayist: James Legee

 

The election of 1804 is markedly less significant than the “Revolution of 1800.”  While the triumph of Jefferson’s Democratic-Republicans over Adams and Hamilton’s Federalist Party is noted by Jefferson as an event that “will ameliorate the condition of man over a great portion of the globe,” 1804 failed to merit such hope for the future of humanity.  It would, however, measure the ability of the new Constitution to remedy itself through the amendment process and lead us to questions on the nature of the executive branch and what representation in a republic means.

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Guest Essayist: Professor Joerg Knipprath

 

Today, having the House of Representatives elect the president seems strange, almost freakish. But to the Framers, the participation of the House in this process was expected to be common-place. The problem arises out of the practical need for at least a two-step procedure. There first must be a mechanism to nominate a number of candidates for the office and, second, a process to select the winner from those nominees.

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Guest Essayist: Tony Williams

 

In the summer of 1798, the capital of Philadelphia was gripped by several fevers.  Ships from the tropical West Indies brought Yellow Fever to several port cities including Philadelphia, causing thousands to flee for their lives as the number of victims escalated.  The epidemic, however, hardly compared to the political fever taking hold over the country.

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Guest Essayist: Kevin Gutzman

 

John Adams’ narrow victory over Thomas Jefferson in the election of 1796 foreshadowed the contentious political environment of Adams’ sole term. Soon enough, the Republican opposition went into full battle mode, and Adams’ refusal to respond by playing party chieftain goes a long way toward explaining his narrow loss in 1800. Read more

Guest Essayist: Professor Joerg Knipprath

Six months before his retirement from the presidency, George Washington gave a farewell address to the nation. Among several memorable passages is his warning about the evils of the spirit of party, particularly as it manifests itself in republican forms of government. “This spirit, unfortunately, is inseparable from our nature having its roots in the strongest passions of the human mind. It exists under different shapes in all governments…; but in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy.”

There must have been more than a small measure of regret in that message. Washington had striven to govern as a president of all, above the pettiness of partisanship. Events and the “natural inclinations of men” so prominently borne by politicians denied him success. Indeed, the passage of time in office corrodes every presidency and, for an increasing portion of the population, turns familiarity into contempt for the occupant. This malignancy affected even Washington by 1796. Toward the end of his term, the President was frequently attacked in speeches and writings. Jefferson wrote to a friend, deriding “men who were Samsons in the field and Solomons in the Council” whose heads had been “shorn by the harlot England.” The letter conveniently found its way into print, where the readers readily understood his reference to Washington, Hamilton, and Adams. The reliably partisan Jeffersonian organ, the Philadelphia Aurora, edited by Madison’s Princeton University classmate Philip Freneau, rejoiced on the occasion of Washington’s retirement that “this day ought to be a Jubilee in the United States…for the man who is the source of all the misfortunes of our country, is this day reduced to a level with his fellow citizens.” Jefferson’s machinations behind Washington’s back almost persuaded the exasperated President earlier in his term to fire Jefferson, with the latter resigning in time. Washington, who knew how to carry a grudge, never spoke to Jefferson again.

How had it come to this? The first term of the Washington administration had been consumed with domestic policy concerns, primarily establishing the new union on a firm economic and constitutional footing. That had been largely achieved with the adoption of Hamilton’s domestic program and the settlement of the location of the new capital city. As well, Washington’s personal propriety and political sobriety had established sound precedents for his successors about the constitutional dimensions of the presidency and the appropriate conduct in office of a republican head of government. There had been difficulties with the British and French due to the incipient political turmoil of the French Revolution, which had stirred some passions among Americans. Moreover, British policy regarding the Indian tribes and the retention of border forts along the old northwest frontier were irritants and, for some, a mark of humiliation. All things considered, however, by most marks the country in 1792 was more stable than it had been since independence was declared from the mother country in 1776.

The second term of the administration was dominated by foreign events, a trend that even intensified after Washington left office. The government was, to put it mildly, an unwilling participant in these affairs; the nation was, to put it bluntly, woefully unprepared to participate.

But participate they must, and those events fractured America’s political system along the lines of the conflicting personalities and visions of Hamilton and Jefferson.

European big power politics rose to another dimension in 1793, with the beginning of the revolutionary Reign of Terror in France, the French declaration of war against Britain and Spain, and the arrival of “Citizen” Genet as French minister to the U.S. As Genet made his way around the U.S., he founded Jacobin Clubs and was feted by the pro-French Jeffersonians. Much to the dismay of Washington and the shock—feigned or real—of the Anglophile Hamilton, Genet agitated openly for Americans to pressure the administration into active support for France. On the other side, the British navy seized American merchant ships, precipitating calls for war from pro-French factions. Ideological fervor seized the American populace. Still, admiration or disdain for the respective European powers was not just based on views about revolution, but was also tied to extraneous regional and local interests and rivalries. While the emerging commercial North favored Britain and the agrarian South, suspicious of “stock-jobbers” (as Jefferson described the financial interests), favored France, local interests broke up the pattern.

President Washington responded with his “Neutrality Proclamation” in April, 1793. The administration’s opponents in Congress argued that this was not a constitutional power of the president, and that Washington had usurped Congress’s powers. Writing pseudonymously as Pacificus, Hamilton promptly published seven essays in support of the proclamation. He urged not only that it was the “duty of the executive to preserve peace” until Congress exercised its constitutional power to declare war. Rather, he claimed a broader implied power for the executive to act for the interest of the country unless the Constitution clearly prohibited him from doing so or assigned the role to another branch, a position that has been enduringly popular with presidents since then. Jefferson wanted to respond, but, as a member of the cabinet, believed it better to enlist James Madison’s services. Madison was extremely reluctant to participate, but eventually penned five responses under the name Helviticus.

Popular reaction against the Whiskey Rebellion by western Pennsylvania farmers over the excise tax on alcoholic spirits, as well as Jefferson’s reluctance to distance himself decisively from the French Revolution as news of the Terror reached American shores, helped produce a Federalist victory in the1794 congressional election. Soon thereafter, as the terms of the recently-negotiated Jay Treaty with Great Britain were debated in the halls of Congress and in the press, political passions reached a peak. The treaty was generally favorable to the United States in that it prevented a war with Britain that the Americans could not afford and also brought relative peace to the Northwest frontier. It was founded on a bilateral optimism about the future of the parties as trading partners.

However, some critical issues about compensation for slaves and payment of sequestered debts were left unresolved and to be settled by future commissions. Led by their philosophical leader, the Republicans saw this, as Jefferson wrote, “as a treaty of alliance between England and the Anglomen of this country, against the legislature and people of the United States.” In reality, what stung the opponents was that the treaty embodied a rejection of their foreign policy and, by extension, their ideological premises. Matters were certainly not improved for them by the fact that the terms of the treaty itself were the work of Alexander Hamilton, supported by the diplomatic skill of John Jay.

Opposition to the Jay Treaty galvanized what had been a loose faction, primarily in Congress, into an organized political party. They took the name Jefferson had given them informally, “Republicans,” to imply that their opponents were monarchists. The Federalists followed suit. Their designation came from Hamilton’s desire to cast his faction as defenders of the Constitution and his opponents as Antifederalists. Over the next two years, both sides organized local clubs and set up friendly newspapers. The Jeffersonians, especially, were aware of the need to move beyond their base in the South and courted politically disaffected groups in the North and West.

The election of 1796 pitted Vice-President John Adams of Massachusetts and Thomas Pinckney of South Carolina for the Federalists against Thomas Jefferson of Virginia and Aaron Burr of New York for the Republicans. Alexander Hamilton, who had left the cabinet in 1795, believed himself to be the proper leader of the Federalists. He had Washington’s favor and managed to place his associates in several cabinet positions. As well, his many connections broadened his influence. Under the voting rules of the time, each presidential elector cast two undifferentiated votes. The winner (assuming this constituted a majority of the electors appointed) became president, and the runner-up was vice-president.

Adams’s intellect and personal honesty were generally acknowledged. But there was a perceived flaw. Benjamin Franklin had characterized him as “always honest, often great, but sometimes mad.” More likely, Adams simply lacked the “talents for low intrigue, and the little arts of popularity” that Hamilton once had warned against in the Federalist Papers concerning the selection of the president. Adams’s dislike of the capital’s society and his propensity to pomposity did not help. The debacle of Adams’s proposal for a sonorous and expansive formal title for the president had made him a laughing-stock and tagged him with the title “His Rotundity.”

Hamilton believed Adams to be emotionally unstable and, hence, unsuited for the office. He maneuvered to place Pinckney in the presidency, instead. He expected the northern electors to vote for the party ticket, but bargained with Edward Rutledge, a Jeffersonian politician, to have the South Carolina electors vote for Jefferson and Pinckney. The plan became known. Enough northern electors voted for Adams and not-Pinckney that Adams narrowly won, 71 votes to 68. Unfortunately, Pinckney was third. Adams’s erstwhile and future friend, Jefferson, was second and became vice-president. Their current positions as heads of opposing parties did not bode well for amicable government. Worse, for the Federalists, the unifying Washington was gone, and the ambitious Hamilton nipped at Adams’s flanks. The clouds that had appeared on the political horizon in the previous election now had gathered. If and when the storm broke, and how severe the deluge would be, would have to await the next election.

An expert on constitutional law, Prof. Joerg W. Knipprath has been interviewed by print and broadcast media on a number of related topics ranging from recent U.S. Supreme Court decisions to presidential succession. He has written opinion pieces and articles on business and securities law as well as constitutional issues, and has focused his more recent research on the effect of judicial review on the evolution of constitutional law. He has also spoken on business law and contemporary constitutional issues before professional and community forums. Read more from Professor Knipprath at: http://www.tokenconservative.com/.

Guest Essayist: Professor Joerg Knipprath

 

In early 1790, in just the second year of the general government under the new constitution, Treasury Secretary Alexander Hamilton delivered on the charge made to him by the first Congress in 1789 to prepare a plan for the “adequate support of public credit.” This First Report on the Public Credit proposed to pay off the foreign and domestic debt at par through new U.S. bonds, which, in turn, were to be paid off through import duties and excise taxes, such as those on whiskey. To help tie disparate creditors of the states to the national program, the general government also would assume the Revolutionary War debts of the states. Later that year, he submitted the related Report on the Bank of the United States. This analogue to the Bank of England, but owned principally by private investors and with branches set up in various states, was to provide the core of a nascent banking system necessary for the country’s commercial development.

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Guest Essayist- James D. Best

 

The First Presidential Campaign—George Washington, 1788-89

George Washington won the first presidency under the newly established Constitution. He ran unopposed, professed not to want the job, remained for the most part at Mount Vernon, and yet won unanimously. Many believe he never campaigned, but instead acquiesced to a call to duty from his countrymen. Perhaps it was not so simple.

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Guest Essayist: Tara Ross

 

Our founding generation would doubtless be surprised to discover that America’s presidential election system has become the subject of some controversy.

Indeed, our Founders were rather proud of the process they’d created.

“The mode of appointment of the Chief Magistrate of the United States,” Alexander Hamilton wrote in 1788, “is almost the only part of the system . . . which has escaped without severe censure . . . . I venture somewhat further, and hesitate not to affirm that if the manner of it be not perfect, it is at least excellent.”

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Guest Essayist: Tara Ross

The Electoral College may be one of America’s most misunderstood institutions.  How often do you hear a media outlet or school textbook gratuitously bash our presidential election system as “outdated” or “archaic”? It’s said to be a relic of the horse and buggy era—a process created by slaveholding Founders who didn’t trust the people to govern themselves.

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Monday, February 15, 2016
Introduction by Constituting America Founder & Co-Chair, Janine Turner & her daughter, Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, February 16, 2016
Why Was The Electoral College Created? – Tara Ross, author of Enlightened Democracy, the Case for the Electoral College.

Wednesday, February 17, 2016
Does The Electoral College Still Work? – Tara Ross, author of Enlightened Democracy, the Case for the Electoral College. 

Thursday, February 18, 2016
(1789) George Washington: The First Election Under the New Constitution – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Friday, February 19, 2016
(1792) George Washington Sets the Tone for America as Its First Elected President – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, February 22, 2016
(1796) John Adams Defeats Thomas Jefferson – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Tuesday, February 23, 2016
(1800) Thomas Jefferson Defeats John Adams: The First Peaceful Transfer of Presidency From One Political Party to Another – Kevin Gutzman, Professor and Chairman, Department of History, Western Connecticut State University and Author, James Madison and the Making of America

Wednesday, February 24, 2016
(1800) The Election Of 1800: Constitutional Implications Of The Alien & Sedition Acts – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, February 25, 2016
(1800) Electoral College Tie Between Jefferson and Burr, Throwing an Election Into the House of Representatives for the First Time – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Friday, February 26, 2016
(1804) Thomas Jefferson Defeats Charles Pinckney: The Significance of the 12th Amendment – James Legee, Program Director, The Freedoms Foundation at Valley Forge; Adjunct Professor, Albright College, PA

Saturday, February 27, 2016
(1804) The Constitutional Significance of the Louisiana Purchase: An Election Issue – Robert McDonald, Professor of American History, United States Military Academy, West Point; Author, Confounding Father: Thomas Jefferson’s Image in His Own Time (forthcoming)

Monday, February 29, 2016
(1808) James Madison Defeats Charles Pinckney: The Embargo Act of 1807 – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Tuesday, March 1, 2016
(1812) James Madison Defeats De Witt Clinton: The Issues of a Wartime Election – Sam Agami, History Teacher, Princess Anne Middle School, VA

Wednesday, March 2, 2016
(1816) James Monroe Defeats Rufus King: The Hartford Convention – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Thursday, March 3, 2016
(1816) Constitutional Issues Surrounding the Second Bank of the U. S. – Kyle Scott, Professor of Political Science, University of Houston, TX; Author, The Federalist Papers: A Reader’s Guide

Friday, March 4, 2016
(1820) James Monroe Won Unopposed: The Missouri Compromise – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, March 7, 2016
(1820) McCulloch v. Maryland: A Campaign Issue – Robert Lowry Clinton, Professor and Chair Emeritus, Department of Political Science, Southern Illinois University Carbondale; Author, Marbury v. Madison; Judicial Review

Tuesday, March 8, 2016
(1824) John Quincy Adams Defeats Henry Clay, Andrew Jackson, and William Crawford: Constitutional Implications of the Rise of Party Nominating Conventions and the Empowerment of Popular Votes in Elections – Joe Postell, Professor of Political Science, University of Colorado at Colorado Springs, CO

Wednesday, March 9, 2016
(1824) The Second Instance of an Election Decided in the House of Representatives – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, March 10, 2016
(1828) Andrew Jackson Defeats John Quincy Adams: The Two-Party System – Mark Cheathem, History Professor, Cumberland University, TN

Friday, March 11, 2016
(1828) Controversy Over Andrew Jackson’s War Record and the Question of Civilian Control Over the Military – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

 Monday, March 14, 2016
(1832) Andrew Jackson Defeats Henry Clay, William Wirt: The Re-Chartering of the Bank of the U.S. – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

 Tuesday, March 15, 2016
(1832) The Anti-Masonic Controversy – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Wednesday, March 16, 2016
(1836) Martin Van Buren Defeats William Henry Harrison, Daniel Webster, Hugh White: The Unusual Practice of Running Three Candidates by One Party (the Whigs) in Different Parts of the Country – Lisa Ice-Jones, Administrator, President William Henry Harrison’s Grouseland Mansion and Museum

Thursday, March 17, 2016
(1836) The Tariff Issue and the Constitution – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Friday, March 18, 2016
(1840) William Henry Harrison Defeats Martin Van Buren: The Appeal of Running Military Heroes for President and the Issue of Generalship as a Qualification for Executive Office – Lisa Ice-Jones, Administrator, President William Henry Harrison’s Grouseland Mansion and Museum

Saturday, March 19, 2016
John Tyler (1841-45) excerpt from “Presidential Leadership: Rating the Best and the Worst in the White House,” a Wall Street Journal Book; James Taranto and Leonard Leo, Editors; Free Press, 2004. – John S. Baker, Professor of Law Emeritus, Louisiana State University Law School

Monday, March 21, 2016                                                          
(1844) James K. Polk Defeats Henry Clay, James Birney: Texas Annexation as it Related to the Issue of Slavery – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, March 22, 2016
(1844) The Issue of Oregon Territorial Boundary – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Wednesday, March 23, 2016
(1848) Zachary Taylor Defeats Martin Van Buren, Lewis Cass: Popular sovereignty in the territories, which was Cass’s issue and which would continue to affect U. S. Constitutional politics for the next decade – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Thursday, March 24, 2016
(1848) Abolitionism and the Constitution – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Friday, March 25, 2016
(1852) Franklin Pierce Defeats Winfield Scott, John Pitale: The Controversy Over the Fugitive Slave Act of 1850 – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, March 28, 2016
(1856) James Buchanan Defeats Millard Fillmore, John C. Fremont: The Kansas-Nebraska Act – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Tuesday, March 29, 2016
(1856) The Rise of the Republican Party – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Wednesday, March 30, 2016
(1860) Abraham Lincoln’s Cooper Union Address and Mathew Brady’s Lincoln Photo: The Making of the President – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Thursday, March 31, 2016
(1860) Abraham Lincoln Defeats Stephen Douglas, John C. Breckinridge, John Bell: Constitutional Issues Surrounding Secessionism And “The Crisis of the House Divided” – James D. Best, author of Tempest at Dawn, a novel about the 1787 Constitutional Convention, Principled Action, and the Steve Dancy Tales

Friday, April 1, 2016
(1860) Stephen Douglas’s Understanding of the Constitution – David Shestokas, Author, Constitutional Sound Bites; Host, Constitutionally Speaking

Saturday, April 2, 2016
(1860) John C. Breckinridge’s Understanding of the Constitution – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, April 4, 2016
(1860) John Bell’s Understanding of the Constitution – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, April 5, 2016
(1860) Abraham Lincoln’s Understanding of the Constitution, Part 1: Its Relation to the Declaration of Independence – J. Eric Wise, Partner, Gibson Dunn & Crutcher LLP in New York City

Wednesday, April 6, 2016
(1860) Abraham Lincoln’s Understanding of the Constitution, Part 2: The Importance of the Union – David Shestokas, Author, Constitutional Sound Bites; Host, Constitutionally Speaking

Thursday, April 7, 2016
(1864) Abraham Lincoln Defeats George McClellan: Constitutional Issues Raised by Lincoln’s Conduct of the War – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Friday, April 8, 2016
(1864) Holding a Presidential Election During a Civil War – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, April 11, 2016
“Civil War Amendments” to the Constitution – James Legee, Program Director, The Freedoms Foundation at Valley Forge; Adjunct Professor, Albright College, PA

Tuesday, April 12, 2016
(1868) Ulysses S. Grant Defeats Horatio Seymour: Reconstruction and the Constitution – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Wednesday, April 13, 2016
(1868) Constitutional Issues Surrounding Black Suffrage – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Thursday, April 14, 2016
(1872) Ulysses S. Grant Defeats Horace Greeley: The Continuing Controversies Over Reconstruction – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Friday, April 15, 2016
(1872) Civil Service Reform – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Monday, April 18, 2016
(1876) Rutherford B. Hayes Defeats Samuel Tilden: The End of Reconstruction – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Tuesday, April 19, 2016
(1876) Rutherford B. Hayes v. Samuel Tilden: Controversy Over Election Returns in This Election – Forrest Nabors, University of Alaska at Anchorage Professor of Political Science

Wednesday, April 20, 2016
(1880) James Garfield Defeats Winfield Scott Hancock: The Tariff Controversy, Post-Civil War – Kirk Higgins, Senior Manager of Education Bill of Rights Institute

 Thursday, April 21, 2016
(1884) Grover Cleveland Defeats James G. Blaine: The Issues Surrounding the Furor Stirred by the “Rum, Romanism, and Rebellion” Slogan, Regarding Religious Freedom and Anti-Catholic Prejudice – Peter Roff, Advisory Board Member, Constituting America; Contributing Editor, U.S. New and World Report

Friday, April 22, 2016
(1888) Benjamin Harrison Defeats Grover Cleveland: The Constitutional Issues Raised by Cleveland’s Veto of Pension Legislation for Veterans – Brion McClanahan, Author, The Founding Fathers Guide to the Constitution

Monday, April 25, 2016
Grover Cleveland: Twenty-second and Twenty-fourth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, April 26, 2016
William McKinley: Twenty-fifth President of the United States  – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Wednesday, April 27, 2016
(1896) William McKinley Defeats William Jennings Bryan: The Gold Standard vs. Bimetallism – Karl Rove, Former Deputy Chief of Staff to President George W. Bush and author of The Triumph of William McKinley, Why the Election of 1896 Still Matters

Thursday, April 28, 2016
(1904) Theodore Roosevelt Defeats Alton Parker: Anti-Trust Legislation – Steven Aden, Senior Counsel, Alliance Defending Freedom

Friday, April 29, 2016
(1904, 1908) Theodore Roosevelt’s “Square Deal” vs. William Jennings Bryan’s Populism – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, May 2, 2016
(1908) William Howard Taft Defeats William Jennings Bryan – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, May 3, 2016
Progressivism and Its Theory of Constitutionalism – Matthew Spalding, Ph.D. – Associate Vice President and Dean of Educational Programs, The Allan P. Kirby, Jr. Center for Constitutional Studies & Citizenship, Hillsdale College 

Wednesday, May 4, 2016
(1912) Woodrow Wilson Defeats William Howard Taft, Theodore Roosevelt, Eugene Debs: Woodrow Wilson’s “New Freedom” – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, May 5, 2016
(1912) Theodore Roosevelt’s “New Nationalism” – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

Friday, May 6, 2016
(1912) Eugene Debs’ Socialism and the U. S. Constitution – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Monday, May 9, 2016
(1916) Woodrow Wilson Defeats Charles Evans Hughes – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Tuesday, May 10, 2016
Warren G. Harding: Twenty-Ninth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Wednesday, May 11, 2016
(1920) The Sedition Act and Eugene Debs: Raising of the issue of the “Red Scare” – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Thursday, May 12, 2016
(1924) Calvin Coolidge Defeats Robert M. LaFollette, Burton K. Wheeler (Progressive Party), and John W. Davis: The Direct Election of Presidents – Joe Postell, Professor of Political Science, University of Colorado at Colorado Springs, CO

Friday, May 13, 2016
Women’s Suffrage and the Impact on Presidential Elections – Rachel Sheffield, Policy Analyst, DeVos Center for Religion & Civil Society, The Heritage Foundation

Saturday, May 14, 2016
Herbert Hoover: Thirty-first President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Monday, May 16, 2016
(1928) The Effects of Urbanization on the U. S. and Its Implications for Constitutional Government – Scot Faulkner, Former Chief Administrative Officer of the U.S. House of Representatives and as a Member of the Reagan White House Staff

Tuesday, May 17, 2016
(1932) Franklin D. Roosevelt Defeats Herbert Hoover: How the Great Depression Threatened Constitutionalism – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Wednesday, May 18, 2016
(1932) The “New Deal” – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, May 19, 2016
(1936) Franklin D. Roosevelt Defeats Alfred Landon: Administrative Centralization and Its Implications for Constitutionalism – Joerg Knipprath, Constitutional Law Professor, Southwestern Law School, CA

Friday, May 20, 2016
(1936) Supreme Court Opposition to New Deal Laws – Horace Cooper, Legal Commentator; Adjunct Fellow, National Center for Public Policy Research

Monday, May 23, 2016
(1940) Franklin D. Roosevelt’s Unprecedented Run for a Third Term – Andrew Bibby, Interim Director, Center for Constitutional Studies, Utah Valley University

Tuesday, May 24, 2016
(1944) Franklin D. Roosevelt Defeats Thomas Dewey: Constitutional Implications of Roosevelt’s Liberal Internationalism, United Nations – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Wednesday, May 25, 2016
(1948) Harry Truman Defeats Thomas Dewey, Strom Thurmond (“Dixiecrat”), Henry Wallace (Progressive Party): “States’ Rights” and Civil Rights Issues Raised by Dixiecrats – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

Thursday, May 26, 2016
(1948) Harry Truman: The Atomic Bomb, Cold War, Marshall Plan & The Fair Deal and Civil Rights Reform – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Friday, May 27, 2016
(1952) Dwight D. Eisenhower Defeats Adlai Stevenson: Communism and Civil Liberties – Horace Cooper, Legal Commentator; Adjunct Fellow, National Center for Public Policy Research

Monday, May 30, 2016
A Memorial Day Message – Janine Turner, Constituting America Founder & Co-Chair

Tuesday, May 31, 2016
(1956) Dwight D. Eisenhower Defeats Aldai Stevenson – Jim Legee, Program Director, The Freedoms Foundation at Valley Forge; Adjunct Professor, Albright College, PA

Wednesday, June 1, 2016
(1960) The Election of the First Catholic President as a Vindication of the First Amendment’s Clauses on Religious Freedom and Religion Establishment – Tony Williams – Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Thursday, June 2, 2016
(1964) Lyndon B. Johnson Defeats Barry Goldwater: The “Great Society” and the Constitution – Brion McClanahan, Author, The Founding Fathers Guide to the Constitution

Friday, June 3, 2016
(1968) Richard Nixon Defeats Hubert Humphrey, George C. Wallace: The Rise of the “New Left” – Steve Knott, Co-author with Bill of Rights Institute’s Tony Williams, Washington and Hamilton: The Alliance That Forged America

Saturday, June 4, 2016
(1968) Supreme Court Decisions on Civil Rights—an Issue Raised by George C. Wallace – Daniel Cotter, Adjunct Professor, The John Marshall Law School; Immediate Past President, The Chicago Bar Association

Monday, June 6, 2016
(1972) Richard Nixon: Thirty-Seventh President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, June 7, 2016
A Different Take on Watergate – John Marini, Senior Fellow, Claremont Institute, California; Fourth book in progress, American Constitutionalism and the Administrative State

Wednesday, June 8, 2016
(1972) Richard Nixon Defeats George McGovern: Watergate – David Kopel, Research Director at the Independence Institute, and Adjunct Professor of Advanced Constitutional Law at Denver University, Sturm College of Law

Thursday, June 9, 2016
Our Constitution Works: President Ford’s Date With Destiny – Gerald R. Ford Presidential Foundation, Grand Rapids, Michigan

Friday, June 10, 2016
(1976) Jimmy Carter: Thirty-Ninth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Monday, June 13, 2016
(1980) Ronald Reagan Defeats Jimmy Carter, John Anderson: The Critique of the Administrative State – Andrew Langer, President, Institute for Liberty

Tuesday, June 14, 2016
(1984) Ronald Reagan Defeats Walter Mondale: Geraldine Ferraro Nomination as Vice President and the Constitutional Implications of the Feminist Movement – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Wednesday, June 15 – Thursday, June 16, 2016
(1988) George H.W. Bush Defeats Michael Dukakis – Tony Williams, Professional Development Instructor, Bill of Rights Institute; Author, Washington and Hamilton: The Alliance that Forged America

Friday, June 17, 2016
(1992) Bill Clinton Defeats George H.W. Bush – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Monday, June 20, 2016
(1992) Bill Clinton Defeats George H.W. Bush – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, June 21, 2016
(1992) Bill Clinton Defeats George H.W. Bush – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Wednesday, June 22, 2016
(1996) Bill Clinton, Presidential Elections, And Constitutional Rule Of Law – Brian Chilton, former University Of Virginia School Of Law Associate Editor & Executive Editor, Virginia Law Review; Author, Issachar’s Heirs

Thursday, June 23, 2016
(2000) George W. Bush Defeats Al Gore, Ralph Nader: A Case Study On Choosing Electors – The Honorable John N. Hostettler, former Congressman from Indiana; Director, The D. James Kennedy Center for Christian Statesmanship; Author of Ordained and Established: A Statesman-Citizen’s Guide to the United States Constitution

Friday, June 23, 2016
(2004) George W. Bush Defeats John Kerry: Terrorism and the Constitution – Andrew Langer – President, Institute for Liberty

Monday, June 27, 2016
(2008) Barack Obama: Forty-Fourth President of the United States – Juliette Turner, author of Our Presidents Rock (Harpers Collins/Zondervan)

Tuesday, June 28, 2016
(2012) Barack Obama Defeats Mitt Romney – Michael Barone, co-author of The Almanac of American Politics and Senior Political Analyst for the Washington Examiner; Resident Fellow, American Enterprise Institute

Wednesday, June 29, 2016
Conclusion: Constitutional Issues in the 2016 Election – William Morrisey, William and Patricia LaMothe Chair in the United States Constitution at Hillsdale College; Author, Self-Government, The American Theme: Presidents of the Founding and Civil War and The Dilemma of Progressivism

 

If one were to look through the list of America’s past presidents, one would quickly conclude that many of the men who held our nation’s highest office would not have reached the Oval Office if they ran today. For example, James Madison’s soft voice and small stature would have branded him as too meek and complacent to serve, Andrew Jackson’s mistake of marrying a technically-still-married-woman would have been the subject of countless attack adds, Abraham Lincoln’s strange looks and history of deep depression would have deterred many voters, Theodore Roosevelt’s choice to leave his infant daughter behind while he wrangled the wild west would have been looked upon as unsound judgment, Warren Harding’s extramarital flings would have inevitably surfaced quickly in the primaries, Franklin Roosevelt’s fragile health would have caused his opponents to label him as unable to serve…and the list goes on and on.

So what changed? Read more

If you grow fruits and vegetables, the federal government might limit how many fruits and vegetables you can sell. Some raisin growers learned this the hard way when they were fined by the United States Department of Agriculture (USDA) for not turning over part of their crop to the federal government.

This year, the United States Supreme Court in Horne v. USDA decided this “raisin case,” holding that under the Fifth Amendment, the federal government was taking the raisins and therefore must provide just compensation to the raisin growers.

While an important victory for property rights, raisin growers may still be subject to USDA meddling into their sales. On a USDA web page, they acknowledge that the raisin supply restrictions will be amended in light of the Horne case. The agency could be trying to figure out a new way to restrict the sale of raisins.

It is shocking that a farmer can’t make an honest living selling a legal product without the federal government coming in and telling them how much they can sell. This is reality though. It’s also not just a raisin problem, but much broader. These supply restrictions are the result of what are known as marketing orders.

The Agricultural Marketing Agreement Act of 1937 authorizes the use of fruit and vegetable marketing orders. These New Deal programs attempt to create stable markets for certain commodities. Marketing orders, among other things, authorize research and promotion of commodities, establish minimum quality standards, and sometimes limit supply through volume controls (i.e. supply restrictions).

They are initiated by industry and must be approved by two-thirds of growers. The government acts as the enforcer for industry, requiring everyone affected by a specific order to abide by its legally enforceable provisions. In this way, industry members use government compulsion rather than private cooperation to maintain “order” in the marketplace. It doesn’t matter if a covered grower doesn’t support the marketing order or didn’t vote for it, they have to abide by its terms.

The USDA gives its blessing to these fruit and vegetable cartels, which would likely violate federal antitrust law absent government intervention. The industry leaders running these cartels are seeking to benefit the industry, and more likely specific members of the industry. The interests of consumers are of little to no concern.

Currently, there are 28 fruit and vegetable marketing orders. Of these, 10 have authorized supply restrictions. Only two have supply restrictions that are active (i.e. in effect): spearmint oil and tart cherries. This low number of active supply restrictions is evidence that they are unnecessary; 26 of 28 marketing orders don’t have active supply restrictions.

While supply restrictions may be the most egregious aspect of marketing orders, these orders in general are the problem. Nobody should be forced to be part of any association of individuals, including these cartels. These orders are egregious, plain and simple. Even two Supreme Court justices not necessarily known as free market champions captured the absurdity of marketing orders.

The first time the Horne case came to the Court (it came twice), Justice Elena Kagan quipped, “And now, the Ninth Circuit can go and try to figure out whether this marketing order is a taking or it’s just the world’s most outdated law.”

And Justice Sonia Sotomayor, who held that the government had not actually taken the raisins, noted in her dissent: “The Order may well be an outdated, and by some lights downright silly, regulation. It is also no doubt intrusive.”

These orders are outdated, silly, and intrusive. Worse though, they are completely counter to the idea of a free society where Americans have the unalienable rights of life, liberty, and the pursuit of happiness. The USDA may implement these orders, but it is Congress that gave the agency the green light to wield this incredible power. Only Congress can fix this situation.

Daren Bakst is the Research Fellow in Agricultural Policy at The Heritage Foundation. Bakst frequently submits comments to regulatory agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. A licensed attorney, he holds a law degree from University of Miami and a master of laws degree from American University.

 

 

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Read more

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

 

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.

Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, Read more

“It will be of little avail to the people that the laws are made by men

 of their own choice if the laws be so voluminous that they cannot be read, or so

 incoherent that they cannot be understood . . . .”

                                    —James Madison, Federalist 62

 

In support of the federal Constitution, James Madison explained that “It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”1 Mr. Madison understood law “to be a rule of action,” and asked, “but how can that be a rule, which is little known, and less fixed?”2   Today, more than two centuries later, Mr. Madison’s warning has proven both prescient and forgotten.  With federal bills and statutes droning on for hundreds and thousands of inscrutable pages of legal jargon, federal legislation has grown so voluminous Read more

 

JulietteJuliette Turner

National Youth Director

Juliette has been able to learn from her mother’s power to prevail while sharing many of the same life interests. Juliette wrote the bestselling book Our Constitution Rocks!(HarpersCollins/Zondervan) at age 12. Our Constitution Rocks, currently in its second printing with over 50,000 copies sold, is endorsed by Former First Ladies Laura and Barbara Bush, President Clinton’s White House Counsel Jack Quinn, constitutional scholars, and many other political leaders of both parties. At age 16, Juliette Turner’s second book was published: Our Presidents Rock! (HarpersCollins/Zondervan) Our Presidents Rock brings American presidents to life for America’s future generation —using fun anecdotes and an engaging sense of humor to inspire young Americans to learn about leadership and history. Juliette’s new novel, That’s Not Hay In My Hair, will hit the shelves March 8, 2016 (Zondervan).

Juliette Turner is the National Youth Director of Constituting America, a group founded by her mother and co-chaired with Cathy Gillespie that is dedicated to educating Americans about the founding documents. Juliette reaches youth across America with her engaging books, motivational speeches, entertaining videos and media interviews. Juliette was the youngest author ever to speak at Mt. Vernon’s George Washington Symposium, and was recently one of four featured authors at the Dallas Celebration of Reading, along with Senator Kay Bailey Hutchison, Mark Shriver and ABC’s Byron Pitts.

As a dynamic duo, the Turners have been speaking to groups around the country, mixing pop culture and American history to engage apathetic citizens to get engaged. Beyond their dedication to the country, the Turners love spending time with each other; Juliette enjoys farming with Janine on the longhorn cattle ranch, helping Janine on the set of her recent films, co-recording an album with Janine, attending church with Janine, and working side-by-side on Janine’s radio show.


AustinDobbsAustin Dobbs

Austin Dobbs is a remarkable young man whose high school attributes, achieve ments and character mirror those of Turner Maurice Gauntt, Jr.’s. Dobbs was Valedictorian of his graduating class from Quitman High School in Quitman, Texas with a 5.4 grade point average. He was Captain of the football team and Captain of the track team. He received All-District Honors for his positions as wide receiver and defensive back and was named First Team Academic All-State as well as serving as Treasurer and Vice President of the Fellowship of Christian Athletes. Academically, in addition to being Valedictorian, he was President of the National Honor Society, President of the Debate Club, Student Council Vice-President and Senior Class President. He was a State Qualifying Debater for his junior and senior seasons, deemed as one of the top five debaters in the state of Texas and was the State Silver Gavel winner as 2nd in the State of Texas 2013. He received countless academic and character awards within his community. His church and community ser- vice is astonishing with 775 hours served, which includes Program Director of DASH – Drugs, Alcohol, Safety, and Health.

Dobbs is a freshman at Baylor University as a pre-law student pursuing political science as his major. After completion of his undergraduate degree, he anticipates joining what he believes to be one of the greatest branches of our military – the JAG program – because, in Austin Dobb’s words, “everything in this world must be earned and I am intrinsically inclined to repay the world for the countless opportunities with which I have been presented.” He lives by his mother’s motto “ To whom much is given, much is required”. Constituting America, Janine Turner (Gauntt) and the Gauntt Family are proud to present Austin Dobbs with this award in Turner Maurice Gauntt, Jr.’s name.

 


 

LaneyKrausTaddeo3Laney Kraus-Taddeo

Laney Kraus-Taddeo, 17, Best High School Short Film Winner, lives in Park Ridge, Illinois, and is currently a senior at Maine South High School. She has worked as a professional actress since the age of nine, appearing in both live theater productions and short films.  In high school she discovered a love of video and film production and has written, conceptualized, shot, directed and edited numerous short films, and has also directed live sports broadcasts and performing arts presentations. Proud to be this year’s short film winner, Laney is also an award-winning writer and editor with her high school newspaper, is the Boys Varsity Basketball video coordinator, and is active in her community. She will be attending college in the Fall of 2015 and plans on pursuing a double major in film production and theater.

 


Nic_Downs_Best_College_PSA_Winner

Nic Downs

Nic Downs, 20, is from Dana Point, California. He will begin his junior year this fall at Point Loma Nazarene University in Southern California. He loves writing, foreign languages, people, and cultures, and always searches for ways to learn more in these areas. Excelling in Italian and French, he has tutored at Saddleback College and has also worked privately, teaching Italian to missionaries bound for Italy. He has participated in mission trips to Spain, Africa, and the Caribbean, along with family expeditions throughout the world. Over the last few years, Nic has taken a keen interest in politics, and is especially passionate about the Constitution and the issues that threaten its existence. In addition, he recently attended the Christians United for Israel (CUFI) Summit in Washington, D.C.

 

 


JewelJewel Gilbert

Jewel Gilbert, 20, Best College Speech Winner, is from Easton, Pennsylvania and a Freshman at Muhlenberg College. He is extremely grateful to have had his speech chosen as the Winner of Constituting America. Jewel has three passions: To serve God, play football, and perform with Sing For America. Sing for America is a charitable group founded by the Gilbert family in 2005. Performing up to 80 performances a year, stretching from Memphis to Maine, they do it to show appreciation for the Military families sacrificing so much for us. In 2011, Sing For America evolved as an entity striving to bring light and truth to the community through the arts in many different ways. Sing For America Productions was born, and since has done 8 Broadway style musicals incorporating professional and amateur talent under the slogan “The Arts Are Color Blind.” Out of the 224 cast members involved with SFAP, half of them are minorities. Many of the actors had their very first experience on stage with us. Sing For America has been able to donate over $40,000 to help military families in need by paying rent, heating bills, food, whatever they may need. www.SingForAmerica.com.

 


 

LindsayCulpepperLindsay Culpepper

Lindsay Culpepper, 11, Best Poem Winner, lives in Maylene, AL, just south of Birmingham. She is a sixth grader at Evangel Classical Christian School, where she enjoys studying science, Latin, and history. In her free time, she likes reading, writing, art, horseback riding, and playing basketball. An animal lover, she has attended Zoo Camp at the Birmingham Zoo each summer for the past four years. She recently started serving in the children’s ministry at her church, assisting with the children’s worship service. In the future she hopes to become a writer, a nature photographer, or a veterinarian.

 


 

EvitaEvita Duffy

Coming Soon

 

 

 

 


 

MattMcneyMatthew McNey

Matthew McNey, 21, was born in Columbia, MD; however, he was raised in College Park, Burtonsville and Laurel.  As a product of the American Dream he was instilled with strong religious convictions, hard work and dedication. He was not born into a rich family; his was a family best characterized as middle class, a family battling with drug addiction and alcoholism. Matthew goes to school and works full time with plans to go to Harvard Law and Harvard Business School to earn a JD and MBA, and to become a corporate attorney. He has been involved in politics since he was 13. He joined the Democratic Party when he was 16, and eventually became the President of the Maryland Federation of College Democrats.

 


 

AmandaTesarekAmanda Tesarek

Amanda Tesarek, 19, Best College Short Film Winner, is from Superior, Wisconsin, and attends Columbia University in New York City. She is currently a sophomore, and plans to pursue a double major in biochemistry and political science and a minor in Arabic language. Her extracurricular activities have included student government, newspaper, and improvisational comedy. Amanda was especially inspired to enter this contest after attending the American Legion Auxiliary’s Girls State and Girls Nation programs, which taught her the importance of patriotism and appreciating those who serve in the armed forces.

 


 

AnyaAmbarish2Anya Ambarish

Anya Ambarish, 10, Best Elementary School Poem Winner, lives in Dulles, Virginia. She goes to Rosa Lee Carter Elementary school and is in the fifth grade. Her favorite subject at school is reading, and she also enjoys science and social studies. She is passionate about poetry, writing, reading, tennis, basketball and ping-pong. Many of her short stories and poems have been published in various books and websites. She aspires to become a lawyer or a writer.

 

 

 


MaryemBouatlaouiMaryem Bouatlaoui

Maryem Bouatlaoui, 10, Best Emblem Winner, is a resident of Philadelphia, Pennsylvania. She was born in Morocco. Maryem attends Henry W. Lawton Elementary School. She is involved in a lot of afterschool programs like The Choir Club, Patriots Club and Environmental Club. Maryem also enjoys drawing and hopes to become a doctor when she grows up.

 

 

 


 

Halley MoakHalley Moak

Halley is 12 years old, and enjoys history and horses.  She was a Best Poem winner in Constituting America’s inaugural year, and is an active member of Constituting America’s Colorado Patriot Club.  Halley lives in Estes Park, Colorado where she is involved with 4-H, swim team, her youth group “The Hub,” Rooftop Rodeo and the Estes Park Equestrian Club.  An avid rider, she owns two quarter horses.

 

 

 


 

IMG_0471Quinn Moss

Coming Soon
 

 

 

 

 

 


LukeKraynak

Luke Kraynak

Coming Soon
 

 

 

 

 

 


CourtneyCourtney Janecka

Coming Soon

The Flag:

Let’s start with the simplest symbol that every kid knows – the flag. The flag is the symbol of our nation. It’s what we identify with as Americans.  There’s great flag information and history at this site: http://www.usa-flag-site.org/history.shtml

Betsy Ross, a 24-year-old widow and upholsterer, is credited for sewing the first flag in May 1776 although there is no historical record of this – more of a legend.

clip_image002

Here are some of the questions inspired by the old INS Citizenship Test to ask the club members – try to get them to answer without looking at a flag, if possible:

1)     What colors are on our flag? (Answer: Red, White and Blue. Red for Hardiness and Valor, White for Purity and Innocence, Blue for Vigilance, Perseverance and Justice, according to http://www.usa-flag-site.org/history.shtml – If you need a dictionary for these words, grab one for the group or check out www.dictionary.com)  

2)     How many stars are on the flag? (Answer: 50)

3)     What color are the stars? (Answer: white – The white on blue was to represent a New Constellation in our skies, The United States)

4)     What do those stars represent? (Answer: the states – one for each)

5)     How many stripes are on the flag? (Answer: 13 )

6)     What are the colors of the stripes? (Answer: Red and White – 7 red alternating with 6 white)

7)     What do the stripes represent? (Answer: the 13 original colonies or states)

8)     Try to name the 13 colonies: (Answer: New Hampshire, Massachusetts, Rhodes Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia)

9)     What day is Flag Day? (Answer: June 14th)

10)  What are some of the things you NEVER do with a flag? (Answers: don’t let it touch the ground, let it get rained or snowed upon (unless made for that), left in the dark (always light it at night), used for decoration, used on clothing or advertising materials, flown upside down unless specifically as a sign of distress, used to carry things)

11)  What’s the name of the national anthem? (Answer: The Star-Spangled Banner, by Francis Scott Key in 1814) Here are the words: http://www.usa-flag-site.org/song-lyrics/star-spangled-banner.shtml – the group leader can print these or just read them and the group can talk about what it means. Here’s a video from David Barton’s Wallbuilders about the Star-Spangled Banner: http://www.youtube.com/watch?v=zDKfw8nysLA (7:45 – can watch together)

As a group, they can either draw their own flag, design a flag for themselves, their family or their class/team. Alternatively, it would be nice to talk about the state flag of where they live as well. Here’s a resource for that:  http://www.50states.com/flag/

At the end, the moderator can randomly ask some of the questions again and see if the kids remember. You can also print these pages for them for their patriot notebook to have as reference.

___________________________________________________

Vocabulary Lessons for the Constitution’s Article I (Legislative Power)

 

Take a few minutes and divide up these words with the group – maybe write them on pieces of paper and let everyone draw from a basket or jar enough so the slips of paper are divided semi-evenly.

Read the list so everyone understands how to pronounce their word(s).

Everyone will need a dictionary or their phone with an app on it to look up the meanings. Give everyone 10-15 minutes to find these words and make up their sentences. One definition for each is probably sufficient.

Besides the meaning, encourage everyone to try and use these in a sentence that actually makes sense. Have the group decide if they think the sentence helps understand the word better. Maybe have the participants trade their definitions with a partner and each read the other’s to see if they make sense.

Offer a prize or reward for the funniest sentence, the most descriptive, the most creative.

Legislation

Apportioned

Enumeration

Executive

Impeach

Adjourn

Compel

Treason

Duties

Imports

Excises

Naturalization

Tribunals

Letters of marquee

Writ of Habeau Corpus

Bill of Attainder

Ex poste facto law

Emolument

****************************************************

Group Leader’s Answer Key & Sentences – definitions per www.dictionary.com:

Legislation – 1. the act of making or enacting laws. 2. a law or a body of laws enacted.

  • Sample Sentence: The legislation written in last year’s session was 1,300 pages long.

Apportioned – to distribute or allocate proportionally; divide and assign according to some rule of proportional distribution: to apportion expenses among the three men.

  • Sample Sentence: The diners apportioned their final bill so that everyone paid $15 for dinner.

Enumeration –  1. ( tr ) to mention separately or in order; name one by one; list 2. ( tr ) to determine the number of; count

  • Sample Sentence: The articles of the Constitution have the enumeration of 1-7.

Executive – 1. a person or group of persons having administrative or supervisory authority in an organization. 2. the person or persons in whom the supreme executive power of a government is vested. 3. the executive branch of a government.

  • Sample Sentence: The executive branch of our government includes the president.

Impeach – 1. to accuse (a public official) before an appropriate tribunal of misconduct in office. 2. Chiefly Law . to challenge the credibility of: to impeach a witness. 3. to bring an accusation against. 4. to call in question; cast an imputation upon: to impeach a person’s motives. 5. to call to account.

  • Sample Sentence: Congress can impeach the president if they believe he has committed a crime while in office.

Adjourn – 1. to suspend the meeting of (a club, legislature, committee, etc.) to a future time, another place, or indefinitely: to adjourn the court. 2. to defer or postpone to a later time: They adjourned the meeting until the following Monday. 3. to defer or postpone (a matter) to a future meeting of the same body. 4. to defer or postpone (a matter) to some future time, either specified or not specified.

  • Sample Sentence: Congress is scheduled to adjourn on Friday but may run a few days late.

Compel – 1. to force or drive, especially to a course of action: His disregard of the rules compels us to dismiss him. 2. to secure or bring about by force. 3. to force to submit; subdue. 4. to overpower. 5. Archaic . to drive together; unite by force; herd.

  • Sample Sentence:  Healthy debate is meant to compel others to consider a certain opinion or ideas.

Treason – 1. the offense of acting to overthrow one’s government or to harm or kill its sovereign. 2. a violation of allegiance to one’s sovereign or to one’s state. 3. the betrayal of a trust or confidence; breach of faith; treachery.

  • Sample Sentence: It is considered treason to betray state secrets to our enemy and can be punishable by death.

Duties – 1. something that one is expected or required to do by moral or legal obligation. 2. the binding or obligatory force of something that is morally or legally right; moral or legal obligation. 3. an action or task required by a person’s position or occupation; function: the duties of a clergyman. 4. the respectful and obedient conduct due a parent, superior, elder, etc. 5. an act or expression of respect.

  • Sample Sentence: The duties of being a student include doing your homework, studying for tests and behaving while in class.

Imports – 1. to bring in (merchandise, commodities, workers, etc.) from a foreign country for use, sale, processing, reexport, or services. 2. to bring or introduce from one use, connection, or relation into another: foreign bodies imported into the blood; foodstuffs imported from the farm.

  • Sample Sentence: The United States imports a lot of things from China to sell to Americans.

Excises – 1. an internal tax or duty on certain commodities, as liquor or tobacco, levied on their manufacture, sale, or consumption within the country. 2. a tax levied for a license to carry on certain employments, pursue certain sports, etc.

  • Sample Sentence: Excise taxes are levied on “sin” products like tobacco and liquor.

Naturalization – 1. to confer upon (an alien) the rights and privileges of a citizen. 2. to introduce (organisms) into a region and cause them to flourish as if native. 3. to introduce or adopt (foreign practices, words, etc.) into a country or into general use: to naturalize a French phrase.

  • Sample Sentence: Candidates for naturalization currently swear an oath of allegiance to the state.

Tribunals – 1. a court of justice. 2. a place or seat of judgment.

  • Sample Sentence: “It has come to this, that the friends of liberty, the friends of the slave, have shuddered when they have understood that his fate was left to the legal tribunals of the country to be decided. Free men have no faith that justice will be awarded in such a case.” Henry David Thoreau

Letters of marque – license or commission granted by a state to a private citizen to capture and confiscate the merchant ships of another nation. This appears in Article 1, Section 8, Clause 11 about the powers the Legislature will have.

  • Sample Sentence – During World War II, Washington issued a letter of marque enabling the civilian-operated airship Resolute to patrol for submarines.

Writ of habeas corpus – a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint of the person’s liberty, used as a protection against illegal imprisonment. Literally – “Have the body”

  • The writ of habeas corpus demands a person be brought before the court to see that he exists and that his charges are real.

Bill of attainder – an act of legislature finding a person guilty of treason or felony without trial. Here’s a good legal definition: http://www.techlawjournal.com/glossary/legal/attainder.htm – Article I Section 9 paragraph 3 outlaws this. It’s basically trial by legislature instead of by the judicial branch.

  • Sample Sentence: The legislature is not allowed to try a person through a bill of attainder per the Constitution.

Ex poste facto law – Laws that provide for the infliction of punishment upon a person for some prior act that, at the time it was committed, was not illegal. Also specifically outlawed in Article I, Section 9 paragraph 3 of the Constitution. Another good explanation: http://legal-dictionary.thefreedictionary.com/Ex+Post+Facto+Laws – This and the bills of attainder were meant to protect people from abuses of power and give them the power of due process of the law.

  • Sample Sentence: The couple would have been tried by ex poste facto laws for damaging the wetlands since the land was not designated as a wetland when they improved it.

Emolument – profit, salary, or fees from office or employment; compensation for services. Found in Article 1, Section 6, Clause 2 (Ineligibility clause) regarding the House members can’t also serve in the Senate at the same time.

  • Sample Sentence: Tips are an emolument in addition to wages.

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Mnemonic for Remembering the Articles of the Constitution

A mnemonic is a phrase to help you remember the order of things or a simple list of things. Example: HOMES is the mnemonic for the Great Lakes – Huron, Ontario, Michigan, Erie and Superior. Another one: My Very Educated Mother Just Served Us Nine Pickles (the order of the planets before Pluto got deomoted – Mercury, Venus, Earth, Mars, Jupiter, Saturn, Uranus, Neptune, Pluto.)

So, let’s make up our own mnemonic for remembering the Articles of the Constitution (different from the Bill of Rights, of course). Here they are:

Article I Legislative Power
Article II Executive Power
Article III Judicial Power
Article IV States’ Power
Article V Amending the Constitution
Article VI Supremacy of Federal Power
Article VII Ratification Power

So the letters to use are L, E, J, S, A, S and R.

A book by Douglas M Rife and Gina Capaldi called “The Constitution A Comprehensive Guide to Understanding the Constitution and Its Impact on the United States of America,” suggested Loud Elves Jingle Sleigh bells And Shout Raucously.

Can you think of one? How about “Leah, Elizabeth and Jessica Sat Around Singing Rock and roll”

As a group, take about 10 minutes and let everyone play around with some sentences then take turns reading them outloud.

Maybe award a prize or a certificate for the one that the group thinks is the funniest, easiest to remember, most creative, etc.

Have fun! What else can you think of mnemonics for? Bill of Rights? The Founding Fathers? Get creative.

Spring Colonial Activities for Patriot Clubs or the Classroom:

 

                                   April Showers Bring May Flowers

 

Mount Vernon, home of George Washington, Montpelier, home of James Madison, and Monticello, home of Thomas Jefferson all boasted beautiful gardens.  This is a perfect season to expose students to colonial life, and activities colonial children participated in during springtime.

 

If you Google the above homes you can view pictures of the gardens currently restored.  It would be helpful to show these gardens to the students and discuss them before beginning the following activities.

 

The following activities can also be done in connection with Mother’s Day, and made for the children to present to their mothers.

 

Pressed Flower Place Mats:

 

Materials:

 

Spring flowers

Thick books such as Dictionaries

Tissue paper

Poster board

Clear contact paper

Markers or paint

Scissors

 

Procedure:

 

1.    Place flowers between two pieces of tissue paper

2.    Put tissue in between pages of book and stack more books on top

3.    Keep flowers in book for two weeks

4.    Cut poster board to place mat size (16X12 inches)

5.    Draw or paint pictures on poster board (suggestions might include pictures of the above Presidential estates)

6.    After two weeks take flowers from books

7.    Arrange flowers on the poster board in an attractive manner

8.    Cut pieces of contact paper in sizes of 17X 13 inches

9.    Working with a partner Roll the contact board over the arranged flowers on the poster board

10.Trim the edges of the contact paper, leaving enough to create a seal on both sides

 

 

Flower Vase:

 

Materials:

 

Glass juice or Mayo Jar (tall enough to place flowers standing within)

Paper Mache Paste: 1 part flour to 5 parts water, boiled for 3 min. and allowed to cool

Strips of white paper

Paint or markers

 

Procedure:

 

Paper Mache jar, covering with three layers of white paper that has paste coating the strips

Allow to dry for 24 hours

Decorate jar with colonial designs or flowers

 

 

Dandelion or Wildflower Necklaces:

 

Procedure:

 

Pick Wildflowers or Dandelions if available

Pick ones with long, thick stems

Attach them by tying one stem in a knot high up near the flower of another Dandelion or Wildflower, and so on until student reaches desired length

 

Remind students that these are going to wilt in a couple of days, but can be replaced as long as the flowers are available.

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Suggested Patriot Activities for March

 

“Look Up to the Bill of Rights!”

 

 

On March 4, 1789 the Senate convened for the very first time.  This is a perfect time to study the Bill of Rights.  An activity that will enhance this study is to make mobiles to hang, emphasizing the Bill of Rights.  If you Google: Bill of Rights for Kids, you can obtain that Bill, written in “Kid Friendly” Language.

 

Materials needed:

 

Plastic coat hangers of red, white, and blue

Yarn of the same colors

Print out pictures to color of the Bill of Rights

http://www.apples4theteacher.com/coloring-pages/constitution-day

Crayons and/or markers

Scissors

Hole punch

 

Procedure:  Have students color and cut out pictures which pertain to the Bill of Rights.  Punch holes in the tops of the pictures.  Cut yarn the desired length to suspend from the coat hangers.  Tie the yarn to the coat hangers in different places, and then attach the pictures to the suspended yarn by tying them on with yarn through the holes.  Hang these mobiles from plastic hooks placed in the ceiling, or from light fixtures, etc.  They make colorful decorations, and serve as reminders to the children of the Bill of Rights.

 

 

“Go Fly a Kite, Ben Franklin!”

 

As spring weather, and March winds approach, kite flying time is here.  A really fun activity for a Patriot Club would be to make homemade kites, after reading one of the following books about Ben Franklin.

 

1.    Ben Franklin and His First Kite  by Stephen Krensky

2.    How Ben Franklin Stole the Lightning by Rosalyn Schanzer

 

Materials Needed:

 

6 plastic straws

6 plastic jumbo straws

Scissors

Glue

Tissue paper

Cellophane tape

Kite string or other strong, lightweight String

Markers

 

Procedure:

Cut each flexible straw about 1 & ½ inches on each side of the flexible hinge

 

Slide one end of each jumbo straw into an end of each flexible hinged piece.  Form a hexagon with the remaining straws.

 

Cut a sheet of tissue paper into a size and shape slightly larger than the straw hexagon.  Allow an additional ½ to 1 inch of extra space on all sides.

 

Place the 6 sided figure on the tissue paper.

 

Run a bead of glue along one of the straws.

 

Bring the tissue paper up over the straw and glue it into place.  Repeat this with each straw.

 

Tear a 3 to 4 inch piece of cellophane tape.  Tape around the tissue and straw at the center of one of the 6 sides.  Repeat with each of the other sides.

 

Using scissors, carefully poke a hole through the tape and paper just inside the kite area on each of the 6 sides.

 

Cut three pieces of kite string about 18 e=inches long.

 

Thread each end of the three strings through opposite holes.  Carefully tie each string in place.

 

Pull the strings together at the center of the kite.  Tie these short strings to the remaining ball of string.

 

Decorate the kite with markers.

 

 Fly your kite, Ben Franklin!

 

*For further kite information, Google the following site:

 

www.suite101.com/how-to-make-a-kite for children-a104454?template=article_prin…

 

* ( Instructions by: Theresa Bledsoe)

“The Patriots are coming!  The Patriots are coming!”

The Light of Liberty shines brightly in the eyes of America’s youth, and Constituting America is encouraging students and teachers to become founding patriots in their school, by forming Patriot Clubs.  These clubs will provide opportunities for students to explore the Constitution of the United States in exciting ways, and to participate in a variety of both fun and educational activities that will help empower them as our future leaders, with the understanding of our country’s foundation.  Through the use of modern technology, and teacher ingenuity, students can take adventures through the history of our birth as a nation, and the relevance the Constitution still holds for us today.  Our website will offer suggestions for both students and teachers on club activities, so stay tuned to Constituting America to learn how you can spread the word that, “The Patriots are coming!”

Nancy K. Arnold, Schools Cabinet Secretary for the Patriot Club Project

 

Patriot Club News!

August 2016

By Gayle Poole, Texas

Patriot Club Leader & Winner, Best Short Film by an Adult, 2013

We had our fourth Patriot Club and had lots of fun learning more about our wonderful Constitution!

While we waited for everyone to arrive, the kids had fun jumping on hay bales that had examples of how to be a good citizen!

hay-bales2-citizenship-GaylePoole hay-bales1-citizenship-GaylePoole


September 2015

By Gayle Poole, Texas

Patriot Club Leader & Winner, Best Short Film by an Adult, 2013

Our first Patriot club went great!

I was a little nervous planning it, but when the kids arrived, fun happened!  We had five stations, with ten minutes at each one:

1: A Bill of Rights Stack race – two teams raced to make a pyramid of our freedoms from the Bill of Rights, written on each cup)

  • They had to say them out loud as they placed them.
  • It was a relay, so each child on the team had a turn.
  • If the cups fell, they had to start over.

GaylePoolePatriotClub9.2015-1c

 


 

2: Bells – they played the song “America” on a child’s set of hand bells. I had the music color coded, so they could play it on the spot.  All ages enjoyed this.

GaylePoolePatriotClub9.2015-3

 


 

3: Meet Ben Franklin – they learned some great things about the oldest Founding Father.

GaylePoolePatriotClub9.2015-7

GaylePoolePatriotClub9.2015-6

 


4: George Washington puzzle – I cut a free printable color page of George Washington’s face then separated it into five segments.

  • I typed a fact on each piece, (he refused to be king, he once returned a dog to the enemy, etc)
  • I copied a sheet for each child, on different colored paper.
  • The kids took turns rolling two dice. If they got a double 1 through 5, they took a slice of their puzzle, trying to complete his face.
  • If they threw a double six, they had to return all their pieces to their stack and start over.

GaylePoolePatriotClub9.2015-5

GaylePoolePatriotClub9.2015-4

 


 

5: Know their names – we played memory with the names of the Founding Fathers.

  • On just a few of the not so well known men, I added a fact (ex:  Roger Sherman – only American to sign all 4)
  • I would occasionally mention that fact as they turned over their cards.

GaylePoolePatriotClub9.2015-2

 

We then had a potluck picnic and a hay ride.  As an end to the night, we had a review candy toss with questions from all of our stations.

All of my parents were eager to man a station or help in any way and the kids were happy playing the games.

I had invited about twenty five kids, but fifteen were able to come.  I will double the invitations next time.  It was a great night and a thrill to see the kids have fun learning!

The ideas just keep coming for future Patriot Clubs!  It was way easier than I thought to get started.

Gayle Poole, Texas

Patriot Club Leader & Winner, Best Short Film by an Adult, 2013

 


 

The United States Constitution

Branches of Govt.

 

Article 1 Section 2

tree

Congress

House of Representatives

-Age 25 years old

-7 years a citizen of the USA

-# of Representatives is based on population (Census) of each State. [ Originally based on the number (#) of FREE PERSONS. Excluding Native Americans, not taxed and 3/5ths of all other persons.

-1st Census was 1787 +3 = 1790 and then every 10 years after that.

-# of Representative per State = 1 per 30,000 persons with a minimum of 1 per State.

In 1787 (prior to 1790)

New Hampshire = 3

Rhode Island/Providence Plantation = 1

Massachuettes = 8

Connecticut = 5

New York = 6

New Jersey = 4

Pennsylvania = 8

Delaware = 1

Maryland = 6

Virginia = 10

North Carolina = 5

South Carolina = 5

Georgia = 3

Article 1 Section 3

 

Senate

-2 Senators per State

-6 years

-Originally Senators were selected by the State Legislature (changed in the 17th Amendment*)

– Age 35

– 9 years a citizen of the USA

The US Vice President is PRESIDENT of the Senate but he/she has no voting power for Bills (unless the political parties are equally divided)

*Amendment 17 ratified on 4/8/1913 changed this part:

-2 Senators per State ELECTED by the PEOPLE

-still 6 year terms

-Each Senator has 1 vote

Senators serve 6 years, but every 2 years 1/3 of the Senate is up for Re-election.

What do they do?

Power to Impeach

Impeach means Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office. The actual trial on those charges, and subsequent removal of an official on conviction on those charges, is separate from the act of impeachment itself.

At the Philadelphia Convention, Benjamin Franklin noted that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal — impeachment — would be preferable.[1]

Guest Essayist: The Honorable John Boehner, 53rd Speaker Of The U.S. House Of Representatives

On September 17, Americans will observe the 228th anniversary of the adoption and signing of the U.S. Constitution by the Constitutional Convention.  I commend Janine Turner, Cathy Gillespie and everyone associated with Constituting America for their efforts to defend our Constitution and educate people about its foundational significance.  Also, I am humbled to accept their gracious invitation to participate as an essayist in this year’s 90 Day Study on executive overreach.

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Guest Essayist: Will Morrisey

Contributors to this series of articles have shown that executive branch of the United States government, cheered on by Congress and the Supreme Court and abetted by what has become a fourth branch of government—the federal bureaucracy or administrative state—has for some time almost routinely overridden the separation of powers the Framers designed for the protection of American rights.  In The Federalist, Publius had argued that the Constitution itself amounts to a bill of rights, preventing the usurpation of powers by the executive by giving the legislative and judicial branches powerful incentives to resist such encroachment.

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Guest Essayist: David Eastman

Previous essays in this series explored why the Constitution is ineffective at restraining federal officials today, and illustrated how members of the present generation must come to view their relationship to the Constitution if it is to be of service in effectively limiting federal overreach. This series now concludes by highlighting two largely untried and fundamentally different approaches to restoring constitutional constraints today; issue-based legislative accountability, and the calling of a convention of states to amend the United States Constitution.

A Convention for Our Time

When we survey the Constitution today, it is increasingly difficult to picture it as the splendid banner raised by Washington and his fellow delegates at the Constitutional Convention of 1787. Nor does it today call to mind the iron chains described by Thomas Jefferson when he spoke of binding men down from mischief “by the chains of the Constitution.” Instead, the Constitution hangs frayed and tattered today, a silent witness to more than two centuries of flying above our nation’s capital. Its form has changed very little since 1787, but much of the life has gone out of it. Some today have begun to ask if it isn’t time for another convention—and in no state is this idea greeted with greater enthusiasm than here in Alaska. Holding a convention would open the door to a whole series of amendments, which could add new thread to a tattered banner, and in so doing breathe new life into the Constitution. Even so, when the idea of a second convention first began to gain traction in 1788, James Madison argued that the timing of any future conventions should be chosen only with great care. Whether the timing is right for another convention is an important question, and one to which any serious student of the Constitution should give careful consideration.

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In our constitutional republic, the Congress of the United States is the legitimate legislative branch of government, charged with making the laws. A decision to adopt any national global warming program is an enormous one, with hundreds of billions of dollars and personal liberties at stake. This is simply not something that ought to be done through the back door via an unelected, unaccountable agency.

As with all executive power grabs, the EPA ultimately can only do what Congress allows. Voters must constantly remind their elected representatives that they expect them not only to oppose bad laws but to step in and stop the executive branch when it oversteps its bounds.

Read more

Previous essays in this series explored why the Constitution is ineffective at restraining federal officials today, and illustrated how members of the present generation must come to view their relationship to the Constitution if it is to be of service in effectively limiting federal overreach. The most recent essay highlighted current efforts to amend the Constitution through an Article V convention. The series now concludes with another largely untried weapon in the citizen’s arsenal today; issue-based legislative accountability.

A Deaf Congress

In 2014, researchers at Princeton University released the results of an exhaustive study that analyzed more than twenty years of federal policy. The study evaluated various actors and the effect that they had on public policy. After examining literally thousands of laws and how those laws came to be made, they were forced to admit that ‘the number of American voters for or against an idea has literally no impact on the likelihood that Congress will make it law.’ Specifically, they concluded that “the preferences of the average American appear to have only a miniscule, near zero, statistically non-significant impact upon public policy.” There are many reasons for this, not the least of which is that the level of political sincerity possessed by the average American today is miniscule, near zero, statistically insignificant.

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In America, as our founders intended, the states are where the rubber meets the road.

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In “Federalist 51,” James Madison wrote, “In a free government the security for civil rights must be the same as that for religious rights.” He went on to explain that for religious rights to be secure, pluralism is needed. Religious rights, he explained, “consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects. The degree of security in both cases will depend on the number of interests and sects…” Put simply, greater religious diversity equals greater religious liberty.

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VIEW FROM COPENHAGEN

The full scope of what Obama, Browner,  and the EPA intend to do without any congressional authorization was on display at the United Nations climate conference I attended in Copenhagen in December 2009.

At a side event hosted by Greenpeace called “Yes, he can! How Obama can deliver stronger emissions reductions,” the Center for Biological Diversity presented a paper titled : “Yes, He Can: President Obama’s Power to Make an International Climate Commitment Without Waiting for Congress.”45 The center laid out a frightening blueprint for precisely how the president could negotiate and enforce an agreement with just a simple majority of Congress instead of the 67 Senate votes our founding fathers required for treaty ratification, or, if he so chooses, he can instead bypass Congress and the Constitution entirely and simply rely on EPA action under the Clean Air Act for enforcement. If the administration is allowed to get away with this reprehensible tactic, it would set an ominous precedent for international promises and bypassing Congress to enforce them in other policy areas.

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THE CZAR BEHIND THE CURTAIN

Driving the implementation of the EPA’s massive power grabs and circumvention of the legislative branch was a key White House official who avoided Senate confirmation by being installed as White House Energy Czar: Carol Browner.

The potential Senate confirmation fight Obama sidestepped by creating a czar position for Browner would have likely centered on her membership on the board of the Socialist International Commission for a Sustainable World Society.24 Browner was listed as one of 14 members of the commission on its website as recently as January S , 2009-the day she was named Obama’s White House energy czar.25 This commission pursues an openly socialist agenda of centralized control under a regime of global governance that would enforce extreme environmental political correctness globally. The commission’s views on global warming are, to say the least, extreme. Commission statements from the time Browner served include:

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THE TRAIN WRECK: THE EPA’S MANY WAYS TO ‘SKIN THE CAT’

Two weeks after the 2010 election and Obama’s “skin the cat” comment, a leading D.C.-based, left-wing advocacy group, the Center for American Progress,  published a 53-page report called The Power of the President: Recommendations to Advance Progressive Change, detailing a sweeping far-left agenda that flies directly in the face of what voters made clear they wanted. 16 The report was coauthored by the president of the Center for American Progress, John Podesta, who was the chairman of Obama’s transition team, and who has direct influence over the president and his key advisers.

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Using a phrase attributed to Benjamin Franklin, “…In this world nothing can be said to be certain except death and taxes.”  I would submit that in modern times, nothing is certain except death, taxes, and bureaucratic overreach.

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This essay continues a series exploring briefly why the Constitution is ineffective at restraining federal officials today, and illustrates how members of the present generation must come to view their relationship to the Constitution if it is to be of service in effectively responding to federal overreach. The series will conclude by highlighting two largely untried and fundamentally different approaches to restoring constitutional constraints; issue-based legislative accountability, and a convention of states to amend the US Constitution.

The Constitution in the 21st Century

The two hundred and forty years of our independence as a nation are replete with examples of times that our constitutional forms were temporarily set aside, and sometimes by our nation’s most revered statesmen. The claim of public necessity was used sparingly at first, but it is now made by presidents with an alarming frequency, and in recent years simply on the grounds that Congress has been slow to act. While the nation was once strict in drawing distinctions between matters of truly dire emergencies and matters of mere presidential impatience, it is claimed by some today that the American people have adopted a much more permissive posture and no longer have need of a Constitution whose primary role is simply to serve as an impediment to progress and “the political will of the people”. The nature of the Constitution as a political document is now readily admitted. What is now more likely to be questioned is whether it is—and should remain—a legal document as well. As Washington forewarned us, we have now reached that point where change by usurpation has become the custom of the land.[1]

Read more

This essay continues a series exploring briefly why the Constitution is ineffective at restraining federal officials today, and illustrates how members of the present generation must come to view their relationship to the Constitution if it is to be of service in effectively responding to federal overreach. The series will conclude by highlighting two largely untried and fundamentally different approaches to restoring constitutional constraints; issue-based legislative accountability, and a convention of states to amend the US Constitution.

The Constitution and the Permissive Public

In the Federalist Papers, Alexander Hamilton made the rather unremarkable observation that “…nations pay little regard to rules and maxims calculated in their very nature to run counter to the necessities of society.”[1] For an example, he drew from antiquity the case of Sparta’s highly decorated admiral, Lysander, in the Peloponnesian War. Term limits in Sparta required that Lysander resign as admiral at the end of his one year term of office and that no person could hold the office of admiral a second time. Yet when Sparta suffered a naval defeat, Lysander was soon called upon to lead the Spartan Navy once more in battle. Hamilton noted “how unequal parchment provisions are to a struggle with public necessity.” To paraphrase; it isn’t a fair fight. When constitutional limitations are paired against public necessity in the boxing ring, it’s like trying to take on an opponent whose weight class is three classes higher than yours. Sure, you may get a few punches in. You may even secure a few concessions from your opponent in the process. But in the end, constitutional limitations will inevitably succumb to perceptions of public necessity.

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REWRITING THE CLEAN AIR ACT OF 1970: A BACK DOOR TO SOARING ENERGY PRICES

Just to show you how unfazed  the Obama administration was by the political defeat of cap-and-trade, consider what’s on page 146 of Obama’s 2012 budget: ‘The administration continues to support greenhouse gas emissions reductions in the United States in the range of 17 percent below 2005 levels by 2020 and 83 percent by 2050 .”10 Those just happen to be the same levels required by the failed Waxman­ Markey cap-and-trade bill . Obama is telling the EPA to just pretend the bill passed and regulate away. In fact, Obama’.s EPA was already moving full-steam ahead to implement a global warming regulatory scheme that could be even more costly than cap-and-trade-without the approval of the American people and without so much as a vote in Congress. On December 7, 2009-right in the middle of the media firestorm over the Climategate scan­dal, which leaked e-mails from leading global warming alarmists that called some of the basic science into question-the EPA issued a so­ called “endangerment finding” for greenhouse gases, paving the way for onerous greenhouse gas regulations to be shoehorned into the 1970 Clean Air Act, despite the fact that Congress had considered­ and decisively rejected-adding such regulations in 1990, when the Clean Air Act was amended .11 It is such an ill-fitting vehicle to ad­ dress greenhouse gases that in order for this strategy to succeed, the EPA must, illegally, rewrite the law to suit its purposes.

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Small businesses that reimburse employees for the cost of premiums for individual health insurance policies or pay their health costs directly will be fined up to $36,500 a year per employee under a new Internal Revenue Service regulation that takes effect July 1, 2015 (article originally published June 30, 2015).

Read more

This essay continues a series exploring briefly why the Constitution is ineffective at restraining federal officials today, and illustrates how members of the present generation must come to view their relationship to the Constitution if it is to be of service in effectively responding to federal overreach. The series will conclude by highlighting two largely untried and fundamentally different approaches to restoring constitutional constraints; issue-based legislative accountability, and a convention of states to amend the US Constitution.

Continuous Physical Reconnaissance

One of the lessons drilled into cadets at West Point, until it begins to find its way into their dreams at night, is the absolutely vital requirement to observe friendly obstacles on the battlefield. Army doctrine on this is as straightforward as it is inflexible: “Continuous physical reconnaissance of protective obstacles is extremely critical. Units must keep protective obstacles under continuous observation at all times” (Army Field Manual 90-7).

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For decades, environmental extremists have been stymied when their doomsaying predictions collide with the reality of an ever-improving environment, driven by the enormous wealth created by our market economy. The “problem” they describe is always something different, but the “solution” is always the same: draconian restrictions on economic activity, vastly expanded government power (usually internationally), and greatly diminished individual freedom.

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This essay continues a series exploring briefly why the Constitution is ineffective at constraining federal officials today, and highlighting two largely untried and fundamentally different approaches to restoring constitutional constraints, both of which claim support from the Constitution and America’s Founding Fathers.

The Constitution in Tatters

As a document setting effective limits on the power of the federal government, the Constitution today lies tattered and worn, each article a testament to a battle lost and a fortification overrun (or bypassed) on the way to the consolidation of power in Washington. Some beginning students of the Constitution today are perplexed and genuinely wonder how it could be that a document that reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” can today have nearly the same effect as if the Framers had instead decided “the powers not delegated to the States by the Constitution will be reserved to the federal government.” Beginning students are particularly prone to reason that if it is simply written in the Constitution, and the Constitution is the supreme law of the land, it must be so, and that’s all there is to it.

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This essay is the first in a series inspired by federal overreach in Alaska. The series explores briefly why the Constitution is ineffective at constraining federal officials today, and evaluates two largely untried and fundamentally different approaches to restoring constitutional constraints; issue based legislative accountability and a convention of states to amend the United States Constitution, both of which claim support from the Constitution and America’s Founding Fathers.

At the outset of the Constitutional Convention, George Washington rose and declared to each of his fellow delegates “If, to please the people, we offer what we ourselves disapprove, how can we afterwards defend our work? Let us raise a standard to which the wise and the honest can repair. The event is in the hand of God.”[1]

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Earlier this month, a new front was opened in the legal campaign by investors against the federal government’s (mis)management of mortgage giants Fannie Mae and Freddie Mac. In the latest salvo, Saxton v. Federal Housing Finance Authority (FHFA), individual investors from Iowa filed suit to stop the government from syphoning private property into the U.S. Treasury’s coffers. This most recent litigation effort seeks to reign in the federal government as it subverts the rule of law.

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Properly used, executive orders form an indispensable part of any government, including our own. If Congress passes a law and the president signs it, the president undertakes a Constitutional obligation to execute the law.  In so doing, he is likely to need to tell his administrators what to do and, at least to some extent, how and when to do it. Thus the president is constitutionally obligated to enforce immigration law and is fully entitled to issue executive orders in the course of fulfilling that obligation.

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In the late nineteenth and early twentieth centuries, the progressives created numerous agencies in the executive branch of government that were supposed to bring more rationality, efficiency, and order to American society.  They were to be run by scientific experts who would oversee a civil service bureaucracy that would govern objectivity as they made decisions free of politics and partisanship.

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New research about implementation of the Affordable Care Act finds that Obama administration regulations are allowing taxpayer subsidized health insurance for some people earning less than the statutory income floor and also for unlawful immigrants.

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The Treasury is not simply executing its task of printing money for legal tender and updating its design to thwart counterfeiters.  It is pursuing an ideological agenda outside of its authority. 

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Any “forced sale” of products would also be constitutionally questionable as an unprecedented intrusion into the marketplace because the government would be compelling a commercial transaction that does not involve a willing seller and a willing buyer.  The innovator company could even face liability if patients were harmed by a drug provided to them by a generics company to whom it was forced to sell.

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Companies inside and outside the health sector have spent countless billions of dollars trying to comply with the ACA. When the administration makes what some call “minor temporary course corrections,” it causes a new cascade of disruption and expenses for companies and makes it even harder for them to comply not only with the law but with ever-changing regulations. We have a process by which laws are to be enacted and changed, and that process has not been followed in implementing key provisions of the Affordable Care Act, as I have described here. I thank the committee for holding this hearing today to shed light on this issue. If our constitutional system of government is to survive, it must be based upon the rule of law.

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Last week, the United States Supreme Court once again opted not to rule a key provision of the Affordable Care Act unconstitutional. The case at issue, King v. Burwell, was technically not a challenge to the Affordable Care Act itself but rather the IRS’s implementation of the Act.

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Last week, the United States Supreme Court once again opted not to rule a key provision of the Affordable Care Act unconstitutional. The case at issue, King v. Burwell, was technically not a challenge to the Affordable Care Act itself but rather the IRS’s implementation of the Act.

 

“In a democracy,” Chief Justice Roberts wrote for the majority, “the power to make the law rests with those chosen by the people. Our role is more confined—“to say the law is.”

 

Such a statement is quite ironic given that the decision takes a statutory phrase and then contorts it to say the exact opposite of its natural meaning. While the policy implications of the Supreme Court’s upholding of the ACA will likely grab most of the headlines in the coming weeks, the Court’s complete abdication to the Executive on matters of statutory interpretation could shake the very foundations of our democracy for decades to come.

 

Administrative agencies like the Internal Revenue Service are outgrowths of the Executive Branch, which is charged with enforcing our nation’s laws. Therefore, any power given to such an agency is by implication given to the Executive. Last week’s decision granted administrative agencies a powerful new tool for reaching far beyond their congressional mandate. In doing so, the Court has paved the way for the Executive Branch to overreach even further beyond its congressional mandate by appealing to the principles enunciated by the Roberts court.

 

The fundamental question at issue in King v. Burwell was whether the IRS had exceeded its congressional mandate. The Affordable Care Act (ACA) sets up a scheme through which individuals purchase health insurance through government-run “Exchanges.” The ACA, as written, authorizes the IRS to provide tax subsidies only to those who purchase their healthcare though an Exchange “established by the State.” However, the IRS opted to provide subsidies to Americans who purchased their health insurance through Exchanges established by both the state and the federal government.

 

Chief Justice Roberts admits outright that “the context and structure of the Act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.” Justice Scalia had a biting response to this statement:

 

The Court claims that “the context and structure of the Act compel [it] to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.” I wholeheartedly agree with the Court that sound interpretation requires paying attention to the whole law, not homing in on isolated words or even isolated sections. Context always matters. Let us not forget, however, why context matters. It is a tool for understanding the terms of the law, not an excuse for rewriting them.

 

The saddest part about Justice Scalia’s dissent is that, as of the Court’s opinion this morning, he is wrong. He is not wrong because he is articulating the principles of statutory construction incorrectly. He is now wrong because the Supreme Court is not simply an interpreter of law – it is also itself a creator of law.

 

Generally, regulations are evaluated under the Chevron test to determine whether they exceed the mandate of Congress. That test asks whether to grant deference to a government agency’s interpretation of a statute that it administers.

 

However, the Court opted not to use the Chevron framework. Its stated reason for doing so was because this is an “extraordinary” case that affects a question of deep “economic and political significant” – the question of whether subsidies are available on Federal Exchanges. Under this rationale, the Court stretched the amount of deference due to administrative agencies to the point where the Internal Revenue Service now has the “discretion” to take an action that is the exact opposite of what the statute explicitly states.

 

In order to determine whether such deference is warranted under Chevron, the Court is first supposed to ask whether Congress has spoken directly to the precise question at issue. If the intent of Congress is clear, that is the end of the matter. However, if Congress has not directly addressed the question at issue, then the Court should simply determine “whether the agency’s answer is based on a permissible construction of the statute.”

 

It would seem that the Court, before ever taking up the case, decided that it would find a way to uphold the Affordable Care Act. However, in doing so it has handed administrative agencies, and therefore the Executive, a powerful new tool. For years to come, executive-level agencies will argue in federal courts throughout the nation that they have discretion to do as they please, all due to the fact that their actions affect questions of “economic and political significance.” This Court has left its subordinate tribunals with the task of determining when an issue of such “significance” that executive agencies should have unfettered discretion to ignore the limitations of Congress and instead unilaterally carry out the will of the Executive.

 

The Roberts court today secured its legacy as a Court that twisted the law in order to serve a predetermined purpose of upholding the political class’s cause of choice. If it was not bad enough that this legacy in the short term leaves the American people with a healthcare system that focuses on “coverage” and “insurance” rather than actual access to healthcare and cost controlling measures, in the long term the Court’s jurisprudence will surely be cited for years to come as the tool of choice for the Executive Branch to expand its power far beyond its congressional mandate.

 

Elliot Engstrom is an attorney with the Civitas Institute Center for Law and Freedom, www.nccivitas.org.

 

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Guest Essayist: Nancy Salvato

The Supreme Court has been in the news this week and Justice John Roberts has been thrust into the spotlight because he authored the majority opinion in King v. Burwell.  In it, Roberts and the Court upheld the Patient Protection and Affordable Care Act, i.e. Obamacare. This is no ordinary decision, though.  The court’s ruling doesn’t simply interpret the law, it rewrites the law.

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Executive overreach can come in many forms. In this essay, we explore an executive department’s surprising announcement and its symbolic ramifications. 

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The below was originally published in FoxNews.com Opinion July 4, 2013

We have strayed from the path our Founders forged 237 years ago. Under the Constitutional Republic they created after the Revolutionary War, the United States has prospered over the centuries beyond the founding generation’s wildest dreams; however, we are wandering further from those very Constitutional principles that enabled us to thrive.

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Executive Overreach in American Elections

Perhaps one of my favorite cultural artifacts from the 1990s was those Magic Eye prints you could find in gift shops just about anywhere. They might look like a random assortment of colorful dots – but with a trained eye, images would practically spring forth from the frame. Sometimes executive overreach will seem as covert as a bull in a china shop. But in other cases – particularly when it comes to elections – misdeeds literally appear before you after the noise and distractions have been filtered out. The Obama Administration’s recipe of courtroom intimidation, activist collusion and bald-faced disdain for state powers to administer elections has laid the foundation for an eventual federalization of every citizen’s most basic form of raw power.

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This Constituting America study focuses on executive overreach and presidents’ potential violation of our Constitution’s separation of powers. On the other end of the spectrum, executive inaction can likewise threaten American principles. This essay focuses on President Obama’s failure to stand up for one particularly cherished American principle: freedom of speech.   The threats posed both by executive overreach and omission are quite deserving of our scrutiny if we want to prevent further drift from the principles and government processes that have historically enabled the United States to thrive.

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Much has been made in recent years about the abuse of presidential power. There is no shortage of recent examples to show that this is a legitimate concern. However, this is not entirely the fault of the current administration. Instead, the fault lies with the American people and the other branches of government that have failed to exercise constitutional checks and balances.

Interpretations of the Affordable Care Act have been regularly put forward that result in far more flexibility regarding implementation dates than the actual plain language of the law would allow. It has been shown that the Affordable Care Act was intentionally written so that only individuals buying health insurance through state-created exchanges would receive federal subsidies. Yet, the administration is ignoring the law, flowing subsidies through the federal exchange.

A more recent example of executive overreach is the new rule expanding authority of the Environmental Protection Agency over the waters of the United States to include almost any land where water puddles for significant time. The argument put forth by the EPA is that 117 million Americans are not protected by the Clean Water Act under current interpretations. But then, the Clean Water Act was never intended to encompass all waters in the country. It was aimed at cleaning up the big rivers and the Great Lakes, the navigable waters of the nation, to make it possible for fish to live in Lake Erie and to prevent chemicals in rivers from catching fire.

Today, some have an entirely new vision for what the EPA. They want it to save the world from man-caused global warming, which is still unproven. They want it to exercise power so as to prevent any chance of harm coming to anyone from any activity by mankind, especially petroleum production. Other than a few isolated situations and scary speculative stories, the new rule put forth by the EPA expanding its power is a solution in search of a problem. Major water pollution disasters are not happening in this country, and every state already regulates water purity and threats to it.

It would be easy to lay all the blame for executive overreach in the United States at the feet of the current administration, but this would be naïve. The blame equally belongs to the legislative and judicial branches. More fundamentally, the blame lies collectively with the people of the United States.

Since the Progressive Era, a presumption has prevailed in the collective mind of Americans that political and social salvation lies in the strong leader, or cadre of leaders, whose wisdom and breadth of knowledge, along with a supporting cast of experts, would best improve the lives of everyone. This attitude cuts across party lines and was reflected best in the administrations of both Roosevelts, Wilson’s presidency, and even the presidency of Herbert Hoover. It is now so commonplace that there is little use in differentiating presidencies since FDR except to say that President Reagan, who made some attempt to roll back the practical effects of the philosophy, was the exception.

With the idea that the central federal government actually manages the nation and has the power to create prosperity by doing anything more than smoothing the way for a market economy to prevail, Americans give license to government overreach. Congress, anxious to scratch the people’s collectivist itch, enables the executive by granting broad powers to interpret and implement vague laws that empower bureaucratic experts to do their will. The Supreme Court, heavily influenced by prevailing progressive philosophies, has allowed Congress to broadly delegate its legislative powers to the executive. The result is an executive branch that has become an example of nearly unchecked power.

Due to our form of government, we are not at risk of a rapid slide into totalitarianism like that of the German people in the 1930s, but we certainly seem to be getting close. A few more fallen checks and balances wherein a president is allowed to ignore the law with impunity could very well encourage a charismatic future president with dictatorial tendencies to ignore even more fundamental constitutional provisions, like the two-term limit. The current situation whereby individual members of congress determine whether a president is acting legally purely on the basis of partisanship, and the fact that a significant number of Americans apparently feel the same way, is good reason to quake for the future of the United States constitution.

Byron Schlomach earned his PhD in economics from Texas A&M University and has worked in the state public policy arena for over 20 years. He previously served as Chief Economist at the Texas Public Policy Foundation and the Goldwater Institute. Byron is now Director of State Policy at the 1889 Institute and Scholar in Residence at Oklahoma State University’s Free Enterprise Institute.

Click Here to Read More Essays From This Year’s 90 Day Study!

The three branches of the United States government are the Executive, Legislative and Judicial. The U. S. Constitution lays out the power and authority of each of these separate branches. It is important to note that the powers given to each branch are unique and separate and do not overlap or invade the authority of the other two.

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Americans abhor politicians who gather up inordinate powers. At least, that used to be the case. From our Revolution forward, Americans remained wary of any officeholder who tried to maneuver around constitutional limits. This was especially true if the trespasser happened to be a president.

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During the Watergate scandal, the press went into a veritable feeding frenzy when the Nixon White House reported that slightly more than eighteen minutes of tape recordings of a key conversation between President Richard Nixon and his chief of staff, H. R. Haldeman, were erased. The Nixon White House claimed it was an accident. This erasure contributed immeasurably to the perception that the president was corrupt and helped bring down a presidency that only two years earlier had won reelection in a historic landslide. (Ironically enough, one of the articles of impeachment 51 against Richard Nixon cited his attempts to use the IRS against his political enemies, attempts that were insignificant compared to the vast scope of actual IRS wrongdoing during the Obama administration.) Fast-forward to 2014, with the IRS facing allegations of wrong- doing that absolutely dwarfed in scale and scope any of the allegations against the Nixon administration, and it “lost” far, far more evidence than a mere eighteen-minute conversation.

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Imagine you approach a Hollywood executive with the following script idea: A powerful federal agency goes rogue. It targets political opponents with extraordinary investigations, targets opponents for audits, tries to throw opponents in jail, targets politicians who try to investigate its wrongdoing, and even attempts to monitor the prayers of the faithful. Then, just when investigators close in on the wrongdoers, they suddenly disclose that they’ve “lost” all the relevant evidence. The movie would never be made. Why not? Because it’s too cartoonish, too absurd to be believable. But in the modern IRS, truth is truly stranger than fiction.

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In an article by Connor Wolf called This Is The Difference Between TPP And TPA (Hint: They Are Not The Same Thing), he explains that these two bills are linked together because Trade Promotion Authority (TPA) is a means to fast track passage of the Trans-Pacific Partnership (TPP).  I am confused by this line of reasoning because as a stand-alone bill, TPA is intended to provide transparency to all trade negotiations by soliciting public and congressional input throughout the process, however, TPP as a stand -alone bill, is behemoth and most of the information to which the public has access has been leaked.  Furthermore, it was negotiated behind closed doors.  According to the verbiage of TPA, if TPP is not negotiated using TPA guidelines, the fast track option is negated. So why do news outlets and a wide range of legislators portray these two bills disingenuously? Bundling the TPA and TPP as one idea called Obamatrade is no different than bundling immigration reform and border security, which are two separate issues.  One is about drug cartels and terrorism and the other is about how we manage people who want to immigrate to the United States.

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June 28, 2014 is an historic day in thwarting Presidential over-reach. On that day the U.S. Supreme Court unanimously ruled President Obama’s recess appointments unconstitutional. NLRB versus Noel Canning, ET AL was a rare instance when the Judicial Branch acted as referee and reset the balance of power between the Executive and Legislative Branches.

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Waters, Regulation, And Political “Sleight Of Hand”

At its most-basic level, sleight-of-hand is the art of performed misdirection.  A magician gets an audience to focus their attention on something shiny he is holding in one hand, distracting you from the trick he is attempting behind his back.  If successful, the audience is fooled into thinking that something magical has happened, completely unaware of what tricks the illusionist has engineered to accomplish his feat.  Woe be unto the illusionist who can’t complete his feat without exposing the artifices used to achieve it, or, worse, who public fails at their misdirection.

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How We Got Here

There is a truism when it comes to the power of the federal executive branch: over time, the power of that branch grows.

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The balance to solve the problems inherent in past democracies are addressed in the Federalist Papers. One topic that takes precedent is the idea of popular sovereignty and its dangers that can result in the tyranny of the majority. Whereas most Founders would agree that man is rational and capable of solving problems through reason, and that the will of the majority may be correct, this will is quite fallible. The recognition of this aspect of human nature lays the foundation upon which the Constitutionalists will devise the mechanisms and safeguards within government to allow for popular sovereignty to rule, but tyranny of the majority to fail.

The very fact that these Federalist Papers were penned and published reveals a trust and confidence in the American population to deliberate and reason. In the very first of them, Federalist Paper 1, John Jay sets the tone by directly relating to the consensus of all three social contract theorists’ (Hobbes, Locke and Rousseau) beliefs that men are rational and capable of solving problems with reason (Baradat 68). “My arguments will be open to all and may be judged by all” (Rossiter 30). Publius (pen name), in the next paragraph, lays out his topics of argument and rebuttal in a cogent, logical way.

Federalist Paper No. 6, written by Hamilton, recognizes the dangers of the motives of men as represented in republics and represented as individual kings. Hamilton reminds us in his discussion responding to the advantages of the Confederation would create more harmony, “…would be to forget that men are ambitious, vindictive, and rapacious” (Rossiter 48). Hamilton shared Madison’s distrust of human nature, but believed in people’s ability to overcome said deficiencies with reason. This tone seems to contradict Thomas Jefferson’s notion that the nature of man is generally good. Locke recognized the “dignity of human nature” (Baradat 71) whereas Hobbes distrusted it (69).

Thomas Jefferson, too, respected the dangers that lie within the hearts of men. In his first inaugural speech, Jefferson states, “All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights, which equal laws must protect, and to violate which would be oppression” (16).

Federalist Paper No. 10 is Madison’s discourse on the dangers of the so-called factions that can oppress the minority’s rights. Madison, like Plato, was weary of democracy and distrusted the masses in a crisis. Madison points out throughout his writings the crisis point of a society deteriorating the democracy into a dictatorship.

Madison so distrusted the masses that he devised and defended the notion of the checks and balances in government. If enough people with the same motive and ambition organized, this so-called faction as he called it could rule, via democratic institutions, to the detriment of the minority. By having a centralized government with divisions of power in the legislature, and the executive and judicial branches, the possibility of enough people creating that single-minded majority is lessened. The danger of the faction does not mean that a pluralistic viewpoint and mechanism cannot produce good for the community. Elected officials would be charged with rendering government for the good of the people, not the local, temporary will of the people. By dispersing power, even if an elected official was not the statesman of integrity representing the good of the people, the mechanism of diversifying power offered a safeguard against that potential tyranny.

Unlike Rousseau who thought the majority can do no wrong—that the general will of the people is always good by definition of it being the will of the majority—Madison examined too many historical examples to the contrary. People needed material well-being first in order to ponder and reason with rationality and with an outlook for the greater good. Crisis is what caused the rational to turn to the mob. Ay protecting individual rights, freedoms, and property, man can be free to exercise their thought for the greater good.

Madison’s view of the American people can best be summed up by Robert Middlekauff in The Glorious Cause: “But underlying any successful constitutionalism there had to be a virtuous people. The Founders, especially Franklin, Madison, and Wilson, believed that the Convention must risk all, indeed risk the Revolution, by trusting the virtue of the American People” (653).

Madison viewed the risks involved in democracy of the tyranny of the majority to be less intense in America than in other nations or nation-states because of the size of its territory and diversity of population over that vast land made the possibility of any one faction dominating another less probable. The House of Representatives would be popularly elected. The removal of the Senate from popular control separated the majority from the potential tyranny. The belief in popular sovereignty tempered with the fear of the majority’s tyranny resulted in the remedied called the bicameral legislative branch.

These limits “protected the rights of the minority and of property, rights which had helped set the revolution process in motion in the 1760s” (Middlekauff 653).

Madison as well as other founders also recognized a Providence that seemed to guide humanity and the new nation. Jefferson reiterated this. Although Christianity or any particular religion was not inserted into the publication of the Federalist Papers nor the Convention itself, clearly an underlying virtue subject to an Almighty underscored the sentiments of most Americans and its founders. Religion was referenced as a commonality among men, but not a cure for its ills. “Yet the Constitution managed to capture some of the morality long common in American life and clearly present in the first days of the Revolution” (Middlekrau 652). As mentioned previously, Locke also held the assumption that men are accountable to a God who created them and the natural law.

The contradiction that Madison and other nationalists had to reconcile was the notion that popular sovereignty—the will of the people and self-government—was necessary and proper, but that the ills that could result (tyranny of the majority) needed advance remedies. The Constitution and the federal government it frames exalt the virtues and curtail the ills as best architected thus far in history. “It [the Constitution] aimed to thwart majoritarian tyranny, but it not deny that sovereignty resided in the people. Government should serve the people, and in the Constitution the delegates sought to create a framework which would make such service effective, though not at the cost of the oppression of the minority“(Middlekauff 652).

Moreover, “The delegates placed their trust in the people because they had no choice: a public had to found itself on the people. Their suspicions of popular power led to a preoccupation with restraints and curbs on the undue exercise of power by deedless majorities” (653). Popular sovereignty and the fear of the tyranny of the majority was therefore reconciled by an appeal to the people to approve the strong federal government under the Constitutional framework proposed.

James Madison penned a document called “Vices of the Political System of the United States” in April 1787. In this, he outlined his discontent with the Article of Confederations. This document reveals additional insight to the underlying beliefs Madison had regarding the nature of man and its ills when demonstrated in a democracy. Madison writes of the causes of injustice in the Laws of the States in two places: the Representative bodies and in the people themselves. Madison asserted that appointments to representative bodies have three motives: ambition, personal interest, and public good. He feared that the public good as perceived could be a mask for the first two. The people from whom the representative is elected are also a so-called danger in Madison’s eyes. In this discussion, Madison further points out that the factions can still choose a representative that will not seek a greater good over the passions of the locality. Madison views that even reputation and religion cannot overcome this propensity for self-interest at the expense of others. These ideas in this document Madison penned are reiterated in Federalist Papers Numbers 10 and 51. By broadening the sphere of the republic, the dangers herein expressed are lessened (Green 517-518). Federalist Paper No. 51 examines the role of the checks and balances within the branches to protect the people by controlling each of the other branches and itself. The checks and balances protect the people from the government, and from each other, and the government from itself.

Therefore, this dual nature of man, a species created by God and guided by Providence, a species with innate capabilities such as reason and rationality; whose character traits include virtue, integrity and a quest for the common good; whose very nature is of equal value to all others and contains ambition and a desire for happiness and improvement. This nature also holds the ability to veer into darker traits such as brutish force to violate the rights of another via oppression to achieve self-interest. Reconciling these seemingly contradicting forces provides the premise on which the construction of the Constitution of a national federal government was framed. Democracy is both endowed by Nature as the right form of government, yet it is the very nature of the governed makes democracy dangerous. In this, then, is born the brilliant mechanisms of the Constitution that illuminate the will of the people and protect against its ills: Separation of power via an executive, legislative (bi-cameral) and judicial branch.

Championed by Madison, Hamilton, and Jay in the Federalist Papers and propelled by fellow founders such as Thomas Jefferson and Benjamin Franklin, this careful and meticulous examination of human nature brought forth a new paradigm on whose successes we enjoy liberty to this day.

Amy Zewe is a professor of English and the Humanities, completing graduate work at The George Washington University and Tiffin University. She is also a freelance writer and editor as a business communication specialist and offers commentary on political and social issues to various media outlets. Amy resides in Northern Virginia.

Works Cited

Baradat, Leon, P. Political Ideologies. Upper Saddle River, NJ: Prentice Hall, 2009. Barron, Robert C. eds. Jefferson The Man in His Own Words. Golden CO: Fulcrum Publishers. 1998

Greene, Jack P. eds. Colonies to Nation 1763-1789 A Documentary History of the American Revolution. New York: W.W. Norton & Company. 1967.

Locke, John. Second Treatise of Government. Macpherson, C.B. eds. USA: Hackett, 1980.

Middlekauff, Robert. The Glorious Cause: The American Revolution, 1763-1789. New York: Oxford Press. 1982

Rossiter, Clinton, ed. The Federalist Papers. New York, NY: Signet, 1999.

Click Here to Read More Essays From This Year’s 90 Day Study!

The founding fathers, particularly the writers of the Federalist Papers, were well versed in the classics, Greek literature, historical records of successes and failures of governments, and the political theorists of their era. The Founders’ views of human nature are the basis upon which they created a democratic republic such as they did in America. This paper will examine elements of the how the Founders’ viewed human nature, and how that view influenced the resulting mechanisms placed within the Constitutional government of the United States. This examination will focus on James Madison, Alexander Hamilton, Federalist Papers Numbers 6, 10, and 51, and other writings of Madison. In addition, the theories and writings of the era that influenced both Madison and other founding members of the federal government will be reviewed.

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The IRS seems to be replacing “tax collection” with “oppression and censorship” as a key part of its agency mission statement.

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The cliché that America is a “nation of immigrants” is true as successive waves of immigrants throughout its history came to this country for its freedoms and opportunity.  The Statue of Liberty symbolically welcomes immigrants to America.  Over the past 150 years, American immigration policy has alternated between restriction and liberalization.  But, whatever vacillating nature of immigration laws, the unifying core was that constitutionalism generally guided the process of laws regarding immigration.

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In late May 2013, we’d seen enough. We filed a lawsuit, the largest in ACLJ history.21 Ultimately including forty-one conservative and pro-life organizations in twenty-two states, it represented a comprehensive attack on the IRS targeting scheme and laid out in detail the consequences of the IRS’s misconduct. The ACLJ filed its case with the following understanding:

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Mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thomas Jefferson Declaration of Independence

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In communities across America, parents and students are increasingly opting out of onerous standardized tests being pushed by the Department of Education. These assessments, which are directly related to both Common Core and No Child Left Behind, often put young children in high-pressure testing situations for hours on end. In fact, the length of some of these tests is comparable to state bar examinations for aspiring attorneys. And to boot, educational experts are increasingly finding that these tests have little, if any, educational value for children.  The context behind this nationwide opt out movement, and the Department of Education’s response, is a prime example of Executive overreach at work in a very intimate part of American family life.

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“Let’s translate: when evaluating progressive organizations, the IRS singled out only seven groups for additional scrutiny, asked an average of only 4.7 additional questions, and approved every single group.

By contrast, the IRS singled out 104 conservative groups, asked an average of 14.9 additional questions (some with multiple subparts), and ultimately approved fewer than half,”  Jay Sekulow. 

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By early 2010, two developments were shaking American liberals to their core. The first was the rise of the Tea Party; the second was a Supreme Court case that protected the right of free political speech. Read more

A t-shirt I saw recently embodies the ultimate justification for parental authority, “I’m the Dad, That’s Why.” Of course, substituting “Mom” works, as well. President Obama’s claims of executive authority to act when Congress fails to enact his vision about immigration matters, Obamacare, or the environment, similarly appears to be, “I’m the President, that’s why.” As a t-shirt slogan, it works; as constitutional doctrine, not so much.

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The Obama administration has spent billions of taxpayer dollars implementing the Affordable Care Act, often taking vast liberties with statutory language.  The administration’s actions were the subject of a House Ways and Means Oversight subcommittee hearing on Wednesday, chaired by Rep. Peter Roskam (R-IL).

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When Barack Obama was elected in 2008, much was made in the press of the perception that this event reflected voters’ fatigue with foreign entanglements and a turning inward to domestic issues. While there is truth to that, events are not controlled by voters’ sentiments and have a way of upsetting comfortable delusions. It might be said, with apology to Leon Trotsky, “You may not be interested in international conflict, but international conflict is interested in you.” Thus, by 2012, Russia rising, Iraq fracturing, Syria boiling, China blustering once again placed foreign relations on the political radar. Still, Mitt Romney’s warnings about, for example, Russia as the preeminent geopolitical threat, fell on insufficient numbers of listening voters’ ears, and Barack Obama was re-elected.

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One of the most controversial recent presidential actions is the Obama administration’s desire to enter a “nuclear deal” with Iran. To prod Iran into an agreement that he appears desperately to want, President Obama intends to waive sanctions imposed under earlier legislation and executive action. As shown by an open letter to the Iranian government authored by Senator Tom Cotton and signed by 47 Republican senators, a hotly-debated aspect of the deal is which role, if any, Congress would play in this spectacle.

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Constituting America first published this message from Founder & Co-Chair Janine Turner over Memorial Day Weekend, 2010, the inaugural year of our organization.  We are pleased to share it with you again, as we celebrate our 5th birthday!  On this Memorial Day weekend, I think it is appropriate to truly contemplate and think about the soldiers and families who have sacrificed their lives and loved ones, and given their time and dedication to our country. Read more

The words “education,” “schools,” and “curriculum” do not appear in the U.S. Constitution or any Amendments.  This is not to say the Founders were not supportive of public education. Many of them, most notably Thomas Jefferson, wrote in support of the concept because they believed that, “an educated citizenry is a vital requisite for our survival as a free people.”

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The only way for the United States to wrestle the reins of power from the general government is a renaissance of State powers as codified by the Tenth Amendment to the Constitution.  Only then will we have true government by the “consent of the governed.” 

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Given the pervasiveness of regulation over the American economy, ensuring procedural due process for all Americans wishing to participate in both adjudications and rulemakings before administrative agencies is no easy task.  Indeed, unlike Congress—which is a political institution specifically designed by the Founding Fathers to promulgate laws based on the will of the people—an administrative agency, as a creature of Congress, is specifically designed to be apolitical so that it can implement the will of Congress by following its particular governing statute (e.g., the Federal Communications Commission and Communications Act; the Federal Energy Regulatory Commission and the Federal Power Act).  For this reason, we have the Administrative Procedure Act, which requires, among other things, administrative agencies to provide interested parties with a meaningful (and orderly) opportunity for notice and comment regarding agency decisionmaking, and to disclose any private meetings with outside parties which may have a material impact on this decisionmaking (what are known as “ex parte” rules).  By establishing such procedural safeguards, an administrative agency can (ideally) make dispassionate decisions based on the law, economics and the facts before it, rather than succumb to outside political pressure.

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American citizens should never fear their own government. It’s Un-American. The Declaration of Independence directed our Founders to organize government powers “in such form, as to them shall seem most likely to effect their safety and happiness.” We should be able to go to bed at night feeling safe from hostile pounding on the door. The concept of the home as a safe refuge has been a key principle of Western Civilization going all the way back to the Roman Republic.

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Among the things we have to thank the French for is the invention of the bureaucracy, which more than one dictionary defines as a system of government in which most of the important decisions are made by state officials rather than by elected representatives.

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By our count at the Galen Institute, more than 49 significant changes already have been made to the Patient Protection and Affordable Care Act: at least 30 that President Obama has made unilaterally, 17 that Congress has passed and the president has signed, and 2 by the Supreme Court.

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“The Constitution protects us from our own best intentions. It divides power among sovereigns and among branches of government precisely, so that we might resist the temptation to concentrate power in one branch as the expedient solution to the crisis of the day.”

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George Washington’s Proclamation of Neutrality, Thomas Jefferson’s Louisiana Purchase, Abraham Lincoln’s Emancipation Proclamation, invasion of the South, and suspension of habeas corpus, Harry S. Truman’s railroad seizures, and the growth of militarism domestically and internationally by George W. Bush and Barack H. Obama are all examples of executive overreach; examples of when the President used powers not given to him by the Constitution or exercised by his predecessor. Executive overreach is neither unique to the American system nor new to our time.  Efforts to limit executive control, whether it be an elected president, entrenched oligarchy, or hereditary monarchy, have defined Western political thought and reform since Magna Carta was signed by King John of England in 1215 at Runnymede. The greatest and most enduring thinkers—John Locke, Baron de Montesquieu, Jean Jacques Rousseau—that influenced the political revolutions of the 18th Century and still define the contours of our current political paradigm were concerned with restraining executive authority through the dispersion of political authority. In 1776 the U.S. declared itself independent and proceeded to rid itself of an executive and parliament that had usurped their authority. But no sooner did America win its independence did it seek to reconcentrate power into a centralized governing structure by ridding itself of the Articles of Confederation and ratifying the U.S. Constitution. The responsibility of an enlightened and engaged citizenry is to thwart all efforts of overreach.

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In addition to the power to enact important reforms like the REINS Act and the USA Freedom Act, Congress has another time-honored power to exercise when it needs to stop an overreaching executive. It is a power wielded far too infrequently in recent years. And it is a power that James Madison described in Federalist 58 as “the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.”

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The rule of law is in grave danger, as federal regulators use ever thinner legal pretexts to enable vast public policy changes without votes by our elected representatives.  In a span of just seven days, (essay originally published on March 5, 2015) the FCC declared the Internet a public utility, Congress acceded to DHS implementing executive amnesty, the president used a veto threat to protect the NLRB’s ambush elections rule, and the Supreme Court’s four liberals showed they are not just willing but enthusiastic to allow the IRS to ignore the plain language of Obamacare.  A great week for regulators, but a terrible week for everyone else.

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One Saturday morning a month, I take my eight-year-old son and my seven-year-old daughter to the neighborhood big-box hardware store for “Kid’s Craft Day.” They get an apron to wear and an assemble-it-yourself kit with instructions for building a flower pot rack or a wooden photo frame. For an hour, they get to pound nails, glue joints, and slap paint on a project that has no risks or liability attached to it. And while they’ll hopefully have the pride that comes from a solid job at the end, as every mom and dad there knows, this time together isn’t really about the finished product, but about learning the process of carefully following directions.

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The world where House and Senate Chambers are packed with Members attentively listening to their colleagues ended long before films like “Mr. Smith Goes to Washington” and “Advise and Consent” paid it homage.

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The Supreme Court justices had a lively discussion yesterday (essay originally published March 5, 2015) during arguments in King v. Burwell about who Congress intended to get health insurance subsidies and under what conditions. Read more

A federal district judge ruled on Monday (essay originally published December 18, 2013) that the National Security Agency program tracking all Americans’ phone calls is “probably unconstitutional.” In Klayman v. Obama, Judge Richard J. Leon of the U.S. District Court for the District of Columbia held that “such a program infringes on ‘the degree of privacy’ that the Founders enshrined in the Fourth Amendment.”

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Are drones coming home to roost? Last week (essay originally published May 30, 2013), President Obama announced his administration’s counterterrorism policy. The question is, will this policy defend our liberties — or destroy them?

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“Governments are instituted among Men, deriving their just powers from the consent of the governed”  The Declaration of Independence used these words to legitimize our founding as a nation. Fifteen simple words, but they embodied a world-shattering idea. Kings supposedly derived their authority from God, but the Declaration declared that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These subversive words flipped the divine right of kings on its head. Instead of kings, God endowed all of mankind with natural rights. Read more

On the subject of free speech the founders could not have been clearer. When they wrote that “Congress shall make no law” inhibiting its exercise or that of freedom of the press they were quite specific.

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On December 7, 1941, Japan bombed Pearl Harbor and killed 2,500 American servicemen.  Japan’s ally, Germany, followed up the attack by declaring war on the United States.  Just after noon on the following day President Franklin D. Roosevelt addressed the shocked members of Congress and told them that the sneak attack was a “date which will live in infamy.”  The Congress declared war on Japan by an 82-0 vote in the Senate and nearly unanimous vote of 388-1 in the House.  When Japan’s allies, Germany and Italy, declared war on the United States, Congress responded in kind on December 10.  World War II became the last war in which the United States declared war against a foe.

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The Founders believed that consolidating executive, legislative, and judicial powers would threaten liberty, so to avoid this tragedy, they built our constitutional framework with checks and balances. James Madison, the Father of the Constitution, wrote in Federalist 47 that “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

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In late January 1904 the president of Princeton University stepped to the podium of The Outlook Club in Montclair, New Jersey. Today, university presidents get into the news when some scandal erupts, but at the beginning of the last century they often enjoyed the status of what we now call “public intellectuals”—frequently quoted in the newspapers on the issues of the day, looked to for solutions to economic and social problems. Nicholas Murray Butler at Columbia, Charles William Elliot at Harvard, and Arthur Twining Hadley at Yale were well-respected national figures. The Outlook Club was exactly the platform for such a person; possibly named after The Outlook, a prominent magazine featuring literary and political commentary associated with the several “reform” movements of the day, the Club afforded its speakers an audience of university-educated civic leaders who used their influence to promote “good government”—by which they first intended government free of corruption and of the party “bosses” associated with it, but which would soon coalesce into something still more ambitious: Progressivism.

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Oh, how we fret!  Rightfully, of course, for nothing is more frightening to the American Mind than the specter of overweening authority.  During the second Bush Administration, the Left was beside itself with concern over executive overreach (from the Iraq invasion to the Patriot Act) and now, during the Obama Administration, the Right is beside itself with concerns about usurped power (from the federal minimum wage hike to Immigration amnesty).  It is good to highlight the tendency of Presidents to overstep their constitutional bounds—but emphasizing it risks ignoring a far deeper and more insidious problem: the immense and pernicious power of Administrative Despotism.  While we focus in animated concern upon the head of the snake, we forget the innumerable coils that already surround us.

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News reports of federal agencies abusing the rights of Americans and violating the law have become all too common. It is no longer plausible for defenders of big government to argue that these abuses are simply a few isolated incidents. We have witnessed a veritable parade of lawless abuses from all corners of the federal government. Read more

This year marks the 50th anniversary of the opening of The Sound of Music, a sweet love story built around the somewhat grittier sub-plot of Nazi Germany’s annexation of Austria in the late 1930s. The movie is actually based on the true story of an Austrian naval hero – Captain Georg von Trapp – who opposes the Nazi Anschluss and refuses to accept a commission in the German navy. He takes a stand near the end of the movie by singing the patriotic song “Edelweiss” at a local festival. The song summons all Austrians who love freedom to stand by their convictions and refuse to violate them, even when being coerced by an out-of-control executive.

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Under President Obama, America has witnessed an unprecedented expansion of presidential power.  This is not merely the observation of political opponents.  Liberal law professor Jonathan Turley—who voted for President Obama—has reached the same conclusion:  “We are seeing the emergence of a different model of government in our country—a model long ago rejected by the Framers.”[1]  “What’s emerging,” according to Professor Turley, “is an imperial presidency, an über-presidency . . . where the President can act unilaterally.”[2]

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Criticism abounds regarding President Barack Obama and executive overreach. To name one example, the Affordable Care Act (ACA), commonly known as “Obamacare,” has raised the ire of many Americans. Expansive government and centralized approaches to political issues, admittedly, started before the Obama administration, but current executive overreach has accelerated the size of the national government and threatens individual liberty.  Various administrative divisions, whether classified as executive agencies or executive departments, such as the Environmental Protection Agency and the Department of Education, have been scrutinized, too. Through “the administrative state,” what some have labeled the “fourth branch of government,” the executive branch seemingly continues to have its fingerprints on more and more aspects of American lives. Read more

Executive overreach often refers to the growth of the administrative state beneath the President, and whether it has grown beyond the Constitutional limits meant to ensure checks and balances, and protect the liberty of the people.  When discussed in the media, among academics, and at dinner tables and coffee shops around the United States, attention is often turned towards the actions, or attempted actions, of the current White House resident.  Debate over executive orders, signing statements, the limits of war powers, recess appointments, border security, healthcare, swirl and blend in a way such that those without an addiction to the news or a background in government, can easily become lost, or worse, turned off from what is happening in current events.

Functionally, and regardless of ideology, it is difficult to debate the fact that the presidency has overstepped the vision the founders had for the office, and the restraint on power the Constitution was intended to serve as. Missing from the discussion is that the presidency – both the office and the person – has more and more insinuated itself into the daily lives and workings of citizens.  This goes well beyond, and began well before, movement politicians, like President Obama or Ron Paul’s attempts for the Oval Office.

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The power to tax is the power to destroy. When Justice Marshall wrote these words in 1819 (echoing the words of Daniel Webster) he was expressing what could be considered a prophetic statement–those who have the power to tax wield enormous power over everyday lives, power that is apt to be abused.

This mistrust of those who hold the tax and power is nothing new. Looking back at the New Testament, those who witnessed Christ’s acts noted the skepticism that abounded because among those Jesus surrounded himself by where tax collectors, who were commonly reviled.

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Expanding Presidential power usually erodes democracy, expands government, and facilitates the rise of an increasingly unaccountable “Imperial Presidency”.  Ironically, giving Presidents more power to control spending does just the opposite.

The struggle over government spending has been a fundamental point of contention since the earliest days of our Federal Government.  In the last twenty years, this issue has split the Democrats in Congress, frustrated Republican and Democratic Presidents, and generated numerous Supreme Court cases.  The 1974 effort to resolve the matter, once and for all, substantively contributed to the current explosion in federal spending.

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Articles I, II, and III of the Constitution describe the roles of the legislative, executive, and judiciary branches of the federal government. It’s clear that the Founders intended for Congress to make the laws, the administration to enforce the laws, and the courts to interpret the laws.  Although this doctrine of Separation of Powers sounds simple, it’s not. The administrative branch holds great power to promulgate regulations and make executive decisions (orders and actions) that wield the force of law, and today, many fear that this power is being abused. Read more

As introduced in the previous post, the 1952 Steel Seizure Case is a cornerstone of the Court’s separation of powers jurisprudence. The case arose out of President Harry Truman’s decision to seize the steel mills to prevent a labor strike that, he claimed, threatened steel production for the war effort in Korea. The Court was presented with the difficult problem of resolving, in a legal setting, the essentially political wrangling between Congress and the President, with the latter pressing his constitutional power claims to the maximum. At another level, the case exposed the fault lines between the American view of the Constitution as both the source and the basic formal law of government, and the classical view of constitutions as mere reflections of formal and informal political accommodations already made otherwise. Read more

Separation Of Powers Case: Youngstown Sheet & Tube Co. v. Sawyer (Part 1)

When the Supreme Court addresses constitutional aspects of executive “overreach,” it often does so in the context of a clash between the President relying on a broad reading of his constitutional powers and the Congress attempting to limit those powers through the use of its own. The controversy that raises the issue is usually said to involve the Court in the delicate, but vital, role of “policing the boundaries established by the Constitution.” To decide just where the boundaries relating to the separation of powers lie, the Court typically looks to the framework established in the foundational case, Youngstown Sheet & Tube Co. v. Sawyer (1952). Read more

The phrase checks and balances has become so commonplace that it is often spoken as if it were a single word, but in the eighteen century, it was two distinct concepts. John Adams may have been the first to put the words checks and balances together in that order in his 1787 publication, A Defense of the Constitutions of Government of the United States of America, but balance and check is the phrase used in The Federalist, and that is the sequence James Madison would have thought appropriate. First, balance powers between the branches of government, and then check those powers so they are not abused.

In his voluminous Constitutional Convention notes, Madison recorded himself as saying that he “could not discover … any violation of the maxim which requires the great departments of power to be kept separate and distinct … If a constitutional discrimination of the departments on paper were a sufficient security to each against encroachments of the others, all further provisions would indeed be superfluous. But experience had taught us a distrust of that security; and that it is necessary to introduce such a balance of powers and interests, as will guarantee the provisions on paper. Instead therefore of contenting ourselves with laying down the theory in the Constitution that each department ought to be separate and distinct, it was proposed to add a defensive power to each which should maintain the theory in practice.”

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Concentrated political power frightened the Founders. They especially feared unrestrained executive power. In fact, some of the delegates to the Constitutional Convention fought for a weak executive because history had been a continuous stream of kings and rulers supplanting legislative bodies. Despite misgivings, James Madison convinced the delegates that balanced power with effective checks was the only way to secure liberty and the idea became foremost in the design of a new government.

When you study the political formation of the United Sates, one is struck by the recurrence of the checks and balances theme— in Madison’s convention notes, the Constitution itself, the Federalist Papers, the minutes of the ratification conventions, and even the Anti-Federalist papers. There can be no doubt that a national consensus supported the concept that each part of the government should act as an effective check on all of the other parts of the government. Read more

Is the pending deal with Iran over its nuclear program a treaty – or not?  What powers does the Constitution give the President, and what powers does it give the Senate?

There are three places in the Constitution that address treaties with other nations.  The first is the most relevant to this discussion.  It is easy to recall where it is: just remember the numbers 2-2-2: It is Article II, Section 2, Clause 2. [The President] “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…”  That clearly makes a treaty conditional upon the concurrence, or affirmative vote, of two thirds of the Senators voting.  Both the President and the Secretary of State are former Senators, presumably well-acquainted with that stipulation.  So on what basis can they claim that Senate approval of this proposed deal is not required? Read more

Constitutional Crisis – How Executive Overreach is Impeding Your Liberties and Undermining States’ Sovereignty: A Study on the Critical Erosion of Constitutional Checks and Balances.

This year’s 90 Day Essay Study will focus on examples of the dramatic expansion of executive branch power at the expense of both Congress and states’ sovereignty – and explain why this is happening. It is, of course, happening due to the breakdown of the Constitutional checks and balances, and the White House, Congress and the Supreme Court are all at fault.

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Are you looking for a fun way to get your students excited to learn about the U.S. Constitution?

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SpeechScreenShot3Constituting America founder and co-chair, Actress Janine Turner (Northern Exposure, Cliffhanger, Friday Night Lights), joined by Constituting America National Youth Director Juliette Turner and/or one or more of our“We The Future” student contest winners, will speak to your child’s classroom in person, or via Skype or Google Hangout!

HERE’S HOW IT WORKS:

Janine and Juliette and/or our Contest Winners will provide a non-partisan, age appropriate conversation about the Constitution for any educational department: Drama classes, music classes, government and history classes, English classes and more are all welcome! Our winners will show you how they used their songs, short films, public service announcements, artwork, poems, and speeches, to both promote the U.S. Constitution, and to win scholarships, trips around the country, cash prizes and more!

Janine and Juliette will teach your students about the U.S. Constitution in a non-partisan way –  covering a fun “Constitution Quiz” that emphasizes the roles of various branches in our government and some of the most important points about the U.S. Constitution.

This is also a unique opportunity for your students to speak with Janine about pursuing a career in Radio, Television, or Film.

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SkypeSeesions

These non partisan, educational internet sessions are tailored to your teaching schedule and classroom needs – we can work with speaking slots as short as 15 minutes or as long as 35 or 40 minutes and can cover specific topics upon request. These sessions are free learning opportunities for your students. There is no cost to your school! Internet sessions are perfect for home school groups, scout troop meetings, Patriot Club meetings or anywhere else that young people are gathered who want to learn about the Constitution, and our exciting “We The Future” Contest!

What Teachers Say:

“Wow! To hear someone with this much passion for making sure our youth have a thorough understanding of the Constitution is amazing. Our students at “The” Barack Obama Male Leadership Academy enjoyed the challenges presented by Janine and appreciated the opportunity to learn from a truly zealous advocate of the document that founded these United States of America. Thanks for a GREAT presentation. The students enjoyed it and so did I. They are chomping at the bit for your return.”  – Tom McLaughlin, Teacher, “The” Barack Obama Male Leadership Academy, Dallas, Texas, May 2015

Our experience with Constituting America was unique and inspirational.  My students were able to make real-world connections with people who care deeply for our country’s founding documents.  They were blessed to receive relevant material that bring the subject to life in a way that traditional textbooks do not.  I often struggle as a teacher with a balance between that which we must learn and that which makes learning worthwhile.  Constituting America brought both of those together in a memorable way that my students and I will never forget.   Thank you from East Texas!  Jeff Sims, East Texas Charter School, September 2016

RESERVE YOUR SKYPE / GOOGLE HANGOUT SESSION Or “In Person” Speech NOW:

E-Mail: ConstitutingAmerica1787@yahoo.com

Phone: 1-888-937-0917

Schools & Organizations Constituting America Founder  Co-chair Janine Turner has spoken to (by Skype or In Person):

Adventures of Eastern Tennessee Homeschool – Knoxville, Tennessee

Alpha Chi Omega Alums – Colleyville, TX

American Heritage Girls – St. Louis, MO

Arise Ministries – Oklahoma, OK

Atlantic Middle School – Quincy, MA

Babes Chicken Dinner House Restaurants Employees (Frisco, Carrollton, Garland, Arlington)

Ballard High School – Seattle, Washington

Ballwin Homeschool Group – Ballwin, MO

Benchmark Elementary Teacher-in-Service Day, Phoenix, AZ

Booker T. Washington High School for the Performing and Visual Arts – Dallas, TX

Boy Scout Troop 57 – Garland, Texas

Boy Scout Troop 1910 – Keller, Texas

Boys and Girls Club – Arlington, Texas

Boswell High School – Fort Worth, Texas

Boyd High School–McKinney, Texas

Bussey Middle School – Garland, Texas

CAN! Academy – Dallas, Texas

Cheryl Felicia Rhoads Northern Virginia Acting School – Falls Church, Virginia

Congressman Johnson’s Congressional Youth Advisory Council – McKinney, Texas

Conover Road Elementary – Colts Neck, New Jersey

Constitutional Leadership Seminar – Yorktown, VA

Convention of the States – A project of Citizens for Self-Governance – Dallas, TX

Cooke County Republican Party – Convention of States – Gainesville, Texas

Covenant Christian Academy – Colleyville, Texas

Cumberland Road Elementary – Fishers, Indiana

Cuyuna Regional Medical Center – Brainerd, MN

Dallas Salesmanship Club – Dallas, TX

DAR Capitol Hill Chapter – Washington, DC

Desert Townhall – Palm Desert, California

Eagle Mountain Elementary – Fort Worth, Texas

Eddins Elementary – McKinney, Texas

Evangel Classical Academy – Alabaster, Alabama

Fort Worth Country Day – Fort Worth, Texas

Founders Classical Academy – Lewisville, Texas

Gainesville Rotary Club – Gainesville, Texas

Grace Covenant Academy – Frisco, Texas

Grapevine Faith Christian School (Juliette Turner) – Grapevine, Texas

Great Homeschool Convention – Ft. Worth, Texas

Green Oaks School – Arlington, Texas

Harwood Junior High – Bedford, Texas

Highland Park High School – Dallas, Texas

Imagine International Academy of North Texas –McKinney, Texas

Irving Sunrise Rotary Club – Irving, Texas

iHigh Graduation – Lewisville, TX

iSchool High – Lewisville, Texas

John Ben Shepperd Leadership Institute – Austin, Texas

Kingwood Middle School – Kingwood, Texas

Knights of Columbus – Irving, Texas

Knoxville Home School – Knoxville, TN

Leo Linbeck Google Hangout – Colleyville, TX

Lyles Middle School – Garland, Texas

Los Angeles Film School – Los Angeles, California

Meadow Oaks Academy – Mesquite, Texas

McSpedden Elementary – Frisco, Texas

Middle Tennessee State University – Nashville, TN

Mooneyham Elementary – Frisco, Texas

Mt. Vernon High School – Alexandria, Virginia

Mt. Vernon Estate (Juliette Turner) George Washington Symposium – Alexandria, Virginia

Naaman Forest High School – Garland, Texas

New Horizons of Southwest Florida After School Program  – Bonita Springs, Florida

New York Film Academy – Los Angeles, California

North Texas Homeschool Families – organized by Justice of the Peace Russ Casey

North Richland Hills Homeschool Group – North Richland Hills, Texas

Northstar Academy – Arlington, Texas

Restoring Liberty – Dallas, Texas

Riverside Military Academy – Gainesville, Georgia

Rucker Elementary – Prosper, Texas

Smith’s Station High School – Smith’s Station, Alabama

SMU – College Republicans – Dallas, Texas

Sons of the American Revolution – Garland, TX

Sunnyvale Middle School – Sunnyvale, Texas

St. Vincent’s School – Bedford, Texas

Stone Brook Learning Center and Meadow Oaks Academy – Mesquite, TX

Tarrant County College – Fort Worth, Texas

Teach Them Diligently Home School Conference – Dallas, Texas

Texas A&M  – College Republicans

Texas A&M – Women’s Leadership Conference

Texas Health Presbyterian Hospital – Flower Mound, Texas

The Barack Obama Male Leadership Academy – Dallas, Texas

The Constitution Leadership Initiative – Yorktown, Virginia

University Park Elementary School – Dallas, Texas

Wayside Middle School – Fort Worth, Texas

Westlake Academy – Westlake, Texas

Wilshire Elementary – Euless, Texas

Winchester-Frederick-Clarke Republican Women – Winchester, VA

W.T. White High School – Dallas, Texas

Wayne County Schools – Smithville, Ohio

Young Academy – Southlake, Texas

Yucca Middle School – Clovis, New Mexico

 

Janine Turner & Cathy Gillespie

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Announcing Lexi Lassiter, 2015 Winner: Turner Maurice Gauntt Jr. Exemplary Citizen Award 

8Alexis Lassiter is a remarkable young woman whose high school attributes, achievements and character mirror those of Turner Maurice Gauntt, Jr.’s. Lassiter, a freshman at the University of Texas at Austin, is pursuing a degree in Mechanical Engineering in addition to completing the Business Foundations Certification program. Graduating fifth in her class from Athens High School, she achieved Distinguished Honors, becoming an Athens Public Education Foundation four-year scholar.

Through high school, she participated in numerous school and community activities. As a debate team member from grades 9-12, she participated in Policy debate, Duo Interpretation, Prose, and Extemporaneous Speaking on district, regional and state levels. She earned Texas Forensic Association (TFA) State qualification and was the highest Junior National Forensic League (NFL) point earner.

As an active member of the Athens High School Drama Department, she participated each fall in production, her characters ranging from a zombie in Maul of the Dead, to Miss Hannigan in Annie, to the Cheshire Cat in Alice in Wonderland. Each spring, she competed in the One-Act Play on district, regional, and state levels. Her department earned second place at the state competition, and she received two All-Star Cast awards on district and regional levels.

All four years of high school Lassiter was a member of Key Club and Student Council, becoming Parliamentarian of Student Council her sophomore and junior years, and Vice President her senior year in addition to serving as Key Club President. She was inducted into the National Honors Society at the end of her sophomore year, and became Community Service Officer her senior year, planning community service activities and making outside opportunities available to other members.

In addition, Lassiter participated in countless community service projects: fundraising for typhoon relief; breast cancer awareness; soup kitchen; Humane Society; collecting toys for the Fire Department; sending care packages for overseas military members; and working the city-wide “Pancake Day” with Kiwanis, for example.

Outside of school, Lassiter participated in summer musicals at the Henderson County Performing Arts Center along with being a First Presbyterian Church of Athens youth group member. She served as Youth Representative on the Youth Advisory Council.

Lassiter was also an ambassador for the Hugh O’Brian Youth Leadership seminar the summer following her sophomore year. This seminar pushes young adults toward leadership through volunteering for service projects, listening to successful motivational speakers, and having collaborative discussions where students gain more ambition to change the world. Lassiter enjoyed the seminar so much she decided to return as a Junior Facilitator the following two years and plans to continue. She is happy to log more than the required 100 hours of community service each year to catalyze the excitement and growth of each student who attends HOBY.

A strong sense of community persists in the small town of Athens where Lassiter grew up. Joining organizations that embrace and enhance such an essence has been entirely heart-warming for her.

Though Athens provided Lassiter with so much, she is excited to see what the University of Texas at Austin has in store for her and her future.

For more information about the Turner Maurice Gauntt, Jr. Exemplary Citizen Award, and to nominate a student, visit us at: https://constitutingamerica.org/the-turner-maurice-gauntt-jr-exemplary-citizen-award/


2015 Constitutional Champion Award: Congressman Bob Goodlatte

Constituting America recognizes individuals who have demonstrated their strong allegiance to upholding the very laws outlined in our U.S. Constitution and to carry forward the intentions of our Founding Fathers. This year our Constitutional Champion Award goes to Chairman of the House Judiciary Committee, Congressman Bob Goodlatte.

 

Goodlatte

In the 113th Congress, Bob Goodlatte was elected to serve as Chairman of the House Judiciary Committee, which is called the “lawyer” for the House of Representatives because of its jurisdiction over matters relating to the administration of justice in federal courts, administrative bodies, and law enforcement agencies. It also has the important responsibility and jurisdiction of the impeachment process.

An especially important role the House Judiciary Committee holds is Guardian of the U.S. Constitution. It also has jurisdiction over Amendments to the U.S. Constitution – among many other items.

For the first time in history in 2011, under the leadership of Chairman Goodlatte and the House Judiciary Committee, the House read the Constitution on the House floor. This tradition has been continued in 2013 and 2015, at the beginning of each Congress.

Chairman Goodlatte worked to go one step further on this symbolic gesture – he led the effort to require a Constitutional justification for every piece of legislation introduced – and he has continued to work to strengthen that requirement every Congress.

But Chairman Goodlatte hasn’t just symbolically defended the Constitution by having it read on the House floor and requiring members to justify legislation they introduce by citing the jurisdictional clause in the Constitution for their legislation – the Chairman has stood up for the Constitution at every opportunity – stood up to and shined a light on executive power grabs on issues ranging from the Affordable Care Act, to immigration, to the EPA. Chairman Goodlatte has utilized legislative action, the power of the purse, and even helped bring litigation against aggressive executive branch overreach in order to maintain the checks and balances and separation of powers designed by our founders and outlined in the U.S Constitution.

Chairman Goodlatte has a deep appreciation for, and most importantly, understanding of our United States Constitution and our country’s founding principles, and we could have no better defender of the U.S. Constitution than House Judiciary Chairman Bob Goodlatte: Constituting America’s 2015 Constitutional Champion!


 

Constitution Day Dinner Celebration
September 12, 2014
Las Colinas, Texas 

2014 Constitutional Champion Award: U. S. Senator Ted Cruz

The Constitutional Champion Award

TedCruzConstituting America recognizes individuals who have demonstrated their strong allegiance to upholding the very laws outlined in our U.S. Constitution and to carry forward the intentions of our Founding Fathers. This year our Constitutional Champion Award goes to Senator Ted Cruz.

In 2012, Ted Cruz was elected as the 34th U.S. Senator from Texas. A passionate fighter for limited government, economic growth, and the Constitution, Ted won a decisive victory in both the Republican primary and the general election, despite having never before been elected to office.

Propelled by tens of thousands of grassroots activists across Texas, Ted’s election has been described by the Washington Post as “the biggest upset of 2012 . . . a true grassroots victory against very long odds.”

National Review has described Ted as “a great Reaganite hope,” columnist George Will has described him as “as good as it gets,” and the National Federation of Independent Business characterized his election as “critical to the small-business owners in [Texas, and], also to protecting free enterprise across America.”

Ted’s calling to public service is inspired largely by his first-hand observation of the pursuit of freedom and opportunity in America. Ted’s mother was born in Delaware to an Irish and Italian working-class family; she became the first in her family to go to college, graduated from Rice University with a degree in mathematics, and became a pioneering computer programmer in the 1950s.

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Ted’s father was born in Cuba, fought in the revolution, and was imprisoned and tortured. He fled to Texas in 1957, penniless and not speaking a word of English. He washed dishes for 50 cents an hour, paid his way through the University of Texas, and started a small business in the oil and gas industry. Today, Ted’s father is a pastor in Dallas.

Before being elected, Ted received national acclaim as the Solicitor General of Texas, the State’s chief lawyer before the U.S. Supreme Court. Serving under Attorney General Greg Abbott, Ted was the nation’s youngest Solicitor General, the longest serving Solicitor General in Texas, and the first Hispanic Solicitor General of Texas.

In private practice in Houston, Ted spent five years as a partner at one of the nation’s largest law firms, where he led the firm’s U.S. Supreme Court and national Appellate Litigation practice. The National Law Journal has called Ted “a key voice” to whom “the [U.S. Supreme Court] Justices listen.” Ted has been named by American Lawyer magazine as one of the 50 Best Litigators under 45 in America, by the National Law Journal as one of the 50 Most Influential Minority Lawyers in America, and by Texas Lawyer as one of the 25 Greatest Texas Lawyers of the Past Quarter Century. From 2004-09, he taught U.S. Supreme Court Litigation as an Adjunct Professor of Law at the University of Texas School of Law.

Ted graduated with honors from Princeton University and with high honors from Harvard Law School. He served as a law clerk to Chief Justice William Rehnquist on the U.S. Supreme Court. He was the first Hispanic ever to clerk for the Chief Justice of the United States.

Ted and his wife Heidi live in his hometown of Houston, Texas, with their two young daughters Caroline and Catherine.

Our Military Constitutional Champions:

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This award is in recognition of our military heroes who served our country and swore under oath to serve our country and uphold the U. S. Constitution. These patriots not only served our country in the military, but they have also demonstrated exemplary service to their communities.

COL (Ret) Tom Adcock served for more than 25 years in the U. S. Army before embarking on a 17 year second career leading a team of engineers for a Washington, District of Columbia, based firm. Presently he resides in McLean, Virginia, with his wife Betty. In 1957 Tom earned his B. S. Degree from the United States Military Academy in West Point, New York, and in 1963 he earned an M. S. Degree in Electrical Engineering from the Massachusetts Institute of Technology.

His U. S. Army troop assignments included Platoon Leader in the 25th Infantry Division’s 125th Signal

Battalion in Hawaii, Division Radio Officer for the 1st Air Cavalry Division in Vietnam, Battalion Operations & Intelligence Officer of the 54th Signal Battalion in Vietnam, Commander of the 51st Signal Battalion in Korea and Commander of the 1st Signal Brigade in Georgia. For his service in Vietnam, Tom was awarded the Bronze Star and two Air Medals.

Tom’s military non-troop assignments included teaching advanced Electrical Engineering courses at West Point, Deputy Chief of the Switching Division and Executive Officer for the Defense Communications Engineering Office of the Defense Communications Agency, Chief of Tactical Satellites, Satellite Branch of J-6 in the Office of the Joint Chiefs of Staff, Chief of the Satellite Branch of the NATO Integrated Communications System Management Agency, Chief of the Long Range Plans Branch of the NATO Integrated Communications System Management Agency and the U. S. Army’s Training & Doctrine Command’s System Manager for Tactical Automatic Switching.

After retiring from the Army in 1982, Tom became the Director of Engineering, and three years later a partner, in the legal & technology firm now known as Lukas, Nace, Gutierrez & Sachs with site and system responsibilities for cellular, microwave, paging, radiotelephone and specialized mobile radio. Tom coordinated and supervised the design and construction of the initial cellular systems in more than 10 percent of the 734 U. S. cellular markets. While severing in this capacity, Tom was a licensed Professional Engineer (Electrical Engineering) and a Senior Member of the Institute of Electrical and Electronic Engineers.

The results of Tom’s research while at MIT 1961 – 1963, entitled “Error Statistics with Optimum Pulse Position Modulation,” is Reference 1 in the text “Principles of Communication Engineering” by John M. Wozencraft and Irwin Mark Jacobs. Tom’s publications include “Rolling Out PCS Service,” America’s Network, August 1995; “PCS Q&A,” Cellular Business, May 1994; “Special RSA Highway Cells,” Cellular Business, September 1988; “New Rules for Microwave Radio,” Mobile Communications Business, November 1987; “Cellular Business Expanding Fast,” Washington Technology, October 1987; “An Introduction to RSAs,” Cellular Business, January 1987; and “RSA Design and Construction,” Cellular Business, January 1987.

COLStanCassCOL (Ret.) Stan Cass is a retired career Army officer and operates Cass Farms Co. at Briggsdale with his son, Randy, and his family. He attended Colorado A&M for two years before going to the U.S. Military Academy at West Point, NY. He graduated from there in 1957 and later received a BS and MS in Meteorology from Texas A&M. He also attended numerous schools as an Army aviator, including the Army Project Management School, Command and General Staff College, and Army War College.

He was decorated for both valorous and meritorious service. He received the Legion of Merit, with Oak Leaf Cluster; the Distinguished Flying Cross, with Oak Leaf Cluster; the Bronze Star Medal, with Oak Leaf Cluster; the Meritorious Service Medal, and twenty-six Air Medals. He was a Master Army Aviator with approximately 6,000 hours of flying time, in both helicopters and fixed wing aircraft.

Prior to retirement from the Army in 1986, with 29+ years of service, he had most recently been the Project Manager for development of the Hellfire Missile System, a multi-service weapon now extensively used in Iraq, etc. Prior to that he had numerous tours in the States including Ft. Rucker Aviation Center and seven years in the Pentagon; three years in France and Germany; and two tours in Vietnam, the last being Commander of the 11th Combat Aviation Group.

Since retirement he has lived in Ault, CO, and now Eaton, with his wife, and has been farming/ranching at Briggsdale. He also has married daughters living in Florida, Pennsylvania and Massachusetts. As an active Mason and Shriner, he is a member of Occidental Lodge #20, AF&AM, and is Past Master three times. He is a life member of the VFW; a member of the American Legion; and is past President of the Northern Colorado Military Officers Association. As a co-chairman of the Weld County Veterans Memorial Committee, he played a significant role in getting a Veterans Memorial built in Greeley, that has become a standard for other cities/towns.

He served a total of seven years as a Trustee and Mayor Pro-Tem of Ault, and almost three years as Mayor; has been Secretary/Treasurer and Vice President of the West Greeley Conservation District Board for twenty four years; was president of Colorado Tillage Association; and was president of Ault Sertoma as well as District Governor of a three state area. He recently served as chairman of the Board of the Community Foundation serving Greeley and Weld County, and is Vice President of Legacy Land Trust in Fort Collins. In late 2011 he was inducted into the Colorado Conservation Hall of Fame. In 2008, he founded the Honor Flight of Northern Colorado that has so far enabled over 1,600 WWII, Korea, and Vietnam Veterans to see their Memorials in Washington, D.C.

BobSmithRear Adm. (USN Ret.) Bob Smith earned a Masters in Aerospace Engineering and is a decorated Combat Fighter Pilot with 132 missions flown in Korea, as well as being a candidate for the Apollo Program. His design and production experience include being the Chief Project Engineer for the F-8 Crusader Airplane Programs; and Program Director of A-7 Corsair II airplanes [both for LTV (formerly Chance Vought) Company]; and Project Director of the B-2 Bomber program.

Bob is also well known in the Electric Vehicle EV industry, having worked with GM, Ford, and the Electric Vehicle of America Association. Bob is currently the Chairman of the Board of Directors of EV Tech Inc. and his experience includes, Vice President-Engineering and Marketing for Turbomeco Engine Corporation; Vice President-Engineering for Electrical Vehicle Power, and Executive Director of the Central Electric Power Coalition, a non- profit made up of electric utilities, Universities e.g. Texas A&M and Oklahoma University, and commercial companies, that promote Electric Vehicles.

 

MauriceGauntt

The Turner Maurice Gauntt, Jr. Exemplary Citizen Award

This $4,540 scholarship is awarded annually by an esteemed panel of judges through Constituting America. The scholarship is named for Turner Maurice Gauntt, Jr. the father of Constituting America’s Founder, Janine Turner. Turner Maurice “Tex” Gauntt, Jr. was born in Dallas, TX, the son of Turner Maurice Gauntt, Sr. and Marguerite McKinzie Gauntt. He graduated from Athens High School where he excelled academically and athletically. His accomplishments included National Honor Society, President of the Key Club, Captain of All-District Football and Basketball teams, Captain of the Athletic Assciation, Babe Ruth Sportsmanship Award, President of the Senior Class, and Most Handsome. He was considered one of Texas’ best high school quarterbacks. His outstanding record led to an appointment to West Point by Congressman John Dowdy of the 7th District of Texas.

During cow year at West Point, Tex roomed with Bruce Turnbull and “Andy” Andrews. Having attended college for two years and the USMA Preparatory School before joining our class, Andy excelled at academics. He was famous for retiring early and then maxing the next day’s classes! After lights out, Tex and Bruce studied by flashlights under their Red Boys. Bruce recalls that at the reveille cannon blast, Andy would shoot out of bed, switch on the sink light, and sing as he shaved. Meanwhile Tex and Bruce yearned for peace and quiet. A trip to Hoffman’s Hardware in Highland Falls resulted in the purchase of a camera flash bulb which was screwed into the sink light fixture. The next morning when Andy hit the light switch, the flash bulb exploded in a blinding flash. Andy reeled backwards crashing over chairs and desks. So ended Andy’s early morning antics.

Firstie-year Tex was selected as Company Commander of I-1. This came as no surprise to those who knew him. He was greatly respected and admired. His leadership qualities were evident from his first days at West Point. Under his leadership the company was awarded the Trill Prize for Best Company and two drill streamers.

Tex roomed with Jack Apperson, the Company Executive Officer, and Dana Mead, the Battalion Commander. Jack recalls Tex doing vertical pushups by standing on his hands, feet straight up, back against the wall, pushing up from the floor.

Before Graduation Parade, rumors circulated about our class running, instead of marching, to join the reviewing party. In 1957 the reviewing party included General Maxwell D. Taylor ’22, then Chief of Staff, United States Army, in addition to the Superintendent and the Commandant of Cadets. At the command for the graduating class to march forward, a rebel yell erupted from H-1’s Rabble Rousing Carl Burgdorf. He pulled out a hidden Confederate Flag and took of running like a jack rabbit. Despite I-1’s proximity to running companies on both flanks. I-1’s firsties marched on, not missing a drum bet, mainly because their leader, Tex, was having none of the rabble running.

Instead he led the company with back straight, chin set, and eyes forward. Both Jack Apperson and Tom Adcock recall Tex turning his head slightly to his right and commanding. “Don’t run, don’t run!” Of the 24 cadet companies all but four ran. The runners soon learned that they would spend major parts of their final cadet days confined to their rooms.

Tex was commissioned in the Air Force. His first training was at Hondo Air Base. While there he met Janice Agee who was attending Trinity University in San Antonio. They were married on Dec. 22, 1957. Tex was assigned to the Strategic Air Command and was selected to pilot the revolutionary, delta-winged B-58 Hustler. This bomber was capable of flying at Mach 2 (twice the speed of sound). B-58 crews were elite, hand-picked from other SAC bomber squadrons. Tex became SAC’s youngest B-58 squadron commander.

In 1965 an in-flight emergency occurred on Tex’s B-58 as an engine caught fire during a training flight over Arkansas. He ordered his two crewmen to bail out and received permission to land his aircraft. He was able to land his B-58 safely despite the engine fire. Unfortunately a heart arrhythmia was found during a post-incident physical exam. He was told he could never return to Air Force flight status, which was a huge disappointment.

Tex telephoned close friend and classmate Stan Cass to transfer to Army Aviation, but before the transfer began, Braniff Airlines made Tex an offer too good to refuse. The couple returned to Texas where Tex joined Braniff and in time moved into the captain’s seat. His career with Braniff was a grand one until Braniff went out of business in 1992. In keeping with his love of flying, Tex became an instructor with High Power Aviation in Grand Prairie until 2012. In 2006 he received the Wright Brothers “Master Pilot” Award from the Federal Aviation Administration. He also flew for Conoco Phillips, flying to and from the north shore of Alaska. In 2012 he was presented an award for Leadership, Professionalism, and Exemplary Contribution.

Tex also became a Real Estate Broker and opened his first office with wife Janice in 1968. He created Texas’ first real-estate franchise. This award-winning company later became Century 21 Lake Country at Eagle Mountain Lake. It and a second office in Colleyville are now owned by son Tim.

Tex’s love for flying was exceeded only by his love for his family. He was proud of them and almost any conversation quickly turned to his wife, children, and grandchildren, and their many successes. He was survived by wife Janice, his son Tim and Tim’s wife Roslyn Gauntt, his daughter, actress Janine Turner (Gauntt), and grandchil- dren Tiffany Gauntt, Turner M. Gauntt IV, Bobby Gauntt, and Juliette Turner. His family loved and adored him and wishes him blue skies and tailwinds forever.

Turner Gauntt always believed that we are blessed to live as citizens of the United States. He loved our country and was willing to sacrifice for her. He was an inspiration by encouraging others to study history, to value lessons learned from both history and great patriots, and to be of service to others. He valued our country’s founding principles and our founding fathers’ wisdom. This award recognizes a recent high school graduate whose character mirrors these values.

This year, our Exemplary Citizen Award winner is Austin Dobbs, a freshman at Baylor University.

AustinDobbsAustin Dobbs is a remarkable young man whose high school attributes, achieve ments and character mirror those of Turner Maurice Gauntt, Jr.’s. Dobbs was Valedictorian of his graduating class from Quitman High School in Quitman, Texas with a 5.4 grade point average. He was Captain of the football team and Captain of the track team. He received All-District Honors for his positions as wide receiver and defensive back and was named First Team Academic All-State as well as serving as Treasurer and Vice President of the Fellowship of Christian Athletes. Academically, in addition to being Valedictorian, he was President of the National Honor Society, President of the Debate Club, Student Council Vice-President and Senior Class President. He was a State Qualifying Debater for his junior and senior seasons, deemed as one of the top five debaters in the state of Texas and was the State Silver Gavel winner as 2nd in the State of Texas 2013. He received countless academic and character awards within his community. His church and community ser- vice is astonishing with 775 hours served, which includes Program Director of DASH – Drugs, Alcohol, Safety, and Health.

Dobbs is a freshman at Baylor University as a pre-law student pursuing political science as his major. After completion of his undergraduate degree, he anticipates joining what he believes to be one of the greatest branches of our military – the JAG program – because, in Austin Dobb’s words, “everything in this world must be earned and I am intrinsically inclined to repay the world for the countless opportunities with which I have been presented.” He lives by his mother’s motto “ To whom much is given, much is required”. Constituting America, Janine Turner (Gauntt) and the Gauntt Family are proud to present Austin Dobbs with this award in Turner Maurice Gauntt, Jr.’s name.

AustinWithColCass

Constituting America’s First Annual Harold Simmons Award for Excellence in Constitutional Teaching

HaroldSimmonsHarold Simmons was a remarkable, generous, and gifted man who exemplified the American Dream. Mr. Simmons’ first job was as an investigator for the U.S. Civil Service Commission, then as an Assistant Bank Examiner at the Federal Deposit Insurance Corporation and an assistant loan officer at Republic National Bank. After five years, he decided he would rather work for himself. So at age 29, Harold became an entrepreneur when he purchased a small drugstore near SMU in Dallas. He ultimately built a chain of 100 drugstores. His combina- tion of value investing philosophy and conservative financial discipline, combined to create a diversified portfolio that grew substantially over the course of his career. Mr. Simmons was

actively involved in philanthropy with his wife, Annette, and served on various honorary and executive boards. Mr. Simmons also received several local awards for his unwavering support and involvement with Dallas- based charities. Harold Simmons was a man of few words but giant actions. He once said, “Life has been good to me, and I want to be good to life.” This philosophy led to the establishment of The Harold Simmons Foundation in 1988. The Foundation focuses on education, health care, social welfare, civic improvement, and the arts.

Constituting America’s First Annual Harold Simmons Award for Excellence in Constitutional Teaching recognizes a teacher who has demonstrated leadership in her field and innovative ways to educate her students, in the spirit of Harold Simmons who believed that quality education was essential to success in life.

BeverlyZearleyOur first annual teacher award winner is Beverly Zearley. Beverly is an enthusiastic elementary school music teacher whose passion is to instill a love for the United States along with a love for music in her students. Believing she was born with patriotism, as a child Beverly would stop whatever she was doing and put her hand over her heart whenever she heard the National Anthem. She has integrated teaching the National Anthem and the Constitution to her 1st – 5th graders into her elementary vocal music curriculum. Because of her dedication, Paramount Terrace Elementary has been a “National Anthem Project All Star School” from 2006 to the present. Beverly organizes an annual program where students and parents gather around the flagpole so students can share what they have learned about the National Anthem and the Constitution.

 

It is no surprise that in 2012 Beverly was selected to represent her campus as Teacher of the Year and was chosen as a finalist for Amarillo ISD’s Teacher of the Year award. With 23 years of teaching experience, Beverly loves keeping in touch with former students and is currently teaching the children of two former students. Beverly maintains a bulletin board each year in the hallway outside her classroom where she posts newspaper clippings and articles about ex-Paramount Terrace Elementary students. In 2010, Beverly helped organize “Madison’s Bash,” a fundraising event to help a former student battling a rare throat cancer, and Beverly continues to help fundraise for childhood cancer in memory of Madison.

BeverlyZearley

Beverly loves traveling, especially when it involves camping with her family in New Mexico and Colorado. She has traveled to Chiang Mai, Thailand as an adult sponsor for a mission trip, and in 2010 she had the privilege to travel to Spain as a sponsor with the Amarillo Girl Concert Choir. Beverly served on the Board of Directors for the Amarillo Youth Choir from 2007-2012. Beverly has attended the same church all of her life and enjoys teaching middle school girls and singing on the Praise Team and in the choir. She has served on The Church at Quail Creek’s women’s ministry since 2010 and has taught Sunday School for sixteen years. Beverly is a graduate of West Texas A & M University. She has been married to Vernon for 24 years and is the proud mother of two daughters, Ashleigh, age 20 and Andrea, age 16.

 

We wish to thank our very generous sponsors:

Host Committee:

Amway

Signer:

AT&T Hodges Capital Holly and Phillip Huffines Babes Chicken Dinner House Restaurants and the Vinyard Family

Patriot:

Harold Collum Denise and David Fuller Buck Howard Bruce Leadbetter Lockheed Martin Mary Kay Cosmetics Darlene and Ron Mead Linda and Bob Moak Elise and Jeff Pistor Dennis Stephens/Ben Leman

We wish to thank the following for their generous donation of goods or services:

Babes Chicken Dinner House Restaurants – Dinner Discounts (www.BabesChicken.com) Zonderkidz/Blink Publishing – “Our Constitution Rocks!” by Juliette Turner Dunham Boooks – “A Little Bit Vulnerable” by Janine Turner Kroger Company – Beer, Wine and Flowers (www.Kroger.com)

Mary Kay Cosmetics – Gift Bags (www.MaryKay.com) Don Nabb and DRN Productions – VIP Reception (www.DRNShowBusiness.com) The 440 Alliance Cello Quartet – Musical Performance (www.The440Alliance.com) Foundation Sound and Video – Video, Lighting, and Sound (www.Foundation-Studios.com)

Honorary Event Co-Chairs:

George P. Bush William S. Davis COL (USA Ret) Thomas G. Adcock COL (USA Ret) Stan Cass RADM Robert L. Smith, USN (Ret.). The Honorable John Cornyn The Honorable Joe Barton The Honorable Michael Burgess The Honorable Bill Flores The Honorable Sam Johnson The Honorable Steve Stockman The Honorable Ken Paxton The Honorable Patrick Fallon The Honorable Jeff Leach The Honorable Scott Sanford State Rep-Elect Matt Shaheen The Honorable Patricia “Pat” Hardy The Honorable Geraldine “Tincy” Miller

Event Co-Chairs:

Harold Collum Denise and David Fuller Janice Gauntt Freddie and Don Hodges Holly and Phillip Huffines Judi and Gary Martin Kit and Charlie Moncrief Elise and Jeff Pistor Jocelyn White The Vinyard Family(Babes Chicken Dinner House Restaurants)

*Listing as of September 8, 2014

Robin Jackson Photography: CA Store: Sherry Watters Dunham Boooks Zonderkidz/Blink

Pam Barrett

Janine Turner

Frankie V’s Kitchen

Cher McCoy

Jerriann Massey

Cathy Gillespie

Janine Turner

Amanda Hughes

Janine Turner

Mary Helen

Jerriann Massey

Richard Hopkins (Bedford Gold and Silver)

The Brick Saloon, Roslyn, WA. (Diner from Where Northern Exposure)

Laurie Cockrell Holly Haas-Black Amazing Lash Studio Janine Turner Constituting America Janine Turner Cathy Thorogood

*Listing as of September 8, 2014

$500 Portrait Package & display board Armful of Gifts 2 Hand Painted Wine Glasses $80 value “Holding Her Head High”, Autographed Juliette Turner, “Our Presidents Rock”

2 Constitution Quest Games & display board Large Wood Cross from Janine’s Ranch Gift Basket 2 Hours of Animal Training / Coaching Patriotic Quilt

1776 Movie and Illustrated Book Duo Northern Exposure Complete Set DVDs Patriotic Pillow Special Occasion Call & Display Board Animal Communication & Display Board 2 nights at Hidden Star Retreat for 12 Guests + Amenities Loose gem. 19k Ametrine

Tickets, T shirt & Cap

3 Books Golf Lessons – Golf Links Full Set of Eye Lash Extensions Creative Works (Books, Moves, CD’s, DVD’s etc) Complete Set of CA’s Documentaries and 90 Day Studies Keynote Speaker on Behalf of Constituting America Cake

SEPT. 2014 GALA AUCTION DONATIONS:

Marilyn Hoffman

Claffey Pools Fort Worth Opera TinasPilotShop.com / MarcAir TalionFirearms.com, LLC President George H. W. Bush Doro Bush Koch *Listing as of September 8, 2014

Horse and a 7 night trip to Kentucky for the races with deluxe acomodations in a private villa in the Griffin Gate Resort with a spa package, a dining package and a golf package during the Keeneland race season 2014-15.

Poolside Basket Ball Game Tickets for 2 to Performance of Hamlet Flight Training & Flight Bag AR-15 Range Time / Instruction with Janine Turner Presidential Socks “My Father, My President”, by Doro Bush Koch

For More Information:

Mail:

Constituting America Janine Turner & Cathy Gillespie P.O. Box 1988 Colleyville, Texas 76034

Phone: 1-888-YES-0917

E-Mail:

ConstitutingAmerica1787@yahoo.com – General Inquiries WeThePeople917@yahoo.com – Contest Inquiries 

SAVE THE DATE: SEPTEMBER 17, 2014 FOR CONSTITUTION DAY!

ATTN: TEACHERS OF BAND, FILM, ENGLISH, DRAMA, HISTORY, DEBATE & SPEECH! We want to LAUNCH CAREERS in FILM, MUSIC, JOURNALISM & GOVT.SERVICE! with non-partisan Constitutional Fortitude

Constituting America’s 2014 We the Future Contest entry deadline has been extended to September 17, 2014! There is still time for your K-12 students (and any college, graduate or law school students, as well as adults & seniors!) to win prizes, scholarships, and exciting mentoring trips through this fun and engaging contest that helps students learn about the U.S. Constitution in a non-partisan way. Simply visit http://www.constitutingamerica.org/downloads.php to read the rules and information, and share with your students.

High school winners receive $1,000 prizes to be used for their college education. Younger Students win gift cards, and all win national exposure on our website! Song winners will win a mentoring trip to Nashville where they will get their music video produced & song professionally recorded! Short film winners travel to Hollywood to meet actors such as Gary Sinise (Forrest Gump/CSI New York) & others in the industry and watch a TV show or movie being filmed, and PSA, essay and speech winners travel to Washington, DC where Brit Hume, Bret Baier and other DC insiders will spend time with them as mentors! All mentoring trip participants will dine with a constitutional scholar!

Did you know…All schools receiving federal funds are required to hold an educational program on the U.S. Constitution on September 17th each year?

Mark your calendars for September 17, 2014: Constitution Day!!
To help you fulfill this requirement, Constituting America is offering two exciting programs:

1. Book a Q&A “Skype Session” with one of our student contest winners. Kids teaching kids about the U.S. Constitution! Go to this link: http://www.constitutingamerica.org/winners2013.php to view short 2 minute clips of our winners & their winning works! Choose one of our winners to spend time with your class, in a Q&A Skype session (tailored in length and content to your lesson plan and goals) on the Constitution and it’s relevancy today!

2. Exciting, NEW Interactive School Speaker Series for 2014. Interactive Constitution: LIVE is an interactive speaker series featuring representatives of the federal executive, legislative & judicial branches in the fall, and state and local officials in the spring! The branches of government outlined in the Constitution will come alive for your students through this non-partisan, educational, interactive series! Book your school now! Email: constitutingamerica@yahoo.com to book and for more information.

We founded Constituting America because the arts are so pivotal in our lives. Our goal is to utilize the culture and multi-media outreach such as music, film, internet and social media to reach, educate, and inform America’s adults and students about the importance of the U.S. Constitution and the foundation it sets forth regarding our freedoms and rights. Participating in the We the Future contest will help your students do just that. We hope you will spread the word re: the availability of these free educational resources.

Please contact Cathy Gillespie at (202) 255-0101 or email constitutingamerica@yahoo.com for more info!

Sincerely,

Janine Turner
Actress, Northern Exposure
Founder & Co-Chair

Cathy Gillespie
Co-Chair

Constituting America’s Mission

Constituting America’s mission is to utilize the culture and multi-media outreach such as music, film, internet, and social media to reach, educate, and inform America’s adults and students about the importance of the U.S. Constitution and the foundation it sets forth regarding our freedoms and rights. Our multi-tiered approach features a contest for kids, academic forums with Constitutional Scholars, School Speaking Initiative, Patriot Clubs, and National Youth Director Juliette Turner’s book, Our Constitution Rocks, and forthcoming September 2014, Our Presidents Rock.

We are the only organization that utilizes the arts & culture to inspire Americans of all ages to learn about the U.S. Constitution

Our Programs

We the Future Contest – a nationwide contest where students from kindergarten through law school and adults and seniors submit original songs, short films, public service announcements, speeches, drawings, essays, and poems about what the Constitution means to them. Entries are judged by an esteemed panel and through social media, and winners in each category are awarded prizes including $1,000 for high school winners, $2,000 for college, law & grad school winners, gift cards for younger winners, mentoring trips and national publicity. (This year’s entries are due August 15, 2014 – go to http://www.constitutingamerica.org/downloads.php for more rules and information.)

EXCITING NEW INTERACTIVE SCHOOL SPEAKER SERIES FOR 2014: An interactive school speaker series featuring representatives of the federal executive, legislative & judicial branches in the fall, and state and local officials in the spring! The branches of government outlined in the Constitution will come alive for your students through this non-partisan, educational, interactive series! Book your school now! Email: constitutingamerica@yahoo.com for more information.

Our 90-Day Studies of founding documents: The Relevancy of the Federalist Papers; The U.S. Constitution; The Amendments and the Classics That Inspired the Constitution are archived and searchable on our website. Explore original documents as well as 530 essays by 85 constitutional scholars: essays on every Federalist Paper; clauses and sections of the U.S. Constitution and the Amendments, and the classic works spanning centuries that shaped our U.S. Constitution. Access the search box and drop down menu from the front page of our website: constitutingamerica.org

Scholar Speaker Series – NEW for 2014: A Speaker Series featuring our Constitutional Scholars from our 90 Day Studies! Stay tuned for details!

Book a Q&A Skype Session with Our Winners – What is more powerful and entertaining than kids teaching kids about the U.S. Constitution? We will schedule one of our talented contest winners to “skype” into your classroom on a mutually agreeable day and time to share their winning work with your class, in a Q&A session on the U.S. Constitution and its relevancy today. The session can be tailored in length and content to your lesson plan and goals.

Patriot Clubs – organizations we help form at the local level to encourage people of all ages to learn about the Constitution: http://www.constitutingamerica.org/patriotstart.php We have over 30 active Patriot Clubs across the Nation, both in schools, and in communities.

DOWNLOAD THE IMPACT STATEMENT HERE

OUR MISSION

Constituting America’s mission is to utilize the culture and multi-media outreach such as

music, film, internet, and social media to reach, educate and inform America’s adults and students about the importance of the U.S. Constitution and the foundation it sets forth regarding our freedoms and rights.

Our multi-tiered approach features a contest for kids, academic forums with Constitutional Scholars, the George Washington – We Are All Americans School Speaking Program, and Patriot Clubs. National Youth Director Juliette Turner engages youth across America with her book, Our Constitution Rocks, speeches, videos and media interviews!

We are the only organization that utilizes the arts and culture to inspire adults and students to learn about the U.S. Constitution!

OUR GOALS

  • ENGAGE ADULTS AND YOUTH THROUGH MEDIA THEY ENJOY & UTILIZE EVERY DAY
  • MAKE IT “COOL” TO CARE ABOUT THE CONSTITUTION BY HAVING KIDS (OUR WINNERS) TEACH KIDS AND PROMOTE OUR FOUNDING VALUES
  • PROVIDE TEACHERS WITH   DOCUMENTARIES, MUSIC VIDEOS, AND CLIPS: RESOURCES ABOUT KIDS MADE BY KIDS
  • HELP EDUCATE PARENTS, WHO ARE THEIR CHILDREN’S BEST TEACHERS, WITH CONSTITUTIONALLY ACADEMIC PAPERS, MP3’S AND VIDEOS

OUR IMPACT

1,199,448 Website Page Views To Date!

DOWNLOAD THE IMPACT STATEMENT HERE

Positively impacting the Culture

We The Future Contest

  • Over 1200 Song, Short Film, PSA, Artwork, Poetry, Speech, Essay Contest Entries from 47 States
  • 51 Contest Winners from 22 States
  • $48,000 in scholarship funds awarded
  • 4 trips to Philadelphia with 16 kids plus a parent for 3 days of history, education
  • & performances of their winning works
  • 4 private tours of Independence Hall
  • 4 performances at the National Constitution Center
  • 223,959 Hits on Youtube & Vimeo from our Contest Entries, Documentaries & Videos
  • Over 20,000 Documentaries distributed to schools across the country

In our Winners’ Words

  • “The whole experience has been amazing to me because I have been able to learn more about the Constitution than I could in just the regular classroom setting. I hope more people participate in this because even if you don’t get chosen, you learn a lot just by trying to enter the contest,” Kenthia Farmer, Tennessee, Best College Short Film Winner.
  • “The whole trip’s been incredible and it’s only been a day,” Annie Nirschel, Best High School Song Winner.
  • “I don’t want to leave. I am sad. I am so sad. I don’t want to get on that plane! I’m hoping I miss my flight so I can stay an extra day. I loved it. Everything was great!  Yesterday (the first day of the trip) was one of the best days of my life. That was a good day. Everything… It was awesome!” Colton Hinderliter, Best High School Short Film Winner.

DOWNLOAD THE IMPACT STATEMENT HERE

Winner Promotions

Our winners’ Public Service Announcements are playing on the following Television Stations:

  • Amarillo (KAMR)

  • Austin (KXAN)
  • El Paso (KTSM)
  • El Paso (KVIA)
  • College Station (KAGS)
  • Waco (KWKT)
  • El Paso (KFOX)
  • Houston (KHOU)
  • El Paso (KDBC)

We submit our winners’ films to film festivals

In 2014 The Palm Beach International Film Festival featured Chasity Cagle’s Winning film & the Tupelo Film Festival is featured Constituting America’s RoadTrip Documentary

We have also submitted our winners’ films to over 50 festivals including:

  • Seattle True Independent Film Festival (STIFF)
  • Teen Truth Film Festival
  • Teen Truth Film Festival
  • Atlanta Film Festival

Our winners have performed at:

  • The National Constitution Center (four years in a row)
  • In front of Independence Hall
  • On the Mike Huckabee radio show
  • On Nashville’s WSM, the station of the Grand Ole Opry &
  • Attended parties at the home of country musician, John Rich
  • At the U.S. Congressional Baseball Game
  • At the Susan B. Anthony Gala in Washington, DC
  • At the Colorado Freedom Festival
  • At the Mansfield, Ohio Central Park Gazebo event
  • At Rotary Events in several states
  • At our Dallas & Stamford Connecticut Constituting America Premieres
  • At our Constituting America Constitutional Champion Gala
  • At a Nashville event featuring female Governors & State Legislators from across the country
  • New Horizons of Southwest Florida (helping at-risk children & teens)

In addition, our winners have

  • Appeared on Fox & Friends
  • Spoken to their schools & school board
  • Participated in Veterans Day Programs
  • Manned booths at school district festivals
  • Recorded podcasts for our 90 Day Studies
  • Been featured in radio, magazine and newspaper stories across the country
  • In our Winners’ words:
    • “Being a musician, any time I can perform in front of an audience, it’s a great experience professionally and Constituting America has given me great audiences to perform for. Constituting America has completely opened up doors. Here in Nashville I got to perform my winning song for a group of female legislators.  Jo Dee Messina, a country star, was there as well some faculty members from Bellmont.  I also got to sing the national anthem for the Congressional Baseball Game. So, I was able to perform for some leaders in the government as well as leaders in the music industry. That was amazing,” Kori Caswell, Missouri, Best College Song Winner
    • “After the trip, actually, Governor Mike Huckabee invited me to appear on his show. Appearing on national television made me feel like I could do anything. It’s experiences like that that make me fall in love with performing and with what I do. Being a part of Constituting America inspired and has continued to inspire me to chase after my dreams and to, in turn, set an example for my generation in the hope that they will dothe same (with the knowledge of all their rights and freedoms here in America)!” Emily Keener, Ohio, Best Middle School Song Winner
    •  “Working with Janine Turner and seeing her passion and energy for the Constitution really inspired me to make a difference in the world and it definitely influenced my career goals,” Natalie Cuzmenco, North Carolina, Best College Short Film Winner.

DOWNLOAD THE IMPACT STATEMENT HERE

Resources for Schools and families

  • The George Washington “We Are All Americans” Speakers’ Initiative Constituting America Founder & Co-Chair Janine has spoken to thousands of students, adults and seniors at schools, community events and senior citizens centers in Texas and across the country.
  • Our Constitution Rocks Book Distribution to SchoolsThis summer, 2014, we are providing over 1400 copies of Constituting America National Youth Director, Juliette Turner’s book, Our Constitution Rocks, to teachers who have pledged to use the book in their classrooms.  Schools are located primarily in Texas in such areas as: Mission, Laredo, Humble, Presidio, Amarillo, Live Oak, El Paso & Liberty. We are also shipping to a Philadelphia school & Virginia Beach school!
  • We the People 9.17 DocumentariesProduced and directed three documentaries available for viewing or download on the Constituting America website and mailed in hardcopy to schools across the country.
    • 20,000 copies provided to schools
    • Over 90,000 plays on Vimeo & Youtube
    • Premiered in movie theaters in Dallas, Texas & Stamford, Connecticut
    • In the Teachers’ words:
      •  “Please send (9) additional copies of “The Constitution-Reality Show Style” to: Everman Independent School District,” Thank you, Marci Jones. “Could I please have a copy of the 40 minute “We the People 9.17 Documentary: The Constitution, Reality Style.” I would like to show it to my second grade students,” Thank You, Kathy Williams.
      •  “I would like a copy of the DVD, “We the People 9.17 Documentary: The Constitution, Reality show Style”. I am the Principal of a School of Choice in Marble Falls, Texas. Thank you for helping us with a Constitution program and the opportunity for some of our students to check into this years contest,” Peggy Little, Principal, FCHS.

National Youth Director Juliette Turner’s Youth Outreach

  • Juliette’s best-selling book, Our Constitution Rocks, hit the shelves in August 2012 and is already in its second printing with over 20,000 copies sold!
  • Thanks to the generosity of Mr. Bill Davis and Congressman Michael McCaul, one copy distributed to every member of Congress prior to Constitution Day 9-17-13. Mr. Davis has also made over 1,000 copies of the book available to students and teachers involved in the Bill of Rights Institute programs and training.
  • Over 800 copies of “Our Constitution Rocks,” have been given away to students as finalist prizes in our “We The Future” contest!
  • Juliette is the youngest author ever to address Mt. Vernon, at the George Washington Symposium & Juliette was one of four featured authors at the 2013 Dallas Celebration of Reading (along with Senator Kay Bailey Hutchison, Mark Shriver & ABC’s Byron Pitts.
  • Juliette’s Constituting America videos have over 50,000 views on YouTube & Vimeo

We Attend Educator Conferences Across the Country to Distribute Our Resources Directly to Teachers

  • Since 2011 Constituting America has attended 24 different educator conferences & grassroots conventions in 12 different states, adding 6,274 educators to our mailing list from these conventions.

DOWNLOAD THE IMPACT STATEMENT HERE

For Adults

Archives & Blog – Annual 90 Day Studies

  • 2013 – The Classics That Inspired the Constitution & The Challenges It Faces Today
  • 2012 – Analyzing The Amendments
  • 2011 – The Constitution
  • 2010 – Relevancy of the Federalist Papers
    • 523 Essays from 85 Constitutional Scholars
    • 2,022 comments from Citizens across the Nation
    • 1,664 plays of 2013 90 Day Study Essays on MP3 (Soundcloud)
    • 8,138 plays of 2012 90 Day Study Videos on Vimeo
    • In the Study Participants’ words:
      • “I was so excited to hear about this educational 90 day project. I’ve been with you since the first one with the Federalist Papers and I have learned SO much! Thank you, Thank you, for this wonderful project and opportunity to learn even more about what the history of our Great Nation. I tell everyone I know about this site. Blessing to you both, Janine and Cathie for this, and I can’t wait to come here every day to learn more,” Barb.
      • “Janine & Cathy, thanks for continuing this important educational program. I’m looking forward to deepening my understanding our history and, hopefully, being able to pass on what I learn to others,” Ron.
      • “At the end of another chapter in your valuable work, those of us who have followed Constituting America from the beginning hope that you will continue to provide instructional material for those of us who were not properly instructed in school. Personally, I hope that you can develop [sic] a method of improving the classroom material available to teacher[s] in our school system. May God Bless you,” Jim.

 

  • Our We The People 9.17 Contest is open to adults! Last year, Constituting America launched a new category for adults 65+ to participate in our “We The Future” contest.
    • This year’s best short film winner in the adult category interviewed 55 friends about the U.S. Constitution and started a dialogue that is still ongoing
    • Our fist senior winner is an active 82 year-old from Colorado!
    • American House Senior Living Communities sponsored the Senior Essay portion of our contest, and invited all their residents and the American Association of Mature Citizens (AMAC) promoted our contest to thousands of their members

For All Ages

Patriot Clubs

20 Active Patriot Clubs Across the Nation

  • “I would think that our family always knew about the Constitution and the Bill of Rights, but in studying it in depth has made a huge difference for all of us and our appreciation for the sacrifices and increased our love of this country even more. My biggest takeaway would be the inspiration to carry it to the next level which included homeschooling Halley for two years and steeped in a US history curriculum. It’s been a fun ride. Thank you CA,” Linda Moak, Colorado, Patriot Club Leader.

Consult Our Scholars

  • 85 Constitutional Scholars published on our website available for interviews, questions and speeches

Constituting America Utilizes Social Media to communicate with teachers, parents, citizens and students: 1,752 Twitter followers; 63,714 Facebook fans

DOWNLOAD THE IMPACT STATEMENT HERE

THE IMPACT CONTINUES

  • “College age is the age where a lot of people are voting for the first time… A lot of young people really don’t understand why they are voting or what they are voting for. They just know the Presidential election and there is a lot more to it. I think you have to understand the basic Constitution first before you can just go ahead and just start voting for people, because I think we just vote in our age group and not necessarily know exactly what it is that we are voting for, voting about,”
    ~Kenthia Farmer, Tennessee, Best College Short Film Winner.
  • “I’ve had so much support from Cathy and Janine at Constituting America. They really are invested in the kids that go through this program,”
    ~ Kori Caswell, Missouri, Best College Song Winner, 2012.
  • “The scholarship I received from Constituting America is allowing me to study abroad this coming spring.  Travelling abroad will be an opportunity to see the United States from a global perspective– a perspective which I believe is vital to a full understanding of our Constitution,”
    ~ Hannah Leffingwell, Colorado, Best High School Essay Winner.
  • “Since winning the contest, I have gone on to do a number of other things with CA. One of the biggest things was recording three podcasts for their 90 essays in 90 days.  I got to talk to a Cicero scholar over the phone, and that was really interesting because half the time he was speaking in Italian, and I had to ask him a lot of different questions about Italian words and how to say them. So the whole experience was learning experience and a fun one as well.  Then I’ve also gone on to do Janine Turner’s radio show a couple of times and that’s always a lot of fun,”
    ~ Colton Hinderliter, Georgia, Best High School Short Film & PSA Winner
  • “Well, when I came back from Philadelphia, I made a scrapbook.  I took my scrapbook to school and I encouraged all my friends to enter the CA contest,”
    ~ Myra Vicchrilli, Colorado, Best Poem Winner K-2.
  • “Participating in this contest has helped me learn more about the Constitution. Because I wanted to learn and study about the Constitution so my poem would be accurate for the contest.  And I needed to study for some questions that CA sent us that they would ask us in Philadelphia.  After visiting Philadelphia, I was encouraged to enter again because of how much fun it was and how important it was.  So then I studied and learned even more,”
    ~Bethany Cooksey, Oregon, Best Poem Winner
  • “The entire CA experience, I think, helped me become a more informed citizen.  We hear a lot  about our liberties and our freedoms, especially in the context of what’s going on right now.  You know the electronic surveillance.  Because of my experience with CA, it’s helped me become a more civically aware individual and know my rights, know the extent of the government’s power,”
    ~Joseph Valencia, Colorado, Best Middle School Song Winner
  • “Her (Sadie’s) experience with ya’ll is still one of the highlights of her life. She’s 13 now and is an amazing young woman. She has grown and matured and so has her love of the Constitution and what it means. She recently attended her first caucus here in Utah and loved it. Her involvement with your amazing organization sparked what I believe will be a lifetime love of the Constitution. She wants to be a lawyer so she can protect it,”
    ~Toni Albritton, mother of Sadie Albritton, Best Emblem Winner

 

DOWNLOAD THE IMPACT STATEMENT HERE

Interactive Constitution: Live

Where Your Student Body Interacts with a Bi-Partisan Political Panel

Contact Constituting America at constitutingamerica@yahoo.com
or (888) 937-0917 to book your school now!

Dear Educator,

Kids are Bored with Speakers

I am pleased to announce the premiere of my foundation, Constituting America’s, special and one of a kind new lecture series, “The Interactive Constitution: Live.” This series will be a two-part session that will occur in the fall and the spring of your school year. It will involve your high school student body in an interactive way. Kids are bored with routine speakers speaking “at” them. Thus, we have created a speakers series that has the speakers speaking “with” them. Your students will be involved in an exciting and inspiring interactive discussion. This series will bring to life the U. S. Constitution in a Bi- PARTISAN way. It will include speakers from a specially hand picked list, (available upon confirmation), that represents the Legislative, Executive and Judicial branches from BOTH parties. In order to explain the relevancy and importance of the U.S. Constitution we are providing speakers that encompass all aspects of the Constitution from the federal, state and local arenas – just as our founding fathers intended it. Many kids are familiar with the President only and are unaware of the necessities of the “people’s branch,’ – the Legislative Branch and the Judicial Branch – not to mention the crucial role States play and their own local communities.

Fall and Spring Sessions

To incorporate all levels of government, our exciting Interactive Constitution: Live series will represent the Federal Government in the fall session and the State and Local governments in the spring session. In the fall session we will have speakers from the United States Legislative, Executive and Judicial branches. In the spring we will have speakers from the States, Local and Community governments. The speakers will sit at a panel and be presented with Constitutionally relevant questions, (that are attached), regarding each branch. My 16 year-old daughter, Juliette Turner (author of the best selling book, Our Constitution Rocks), and I will moderate. A natural “debate” will occur between the “branches,” encouraging your student body to “interact” with questions per topic, or per inspiration!

We Value Bi-Partisan Politics

We VALUE bi-partisan politics as we BELIEVE that the U.S. Constitution is non-partisan. Both parties will be represented simultaneously, thus a natural exchange of views will occur which will inherently sharpen the reasoning skills of your student body. We encourage you to spend a class or two before our visit with the prepared questions to stimulate a lively interaction and debate between the panelists and your student body.

We are enthusiastic about out new speaker series, The Interactive Constitution: Live. Please book your school now. Demand is high. We want your school to be included!

Sincerely,

JanineBlue

Janine Turner

Actress, Northern Exposure Founder & Co-Chair

 

————–Panel Questions————

 

 Legislative Branch Questions

  1. Do you believe it is the right of the branches of government to expand and alter the Constitution or the people’s rights through the Amendment Process?
    1. Where do you believe the people’s representatives, in all branches, have crossed the line?
  2. How important is the Senate approval of Supreme Court Justices?
    1. Do Senators make impartial decisions or party decisions?
  3. George Washington said in his Farewell Address that the party system would be the demise of the country because people would care more about their party than America and Americans. Do you believe this is happening today?
    1. How are political parties beneficial?
    2. How are political parties detrimental?
    3. Chairman Michael McCaul’s Border Security Bill was only 23 pages, including amendments. Are you willing to try to curb the length of bills and make them more transparent for the people?
  4. James Madison said that in Federalist 62 that it is of no avail to elect men of our own choice if the laws are so voluminous that they cannot be read or so incoherent that they cannot be understood. Do you believe this is happening today?
    1. How are the mammoth comprehensive bills beneficial?
    2. How are the mammoth comprehensive bills detrimental?
  5. Do you believe the Legislative Branch is legislating themselves right out of the people’s heart and understanding?
    1. What can the Legislative Branch do to compete with the Executive Branch’s simplified messages?
  6. Do you believe the Executive Branch has usurped the Legislative Branch?
  7. Do you believe the Judicial Branch has usurped the Legislative and Executive branches?
  8. What has been the best Judicial decision in curbing the Legislative Branch?
    1. What has been the best Judicial decision in curbing the Executive Branch?

Executive Branch Questions

  1. The military seems to be most in keeping with George Washington’s warning about the party system

– that it would be the ruin of America. The military is non-partisan. It answers to all presidents of all parties. Please explain the importance of both of these points in regard to defending the country.

  1. How could this non-partisan way of working benefit America and Americans?
  2. Discuss the history of the Defense Department and how it fits under the Executive Branch umbrella.
  3. Discuss how the Founding Fathers wanted a check on the President in the Executive branch and how they separated the powers. One example is the House holding the purse strings.
    1. Discuss how the President in the Executive Branch often circumvents this “check.”
  4. Discuss the “War Powers Act” that the Legislative Branch passed, giving the President unilateral powers regarding war and declaring war for a limited time.
    1. Do you think this Act is beneficial or detrimental?
  5. Discuss the chain of command within the Defense Department.
  6. How has war changed over the years?
  7. What is America’s greatest threat?
  8. Please discuss how all Armed Forces swear allegiance to protect the U.S. Constitution.
    1. Why is this important?

Judicial Branch Questions

  1. What is the most important Supreme Court Decision in preventing tyranny in American history?
  2. What is the most important Supreme Court Decision affecting the American people positively?
    1. What is the most important Supreme Court Decision affecting the American people detrimentally?
    2. What are your views regarding many judges “legislating from the bench?”
  1. Do you believe the Supreme Court or Federal Courts usurp the people’s branch – the Legislative Branch?
    1. Do you believe that the Supreme Court is as our Founding Fathers intended?
  2. Do you believe the impact of Marbury vs. Madison was in keeping with the Founding Fathers’ vision?
  3. What American President in American history did the most to alter the checks and balances of the U.S. Constitution?

State Legislature Questions

So many kids are focused soley on the Federal government, most especially the President. Explain why our Founding Fathers wanted a multi-tiered government.

  1. Explain some of the responsibilities of the State Legislature
  2. What are the responsibilities of the Governor?
  3. Do you believe the Federal government is usurping States’ Rights?
    1. Give some examples
    2. In what way do the states need the Federal government?
    3. Do any of these ways breach the Constitutional limitations
    4. How can the States regain independence?
  4. How do you explain to the voting populace why State elections matter?
  5. How does one get involved in State politics?
  6. How old do you have to be?
  7. How do you feel the 17th Amendment has helped or hurt States’ rights?
  8. How did the 17th Amendment help or hurt the people’s rights and/or liberties?

 

Local Government Questions

  1. What are examples of local government?
    1. Why does local government matter?
    2. Why is it important that people vote in local elections?
    3. How can one be informed about local candidates?
    4. How is local government different now than what our Founding Father’s envisioned?
      1. How do these differences affect liberty?
      2. How do these difference protect liberty?
    5. Explain how the local government best represents the community’s needs?
      1. What is the hardest part about the job?
      2. What is the most rewarding part about the job?
    6. How does one run for office and how old do you need to be?

 

Community Civic Duty Questions

  1. Explain why it is important to be an active citizen in the community even if you do not hold a political position.
  2. Why do so many people not understand why being involved in liberty is so important?
  3. How does a citizen not get discouraged in the political process?
  4. What are some example of citizen duties, responsibilities and opportunities?
  5. How old does one have to be, to be involved?
  6. How do you feel that the Federal government helps or hurts the needs of the local community?
  7. How do you feel the State government helps or hurts the needs of the local community?
  8. Do you believe the Founding Fathers’ vision is being honored?
    1. How has it changed?
    2. What changes are better?
    3. What changes are worse?

Congratulations to Saturday’s Winner:

Timothy Frazier

“Our Constitution Rocks” Book Winner & Raffle Entry Winner!   

Saturday’s Question Was:

According to James D. Best, how many years did it take to ratify the 27th Amendment?

Saturday’s Answer Was: 

203 years. Proposed in 1789. Achieved 3/4 majority in 1992.

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

In her essay on Federalist 36, Janine Turner quotes Alexander Hamilton. What is the last Alexander Hamilton quote Janine references in her essay?

Extra credit: add your thoughts on how this quote is relevant today!

Answer the question in the “reply” box below the question, after you click “Read Post.”The first to answer wins a copy of Constituting America National Youth Director, Juliette Turner’s Bestselling book, Our Constitution Rocks, and is entered in a drawing at the end of the quiz for the Constituting America Goodie Bag!   Only one Our Constitution Rocks will be awarded per person during the course of the contest; previous winners may still enter and be entered for drawing multiple times, but may only win the book once.

Congratulations to Monday’s Winner:

Scott Smith

“Our Constitution Rocks” Book Winner & Raffle Entry Winner!   

Monday’s Question Was:

In her essay on Federalist 31, Constituting America Founder and Co-chair Janine Turner highlights several quotes from Alexander Hamilton. What is the first Hamilton quote Janine cites?

Extra credit: add your thoughts on how this quote is relevant today!

Monday’s Answer Was:

“I repeat here what I have observed in substance in another place, that all observations, founded upon the danger of usurpation, ought to be referred to the composition and structure of the government, not to the nature and extent of its powers. The state governments, by their original constitution, are invested with complete sovereignty.” Read more

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Saturday, April 19, 2014:

According to James D. Best, how many years did it take to ratify the 27th Amendment?

Answer the question in the “reply” box below the question, after you click “Read Post.”The first to answer wins a copy of Constituting America National Youth Director, Juliette Turner’s Bestselling, Our Constitution Rocks, and is entered in a drawing at the end of the quizfor the Constituting America Goodie Bag!   Only one Our Constituting Rocks is awarded per person during the course of the contest; previous winners may still enter and be entered for drawing multiple times, but may only win the book once.

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

In her essay on Federalist 31, Constituting America Founder and Co-chair Janine Turner highlights several quotes from Alexander Hamilton. What is the first Hamilton quote Janine cites?

Extra credit: add your thoughts on how this quote is relevant today!

Answer the question in the “reply” box below the question, after you click “Read Post.”The first to answer wins a copy of Constituting America National Youth Director, Juliette Turner’s Bestselling, Our Constitution Rocks, and is entered in a drawing at the end of the quizfor the Constituting America Goodie Bag!   Only one Our Constitution Rocks will be awarded per person during the course of the contest; previous winners may still enter and be entered for drawing multiple times, but may only win the book once.

Congratulations to Thursday’s Winner:

“Our Constitution Rocks” Book Winner & Raffle Entry Winners:   

David Weakland
Marvin Watts

Honorable Mention:

Jill Mayfield

Thursday’s Question Was:

In her essay on Federalist 48, Janine Turner points out a quote from Thomas Jefferson, as very relevant today. What is the quote?

Thursday’s Answer Was:

“A great number of laws had been cast violating, without any apparent necessity, the rule requiring that all bills of a public nature shall be previously printed for the consideration of the people; although this is one of the precautions chiefly relied on by the constitution against improper acts of legislature.”

From Marvin Watts: “How is this relevant for today? The people had to wait until the Affordable Care Act became law to find out what was in it. We the people are paying the price. There are regulations in this law that we the people still do not know about. We the people have to become better informed.”

Congratulations to Monday’s Winner:

“Our Constitution Rocks” Book Winner & Raffle Entry Winner: Peter Elfvin  

Honorable Mention:

Nick Moats

Vern Davidson

Monday’s Question Was:

In his essay on the Preamble, Dr. David Bobb said that although many interpret “to form a more perfect union” to mean progress, it actually meant what?

Monday’s Answer Was:

“It meant, simply, that the Constitution would be an improvement upon the Articles of Confederation, which left much to be desired in its anemic, nearly non-existent central government.” 

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

In her essay on Federalist 48, Janine Turner points out a quote from Thomas Jefferson, as very relevant today. What is the quote?

Extra credit: add your thoughts on how this quote is relevant today!

Answer the question in the “reply” box below the question, after you click “Read Post.” Read more

Congratulations to Friday’s Winners:

First Place, Raffle Drawing Winner: Phil Tolbert

“Our Constitution Rocks” Book Winner:  Edward Nowacki

Honorable Mention: Tammy Darling

Friday’s Question Was:

Allison Hayward wrote in her essay on Federalist No. 15 that Hamilton spoke of troubles for the country because the “present configuration is inadequate to the task.”  She explained that because the central government could not govern, four issues would occur.  What were the four issues?

Friday’s Answer Was:

The central government cannot govern, and thus cannot
1. honor its debts,
2. defend its territory,
3. engage in diplomacy, or
4. unite its constituent state governments.

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

In his essay on the Preamble, Dr. David Bobb said that although many interpret “to form a more perfect union” to mean progress, it actually meant what?

Answer the question in the “reply” box below the question, after you click “Read Post.” Read more

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Friday, March 28, 2014:

Allison Hayward wrote in her essay on Federalist No. 15 that Hamilton spoke of troubles for the country because the “present configuration is inadequate to the task.”  She explained that because the central government could not govern, four issues would occur.  What were the four issues?

Answer the question in the “reply” box below the question, after you click “Read Post.”

Read more

Congratulations to Wednesday’s Winners:

Phil Tobert (entered in raffle)

Joe Ping (wins “Our Constitution Rocks & entered in raffle) 

Wednesday’s Question:
In his essay on The Emancipation Proclamation, Scot Faulkner stated that President Abraham Lincoln achieved “an historical trifecta.”  What three things did President Lincoln do to accomplish this?

The Answer to Wednesday’s Question was: 

1. “He revolutionized the Union war effort by bringing 200,000 blacks into the Union army.”
2. “He isolated the Confederacy from Europe, making Union victory inevitable.”
3. “He also strategically shifted public policy within the parameters of constitutional government and laid the ground work for the immediate and universal abolition of slavery everywhere in America by amending the Constitution.”

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Wednesday, March 26:
In his essay on The Emancipation Proclamation, Scot Faulkner stated that President Abraham Lincoln achieved “an historical trifecta.”  What three things did President Lincoln do to accomplish this?

Answer the question in the “reply” box below the question, after you click “Read Post.”

Read more

Congratulations to Monday’s Winners:

Phil Tolbert (raffle entry)

Jim Brown (“Our Constitution Rocks” book)

David Schroeder (Facebook Winner, “Our Constitution Rocks” book)

Honorable Mention: David

Click Here for Monday’s Question

The Answer to Monday’s Question Was:  

“Feed the weakness, starve the heart
Watch the soul regress
Rhyme and reason take their toll
Happy opportune the guess.”

Congratulations to Saturday’s Winner:

 Sunny J

Click Here for Saturday’s Question

The Answer to Saturday’s Question Was: Four 

 

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.

Click Here  for More Contest Rules & Information

Question for Monday, March 24:

Janine Turner was so moved by the Federalist Papers that in her essay on Federalist No. 20, she was inspired to write a poem titled The Ransom of Reason.  What is the last stanza of this poem? Read more

Congratulations to Wednesday’s Winner:

Phil Tolbert

Click Here for Wednesday’s Question

The Answer to Wednesday’s Question Was:

The “general welfare clause”

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.

Click Here  for More Contest Rules & Information

Question for Saturday, March 22, 2014:

How many essays are about and/or reference Marbury v. Madison by John Marshall? (Hint: Choose “Classics That Inspired the Constitution” from the drop down menu to find Marbury v. Madison) Read more

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Wednesday, March 19:

In John S. Baker’s essay on Article I, Section 8, Clause 1, he states that this clause is often mischaracterized as what?

Answer the question in the “reply” box below the question, after you click “Read Post.”

The first to answer wins a copy of Constituting America National Youth Director, Juliette Turner’s Bestselling, Our Constitution Rocks, and is entered in a drawing at the end of the quiz Read more

Congratulations to Monday’s Winners:

Jahanara Hoque – multiple winner, entered in raffle

Chris Shollenberger – wins an “Our Constitution Rocks” book and raffle entry! 

Doug Cook – Honorable mention for his thorough answer! – wins “Our Constitution Rocks” book and raffle entry! 

Click Here for Monday’s Question

The Answer to Monday’s Question Was:

The movement to abolish the electoral college Read more

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Monday, March 17:

In her essay about Federalist No. 63, Janine Turner equates the movement to pass the 17th Amendment to what movement happening today?

Read more

Congratulations to Friday’s Winner:

Jahanara Hoque

Click Here for Friday’s Question

The Answer to Friday’s Question Was:

Professor John Baker

Click Here for Contest Rules and Information

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Friday, March 14:

One of the most well known Federalist Papers, Federalist 51,  contains this quote:

“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

Which Constitutional Scholar wrote the accompanying essay on this Federalist Paper?   Read more

Congratulations to Wednesday’s Winner:

  • Clare Morgan Heupe

Honorable Mention goes to:

  • Paul Pyle

Click Here for Wednesday’s Question

The Answer to Wednesday’s Question Was:

Marc Lampkin and James Best wrote essays on the XVI Amendment in our 2012 Amendment Study.  Gordon Lloyd’s essay on the XVIII Amendment references the XVI Amendment Read more

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

Question for Wednesday, March 12:

In our study of the Amendments in 2012, what three guest constitutional scholars wrote about the 16th amendment? Read more

Use the Constitution Archives Search Box at Top Right of the Homepage to Answer Today’s Question.
Click Here  for More Contest Rules & Information

In her essay on Federalist #62, Janine Turner identifies a quote that is very relevant today:

“The internal effects of a mutable policy are still more calamitous. It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action n; but how can that be a rule, which is little known, and less fixed?”

Question for Monday, March 10: Please list another quote in Federalist #62 that Janine mentions in her essay as relevant or profound. Read more

We are so excited to launch our new Constitution Archive Search Option with a 21-question quiz about our 90 in 90 Studies!

Here are the Rules:

Each Monday, Wednesday, and Friday we will post a question from one of our 530 archived essays from over 85 constitutional scholars. Using our “Constitution Archive Search Options” at the top right corner of our home page, you can either type in key words with quote signs or use the drop down option searching the specific studies or essayists. Read more

Click Here for Contest Rules and Information

Click Here for Monday’s Question

Congratulations to Monday’s Winners:

  • Spencer Kawalek
  • Ja’Lisha Urquhart
  • Tina Bogani
  • Jahanara Hoque
  • Ron Meier

The Possible Answers to Monday’s Question Were:

“In this spirit it may be remarked, that the equal vote allowed to each state, is at once a constitutional recognition of the portion of sovereignty remaining in the individual states, and an instrument for preserving that residuary sovereignty.”

“No law of resolution can now be passed without the concurrence, first, of a majority of the people, and then of a majority of the states.”

“Excess of law making seem to be the diseases to which our governments are most liable..” Read more

Testing

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Read more

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Read more

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, Read more

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III.

Section. 1.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls; Read more

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, Read more

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word, “the,” being interlined between the seventh and eighth Lines of the first Page, the Word “Thirty” being partly written on an Erazure in the fifteenth Line of the first Page, The Words “is tried” being interlined between the thirty second and thirty third Lines of the first Page and the Word “the” being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

G°. Washington
Presidt and deputy from Virginia

Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll

Virginia
John Blair
James Madison Jr.

North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson

South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler

Georgia
William Few
Abr Baldwin

New Hampshire
John Langdon
Nicholas Gilman

Massachusetts
Nathaniel Gorham
Rufus King

Connecticut
Wm. Saml. Johnson
Roger Sherman

New York
Alexander Hamilton

New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton

Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

 

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11.

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. –]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.

*Superseded by section 3 of the 20th amendment.

 

Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

*Changed by section 1 of the 26th amendment.

Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude–

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.

Passed by Congress February 26, 1869. Ratified February 3, 1870.

 

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

 

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

Section 1.

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

Passed by Congress June 4, 1919. Ratified August 18, 1920.

Section 1.

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

General Introduction
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

AFTER an unequivocal experience of the inefficiency of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the UNION, the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world. It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.

This idea will add the inducements of philanthropy to those of patriotism, to heighten the solicitude which all considerate and good men must feel for the event. Happy will it be if our choice should be directed by a judicious estimate of our true interests, unperplexed and unbiased by considerations not connected with the public good. But this is a thing more ardently to be wished than seriously to be expected. The plan offered to our deliberations affects too many particular interests, innovates upon too many local institutions, not to involve in its discussion a variety of objects foreign to its merits, and of views, passions and prejudices little favorable to the discovery of truth.

Among the most formidable of the obstacles which the new Constitution will have to encounter may readily be distinguished the obvious interest of a certain class of men in every State to resist all changes which may hazard a diminution of the power, emolument, and consequence of the offices they hold under the State establishments; and the perverted ambition of another class of men, who will either hope to aggrandize themselves by the confusions of their country, or will flatter themselves with fairer prospects of elevation from the subdivision of the empire into several partial confederacies than from its union under one government.

It is not, however, my design to dwell upon observations of this nature. I am well aware that it would be disingenuous to resolve indiscriminately the opposition of any set of men (merely because their situations might subject them to suspicion) into interested or ambitious views. Candor will oblige us to admit that even such men may be actuated by upright intentions; and it cannot be doubted that much of the opposition which has made its appearance, or may hereafter make its appearance, will spring from sources, blameless at least, if not respectable–the honest errors of minds led astray by preconceived jealousies and fears. So numerous indeed and so powerful are the causes which serve to give a false bias to the judgment, that we, upon many occasions, see wise and good men on the wrong as well as on the right side of questions of the first magnitude to society. This circumstance, if duly attended to, would furnish a lesson of moderation to those who are ever so much persuaded of their being in the right in any controversy. And a further reason for caution, in this respect, might be drawn from the reflection that we are not always sure that those who advocate the truth are influenced by purer principles than their antagonists. Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as those who oppose the right side of a question. Were there not even these inducements to moderation, nothing could be more ill-judged than that intolerant spirit which has, at all times, characterized political parties. For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution.

And yet, however just these sentiments will be allowed to be, we have already sufficient indications that it will happen in this as in all former cases of great national discussion. A torrent of angry and malignant passions will be let loose. To judge from the conduct of the opposite parties, we shall be led to conclude that they will mutually hope to evince the justness of their opinions, and to increase the number of their converts by the loudness of their declamations and the bitterness of their invectives. An enlightened zeal for the energy and efficiency of government will be stigmatized as the offspring of a temper fond of despotic power and hostile to the principles of liberty. An over-scrupulous jealousy of danger to the rights of the people, which is more commonly the fault of the head than of the heart, will be represented as mere pretense and artifice, the stale bait for popularity at the expense of the public good. It will be forgotten, on the one hand, that jealousy is the usual concomitant of love, and that the noble enthusiasm of liberty is apt to be infected with a spirit of narrow and illiberal distrust. On the other hand, it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated; and that a dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidden appearance of zeal for the firmness and efficiency of government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of 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.

In the course of the preceding observations, I have had an eye, my fellow-citizens, to putting you upon your guard against all attempts, from whatever quarter, to influence your decision in a matter of the utmost moment to your welfare, by any impressions other than those which may result from the evidence of truth. You will, no doubt, at the same time, have collected from the general scope of them, that they proceed from a source not unfriendly to the new Constitution. Yes, my countrymen, I own to you that, after having given it an attentive consideration, I am clearly of opinion it is your interest to adopt it. I am convinced that this is the safest course for your liberty, your dignity, and your happiness. I affect not reserves which I do not feel. I will not amuse you with an appearance of deliberation when I have decided. I frankly acknowledge to you my convictions, and I will freely lay before you the reasons on which they are founded. The consciousness of good intentions disdains ambiguity. I shall not, however, multiply professions on this head. My motives must remain in the depository of my own breast. My arguments will be open to all, and may be judged of by all. They shall at least be offered in a spirit which will not disgrace the cause of truth.

I propose, in a series of papers, to discuss the following interesting particulars:

THE UTILITY OF THE UNION TO YOUR POLITICAL PROSPERITY THE INSUFFICIENCY OF THE PRESENT CONFEDERATION TO PRESERVE THAT UNION THE NECESSITY OF A GOVERNMENT AT LEAST EQUALLY ENERGETIC WITH THE ONE PROPOSED, TO THE ATTAINMENT OF THIS OBJECT THE CONFORMITY OF THE PROPOSED CONSTITUTION TO THE TRUE PRINCIPLES OF REPUBLICAN GOVERNMENT ITS ANALOGY TO YOUR OWN STATE CONSTITUTION and lastly, THE ADDITIONAL SECURITY WHICH ITS ADOPTION WILL AFFORD TO THE PRESERVATION OF THAT SPECIES OF GOVERNMENT, TO LIBERTY, AND TO PROPERTY.

In the progress of this discussion I shall endeavor to give a satisfactory answer to all the objections which shall have made their appearance, that may seem to have any claim to your attention.

It may perhaps be thought superfluous to offer arguments to prove the utility of the UNION, a point, no doubt, deeply engraved on the hearts of the great body of the people in every State, and one, which it may be imagined, has no adversaries. But the fact is, that we already hear it whispered in the private circles of those who oppose the new Constitution, that the thirteen States are of too great extent for any general system, and that we must of necessity resort to separate confederacies of distinct portions of the whole.  This doctrine will, in all probability, be gradually propagated, till it has votaries enough to countenance an open avowal of it. For nothing can be more evident, to those who are able to take an enlarged view of the subject, than the alternative of an adoption of the new Constitution or a dismemberment of the Union. It will therefore be of use to begin by examining the advantages of that Union, the certain evils, and the probable dangers, to which every State will be exposed from its dissolution. This shall accordingly constitute the subject of my next address.

PUBLIUS.

 

Concerning Dangers from Foreign Force and Influence
For the Independent Journal.

Author: John Jay

To the People of the State of New York:

WHEN the people of America reflect that they are now called upon to decide a question, which, in its consequences, must prove one of the most important that ever engaged their attention, the propriety of their taking a very comprehensive, as well as a very serious, view of it, will be evident.

Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers. It is well worthy of consideration therefore, whether it would conduce more to the interest of the people of America that they should, to all general purposes, be one nation, under one federal government, or that they should divide themselves into separate confederacies, and give to the head of each the same kind of powers which they are advised to place in one national government.

It has until lately been a received and uncontradicted opinion that the prosperity of the people of America depended on their continuing firmly united, and the wishes, prayers, and efforts of our best and wisest citizens have been constantly directed to that object. But politicians now appear, who insist that this opinion is erroneous, and that instead of looking for safety and happiness in union, we ought to seek it in a division of the States into distinct confederacies or sovereignties. However extraordinary this new doctrine may appear, it nevertheless has its advocates; and certain characters who were much opposed to it formerly, are at present of the number. Whatever may be the arguments or inducements which have wrought this change in the sentiments and declarations of these gentlemen, it certainly would not be wise in the people at large to adopt these new political tenets without being fully convinced that they are founded in truth and sound policy.

It has often given me pleasure to observe that independent America was not composed of detached and distant territories, but that one connected, fertile, widespreading country was the portion of our western sons of liberty. Providence has in a particular manner blessed it with a variety of soils and productions, and watered it with innumerable streams, for the delight and accommodation of its inhabitants. A succession of navigable waters forms a kind of chain round its borders, as if to bind it together; while the most noble rivers in the world, running at convenient distances, present them with highways for the easy communication of friendly aids, and the mutual transportation and exchange of their various commodities.

With equal pleasure I have as often taken notice that Providence has been pleased to give this one connected country to one united people–a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs, and who, by their joint counsels, arms, and efforts, fighting side by side throughout a long and bloody war, have nobly established general liberty and independence.

This country and this people seem to have been made for each other, and it appears as if it was the design of Providence, that an inheritance so proper and convenient for a band of brethren, united to each other by the strongest ties, should never be split into a number of unsocial, jealous, and alien sovereignties.

Similar sentiments have hitherto prevailed among all orders and denominations of men among us. To all general purposes we have uniformly been one people each individual citizen everywhere enjoying the same national rights, privileges, and protection. As a nation we have made peace and war; as a nation we have vanquished our common enemies; as a nation we have formed alliances, and made treaties, and entered into various compacts and conventions with foreign states.

A strong sense of the value and blessings of union induced the people, at a very early period, to institute a federal government to preserve and perpetuate it. They formed it almost as soon as they had a political existence; nay, at a time when their habitations were in flames, when many of their citizens were bleeding, and when the progress of hostility and desolation left little room for those calm and mature inquiries and reflections which must ever precede the formation of a wise and wellbalanced government for a free people. It is not to be wondered at, that a government instituted in times so inauspicious, should on experiment be found greatly deficient and inadequate to the purpose it was intended to answer.

This intelligent people perceived and regretted these defects. Still continuing no less attached to union than enamored of liberty, they observed the danger which immediately threatened the former and more remotely the latter; and being pursuaded that ample security for both could only be found in a national government more wisely framed, they as with one voice, convened the late convention at Philadelphia, to take that important subject under consideration.

This convention composed of men who possessed the confidence of the people, and many of whom had become highly distinguished by their patriotism, virtue and wisdom, in times which tried the minds and hearts of men, undertook the arduous task. In the mild season of peace, with minds unoccupied by other subjects, they passed many months in cool, uninterrupted, and daily consultation; and finally, without having been awed by power, or influenced by any passions except love for their country, they presented and recommended to the people the plan produced by their joint and very unanimous councils.

Admit, for so is the fact, that this plan is only RECOMMENDED, not imposed, yet let it be remembered that it is neither recommended to BLIND approbation, nor to BLIND reprobation; but to that sedate and candid consideration which the magnitude and importance of the subject demand, and which it certainly ought to receive. But this (as was remarked in the foregoing number of this paper) is more to be wished than expected, that it may be so considered and examined. Experience on a former occasion teaches us not to be too sanguine in such hopes. It is not yet forgotten that well-grounded apprehensions of imminent danger induced the people of America to form the memorable Congress of 1774. That body recommended certain measures to their constituents, and the event proved their wisdom; yet it is fresh in our memories how soon the press began to teem with pamphlets and weekly papers against those very measures. Not only many of the officers of government, who obeyed the dictates of personal interest, but others, from a mistaken estimate of consequences, or the undue influence of former attachments, or whose ambition aimed at objects which did not correspond with the public good, were indefatigable in their efforts to pursuade the people to reject the advice of that patriotic Congress. Many, indeed, were deceived and deluded, but the great majority of the people reasoned and decided judiciously; and happy they are in reflecting that they did so.

They considered that the Congress was composed of many wise and experienced men. That, being convened from different parts of the country, they brought with them and communicated to each other a variety of useful information. That, in the course of the time they passed together in inquiring into and discussing the true interests of their country, they must have acquired very accurate knowledge on that head. That they were individually interested in the public liberty and prosperity, and therefore that it was not less their inclination than their duty to recommend only such measures as, after the most mature deliberation, they really thought prudent and advisable.

These and similar considerations then induced the people to rely greatly on the judgment and integrity of the Congress; and they took their advice, notwithstanding the various arts and endeavors used to deter them from it. But if the people at large had reason to confide in the men of that Congress, few of whom had been fully tried or generally known, still greater reason have they now to respect the judgment and advice of the convention, for it is well known that some of the most distinguished members of that Congress, who have been since tried and justly approved for patriotism and abilities, and who have grown old in acquiring political information, were also members of this convention, and carried into it their accumulated knowledge and experience.

It is worthy of remark that not only the first, but every succeeding Congress, as well as the late convention, have invariably joined with the people in thinking that the prosperity of America depended on its Union. To preserve and perpetuate it was the great object of the people in forming that convention, and it is also the great object of the plan which the convention has advised them to adopt. With what propriety, therefore, or for what good purposes, are attempts at this particular period made by some men to depreciate the importance of the Union? Or why is it suggested that three or four confederacies would be better than one? I am persuaded in my own mind that the people have always thought right on this subject, and that their universal and uniform attachment to the cause of the Union rests on great and weighty reasons, which I shall endeavor to develop and explain in some ensuing papers. They who promote the idea of substituting a number of distinct confederacies in the room of the plan of the convention, seem clearly to foresee that the rejection of it would put the continuance of the Union in the utmost jeopardy. That certainly would be the case, and I sincerely wish that it may be as clearly foreseen by every good citizen, that whenever the dissolution of the Union arrives, America will have reason to exclaim, in the words of the poet: “FAREWELL! A LONG FAREWELL TO ALL MY GREATNESS.”

PUBLIUS.

The Same Subject Continued: Concerning Dangers From Foreign Force and Influence
For the Independent Journal.

Author: John Jay

To the People of the State of New York:

IT IS not a new observation that the people of any country (if, like the Americans, intelligent and wellinformed) seldom adopt and steadily persevere for many years in an erroneous opinion respecting their interests. That consideration naturally tends to create great respect for the high opinion which the people of America have so long and uniformly entertained of the importance of their continuing firmly united under one federal government, vested with sufficient powers for all general and national purposes.

The more attentively I consider and investigate the reasons which appear to have given birth to this opinion, the more I become convinced that they are cogent and conclusive.

Among the many objects to which a wise and free people find it necessary to direct their attention, that of providing for their SAFETY seems to be the first. The SAFETY of the people doubtless has relation to a great variety of circumstances and considerations, and consequently affords great latitude to those who wish to define it precisely and comprehensively.

At present I mean only to consider it as it respects security for the preservation of peace and tranquillity, as well as against dangers from FOREIGN ARMS AND INFLUENCE, as from dangers of the LIKE KIND arising from domestic causes. As the former of these comes first in order, it is proper it should be the first discussed. Let us therefore proceed to examine whether the people are not right in their opinion that a cordial Union, under an efficient national government, affords them the best security that can be devised against HOSTILITIES from abroad.

The number of wars which have happened or will happen in the world will always be found to be in proportion to the number and weight of the causes, whether REAL or PRETENDED, which PROVOKE or INVITE them. If this remark be just, it becomes useful to inquire whether so many JUST causes of war are likely to be given by UNITED AMERICA as by DISUNITED America; for if it should turn out that United America will probably give the fewest, then it will follow that in this respect the Union tends most to preserve the people in a state of peace with other nations.

The JUST causes of war, for the most part, arise either from violation of treaties or from direct violence. America has already formed treaties with no less than six foreign nations, and all of them, except Prussia, are maritime, and therefore able to annoy and injure us. She has also extensive commerce with Portugal, Spain, and Britain, and, with respect to the two latter, has, in addition, the circumstance of neighborhood to attend to.

It is of high importance to the peace of America that she observe the laws of nations towards all these powers, and to me it appears evident that this will be more perfectly and punctually done by one national government than it could be either by thirteen separate States or by three or four distinct confederacies.

Because when once an efficient national government is established, the best men in the country will not only consent to serve, but also will generally be appointed to manage it; for, although town or country, or other contracted influence, may place men in State assemblies, or senates, or courts of justice, or executive departments, yet more general and extensive reputation for talents and other qualifications will be necessary to recommend men to offices under the national government,–especially as it will have the widest field for choice, and never experience that want of proper persons which is not uncommon in some of the States. Hence, it will result that the administration, the political counsels, and the judicial decisions of the national government will be more wise, systematical, and judicious than those of individual States, and consequently more satisfactory with respect to other nations, as well as more SAFE with respect to us.

Because, under the national government, treaties and articles of treaties, as well as the laws of nations, will always be expounded in one sense and executed in the same manner,–whereas, adjudications on the same points and questions, in thirteen States, or in three or four confederacies, will not always accord or be consistent; and that, as well from the variety of independent courts and judges appointed by different and independent governments, as from the different local laws and interests which may affect and influence them. The wisdom of the convention, in committing such questions to the jurisdiction and judgment of courts appointed by and responsible only to one national government, cannot be too much commended.

Because the prospect of present loss or advantage may often tempt the governing party in one or two States to swerve from good faith and justice; but those temptations, not reaching the other States, and consequently having little or no influence on the national government, the temptation will be fruitless, and good faith and justice be preserved. The case of the treaty of peace with Britain adds great weight to this reasoning.

Because, even if the governing party in a State should be disposed to resist such temptations, yet as such temptations may, and commonly do, result from circumstances peculiar to the State, and may affect a great number of the inhabitants, the governing party may not always be able, if willing, to prevent the injustice meditated, or to punish the aggressors. But the national government, not being affected by those local circumstances, will neither be induced to commit the wrong themselves, nor want power or inclination to prevent or punish its commission by others.

So far, therefore, as either designed or accidental violations of treaties and the laws of nations afford JUST causes of war, they are less to be apprehended under one general government than under several lesser ones, and in that respect the former most favors the SAFETY of the people.

As to those just causes of war which proceed from direct and unlawful violence, it appears equally clear to me that one good national government affords vastly more security against dangers of that sort than can be derived from any other quarter.

Because such violences are more frequently caused by the passions and interests of a part than of the whole; of one or two States than of the Union. Not a single Indian war has yet been occasioned by aggressions of the present federal government, feeble as it is; but there are several instances of Indian hostilities having been provoked by the improper conduct of individual States, who, either unable or unwilling to restrain or punish offenses, have given occasion to the slaughter of many innocent inhabitants.

The neighborhood of Spanish and British territories, bordering on some States and not on others, naturally confines the causes of quarrel more immediately to the borderers. The bordering States, if any, will be those who, under the impulse of sudden irritation, and a quick sense of apparent interest or injury, will be most likely, by direct violence, to excite war with these nations; and nothing can so effectually obviate that danger as a national government, whose wisdom and prudence will not be diminished by the passions which actuate the parties immediately interested.

But not only fewer just causes of war will be given by the national government, but it will also be more in their power to accommodate and settle them amicably. They will be more temperate and cool, and in that respect, as well as in others, will be more in capacity to act advisedly than the offending State. The pride of states, as well as of men, naturally disposes them to justify all their actions, and opposes their acknowledging, correcting, or repairing their errors and offenses. The national government, in such cases, will not be affected by this pride, but will proceed with moderation and candor to consider and decide on the means most proper to extricate them from the difficulties which threaten them.

Besides, it is well known that acknowledgments, explanations, and compensations are often accepted as satisfactory from a strong united nation, which would be rejected as unsatisfactory if offered by a State or confederacy of little consideration or power.

In the year 1685, the state of Genoa having offended Louis XIV., endeavored to appease him. He demanded that they should send their Doge, or chief magistrate, accompanied by four of their senators, to FRANCE, to ask his pardon and receive his terms. They were obliged to submit to it for the sake of peace. Would he on any occasion either have demanded or have received the like humiliation from Spain, or Britain, or any other POWERFUL nation?

PUBLIUS.

The Same Subject Continued: Concerning Dangers from Foreign Force and Influence
For the Independent Journal.

Author: John Jay

To the People of the State of New York:

MY LAST paper assigned several reasons why the safety of the people would be best secured by union against the danger it may be exposed to by JUST causes of war given to other nations; and those reasons show that such causes would not only be more rarely given, but would also be more easily accommodated, by a national government than either by the State governments or the proposed little confederacies.

But the safety of the people of America against dangers from FOREIGN force depends not only on their forbearing to give JUST causes of war to other nations, but also on their placing and continuing themselves in such a situation as not to INVITE hostility or insult; for it need not be observed that there are PRETENDED as well as just causes of war.

It is too true, however disgraceful it may be to human nature, that nations in general will make war whenever they have a prospect of getting anything by it; nay, absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans. These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people. But, independent of these inducements to war, which are more prevalent in absolute monarchies, but which well deserve our attention, there are others which affect nations as often as kings; and some of them will on examination be found to grow out of our relative situation and circumstances.

With France and with Britain we are rivals in the fisheries, and can supply their markets cheaper than they can themselves, notwithstanding any efforts to prevent it by bounties on their own or duties on foreign fish.

With them and with most other European nations we are rivals in navigation and the carrying trade; and we shall deceive ourselves if we suppose that any of them will rejoice to see it flourish; for, as our carrying trade cannot increase without in some degree diminishing theirs, it is more their interest, and will be more their policy, to restrain than to promote it.

In the trade to China and India, we interfere with more than one nation, inasmuch as it enables us to partake in advantages which they had in a manner monopolized, and as we thereby supply ourselves with commodities which we used to purchase from them.

The extension of our own commerce in our own vessels cannot give pleasure to any nations who possess territories on or near this continent, because the cheapness and excellence of our productions, added to the circumstance of vicinity, and the enterprise and address of our merchants and navigators, will give us a greater share in the advantages which those territories afford, than consists with the wishes or policy of their respective sovereigns.

Spain thinks it convenient to shut the Mississippi against us on the one side, and Britain excludes us from the Saint Lawrence on the other; nor will either of them permit the other waters which are between them and us to become the means of mutual intercourse and traffic.

From these and such like considerations, which might, if consistent with prudence, be more amplified and detailed, it is easy to see that jealousies and uneasinesses may gradually slide into the minds and cabinets of other nations, and that we are not to expect that they should regard our advancement in union, in power and consequence by land and by sea, with an eye of indifference and composure.

The people of America are aware that inducements to war may arise out of these circumstances, as well as from others not so obvious at present, and that whenever such inducements may find fit time and opportunity for operation, pretenses to color and justify them will not be wanting. Wisely, therefore, do they consider union and a good national government as necessary to put and keep them in SUCH A SITUATION as, instead of INVITING war, will tend to repress and discourage it. That situation consists in the best possible state of defense, and necessarily depends on the government, the arms, and the resources of the country.

As the safety of the whole is the interest of the whole, and cannot be provided for without government, either one or more or many, let us inquire whether one good government is not, relative to the object in question, more competent than any other given number whatever.

One government can collect and avail itself of the talents and experience of the ablest men, in whatever part of the Union they may be found. It can move on uniform principles of policy. It can harmonize, assimilate, and protect the several parts and members, and extend the benefit of its foresight and precautions to each. In the formation of treaties, it will regard the interest of the whole, and the particular interests of the parts as connected with that of the whole. It can apply the resources and power of the whole to the defense of any particular part, and that more easily and expeditiously than State governments or separate confederacies can possibly do, for want of concert and unity of system. It can place the militia under one plan of discipline, and, by putting their officers in a proper line of subordination to the Chief Magistrate, will, as it were, consolidate them into one corps, and thereby render them more efficient than if divided into thirteen or into three or four distinct independent companies.

What would the militia of Britain be if the English militia obeyed the government of England, if the Scotch militia obeyed the government of Scotland, and if the Welsh militia obeyed the government of Wales? Suppose an invasion; would those three governments (if they agreed at all) be able, with all their respective forces, to operate against the enemy so effectually as the single government of Great Britain would?

We have heard much of the fleets of Britain, and the time may come, if we are wise, when the fleets of America may engage attention. But if one national government, had not so regulated the navigation of Britain as to make it a nursery for seamen–if one national government had not called forth all the national means and materials for forming fleets, their prowess and their thunder would never have been celebrated. Let England have its navigation and fleet–let Scotland have its navigation and fleet–let Wales have its navigation and fleet–let Ireland have its navigation and fleet–let those four of the constituent parts of the British empire be be under four independent governments, and it is easy to perceive how soon they would each dwindle into comparative insignificance.

Apply these facts to our own case. Leave America divided into thirteen or, if you please, into three or four independent governments–what armies could they raise and pay–what fleets could they ever hope to have? If one was attacked, would the others fly to its succor, and spend their blood and money in its defense? Would there be no danger of their being flattered into neutrality by its specious promises, or seduced by a too great fondness for peace to decline hazarding their tranquillity and present safety for the sake of neighbors, of whom perhaps they have been jealous, and whose importance they are content to see diminished? Although such conduct would not be wise, it would, nevertheless, be natural. The history of the states of Greece, and of other countries, abounds with such instances, and it is not improbable that what has so often happened would, under similar circumstances, happen again.

But admit that they might be willing to help the invaded State or confederacy. How, and when, and in what proportion shall aids of men and money be afforded? Who shall command the allied armies, and from which of them shall he receive his orders? Who shall settle the terms of peace, and in case of disputes what umpire shall decide between them and compel acquiescence? Various difficulties and inconveniences would be inseparable from such a situation; whereas one government, watching over the general and common interests, and combining and directing the powers and resources of the whole, would be free from all these embarrassments, and conduce far more to the safety of the people.

But whatever may be our situation, whether firmly united under one national government, or split into a number of confederacies, certain it is, that foreign nations will know and view it exactly as it is; and they will act toward us accordingly. If they see that our national government is efficient and well administered, our trade prudently regulated, our militia properly organized and disciplined, our resources and finances discreetly managed, our credit re-established, our people free, contented, and united, they will be much more disposed to cultivate our friendship than provoke our resentment. If, on the other hand, they find us either destitute of an effectual government (each State doing right or wrong, as to its rulers may seem convenient), or split into three or four independent and probably discordant republics or confederacies, one inclining to Britain, another to France, and a third to Spain, and perhaps played off against each other by the three, what a poor, pitiful figure will America make in their eyes! How liable would she become not only to their contempt but to their outrage, and how soon would dear-bought experience proclaim that when a people or family so divide, it never fails to be against themselves.

PUBLIUS.

The Same Subject Continued: Concerning Dangers from Foreign Force and Influence
For the Independent Journal.

Author: John Jay

To the People of the State of New York:

QUEEN ANNE, in her letter of the 1st July, 1706, to the Scotch Parliament, makes some observations on the importance of the UNION then forming between England and Scotland, which merit our attention. I shall present the public with one or two extracts from it: “An entire and perfect union will be the solid foundation of lasting peace: It will secure your religion, liberty, and property; remove the animosities amongst yourselves, and the jealousies and differences betwixt our two kingdoms. It must increase your strength, riches, and trade; and by this union the whole island, being joined in affection and free from all apprehensions of different interest, will be ENABLED TO RESIST ALL ITS ENEMIES.” “We most earnestly recommend to you calmness and unanimity in this great and weighty affair, that the union may be brought to a happy conclusion, being the only EFFECTUAL way to secure our present and future happiness, and disappoint the designs of our and your enemies, who will doubtless, on this occasion, USE THEIR UTMOST ENDEAVORS TO PREVENT OR DELAY THIS UNION.”

It was remarked in the preceding paper, that weakness and divisions at home would invite dangers from abroad; and that nothing would tend more to secure us from them than union, strength, and good government within ourselves. This subject is copious and cannot easily be exhausted.

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. Notwithstanding their true interest with respect to the continental nations was really the same, yet by the arts and policy and practices of those nations, their mutual jealousies were perpetually kept inflamed, and for a long series of years they were far more inconvenient and troublesome than they were useful and assisting to each other.

Should the people of America divide themselves into three or four nations, would not the same thing happen? Would not similar jealousies arise, and be in like manner cherished? Instead of their being “joined in affection” and free from all apprehension of different “interests,” envy and jealousy would soon extinguish confidence and affection, and the partial interests of each confederacy, instead of the general interests of all America, would be the only objects of their policy and pursuits. Hence, like most other BORDERING nations, they would always be either involved in disputes and war, or live in the constant apprehension of them.

The most sanguine advocates for three or four confederacies cannot reasonably suppose that they would long remain exactly on an equal footing in point of strength, even if it was possible to form them so at first; but, admitting that to be practicable, yet what human contrivance can secure the continuance of such equality? Independent of those local circumstances which tend to beget and increase power in one part and to impede its progress in another, we must advert to the effects of that superior policy and good management which would probably distinguish the government of one above the rest, and by which their relative equality in strength and consideration would be destroyed. For it cannot be presumed that the same degree of sound policy, prudence, and foresight would uniformly be observed by each of these confederacies for a long succession of years.

Whenever, and from whatever causes, it might happen, and happen it would, that any one of these nations or confederacies should rise on the scale of political importance much above the degree of her neighbors, that moment would those neighbors behold her with envy and with fear. Both those passions would lead them to countenance, if not to promote, whatever might promise to diminish her importance; and would also restrain them from measures calculated to advance or even to secure her prosperity. Much time would not be necessary to enable her to discern these unfriendly dispositions. She would soon begin, not only to lose confidence in her neighbors, but also to feel a disposition equally unfavorable to them. Distrust naturally creates distrust, and by nothing is good-will and kind conduct more speedily changed than by invidious jealousies and uncandid imputations, whether expressed or implied.

The North is generally the region of strength, and many local circumstances render it probable that the most Northern of the proposed confederacies would, at a period not very distant, be unquestionably more formidable than any of the others. No sooner would this become evident than the NORTHERN HIVE would excite the same ideas and sensations in the more southern parts of America which it formerly did in the southern parts of Europe. Nor does it appear to be a rash conjecture that its young swarms might often be tempted to gather honey in the more blooming fields and milder air of their luxurious and more delicate neighbors.

They who well consider the history of similar divisions and confederacies will find abundant reason to apprehend that those in contemplation would in no other sense be neighbors than as they would be borderers; that they would neither love nor trust one another, but on the contrary would be a prey to discord, jealousy, and mutual injuries; in short, that they would place us exactly in the situations in which some nations doubtless wish to see us, viz., FORMIDABLE ONLY TO EACH OTHER.

From these considerations it appears that those gentlemen are greatly mistaken who suppose that alliances offensive and defensive might be formed between these confederacies, and would produce that combination and union of wills of arms and of resources, which would be necessary to put and keep them in a formidable state of defense against foreign enemies.

When did the independent states, into which Britain and Spain were formerly divided, combine in such alliance, or unite their forces against a foreign enemy? The proposed confederacies will be DISTINCT NATIONS. Each of them would have its commerce with foreigners to regulate by distinct treaties; and as their productions and commodities are different and proper for different markets, so would those treaties be essentially different. Different commercial concerns must create different interests, and of course different degrees of political attachment to and connection with different foreign nations. Hence it might and probably would happen that the foreign nation with whom the SOUTHERN confederacy might be at war would be the one with whom the NORTHERN confederacy would be the most desirous of preserving peace and friendship. An alliance so contrary to their immediate interest would not therefore be easy to form, nor, if formed, would it be observed and fulfilled with perfect good faith.

Nay, it is far more probable that in America, as in Europe, neighboring nations, acting under the impulse of opposite interests and unfriendly passions, would frequently be found taking different sides. Considering our distance from Europe, it would be more natural for these confederacies to apprehend danger from one another than from distant nations, and therefore that each of them should be more desirous to guard against the others by the aid of foreign alliances, than to guard against foreign dangers by alliances between themselves. And here let us not forget how much more easy it is to receive foreign fleets into our ports, and foreign armies into our country, than it is to persuade or compel them to depart. How many conquests did the Romans and others make in the characters of allies, and what innovations did they under the same character introduce into the governments of those whom they pretended to protect.

Let candid men judge, then, whether the division of America into any given number of independent sovereignties would tend to secure us against the hostilities and improper interference of foreign nations.

PUBLIUS.

Concerning Dangers from Dissensions Between the States
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

THE three last numbers of this paper have been dedicated to an enumeration of the dangers to which we should be exposed, in a state of disunion, from the arms and arts of foreign nations. I shall now proceed to delineate dangers of a different and, perhaps, still more alarming kind–those which will in all probability flow from dissensions between the States themselves, and from domestic factions and convulsions. These have been already in some instances slightly anticipated; but they deserve a more particular and more full investigation.

A man must be far gone in Utopian speculations who can seriously doubt that, if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other. To presume a want of motives for such contests as an argument against their existence, would be to forget that men are ambitious, vindictive, and rapacious. To look for a continuation of harmony between a number of independent, unconnected sovereignties in the same neighborhood, would be to disregard the uniform course of human events, and to set at defiance the accumulated experience of ages.

The causes of hostility among nations are innumerable. There are some which have a general and almost constant operation upon the collective bodies of society. Of this description are the love of power or the desire of pre-eminence and dominion–the jealousy of power, or the desire of equality and safety. There are others which have a more circumscribed though an equally operative influence within their spheres. Such are the rivalships and competitions of commerce between commercial nations. And there are others, not less numerous than either of the former, which take their origin entirely in private passions; in the attachments, enmities, interests, hopes, and fears of leading individuals in the communities of which they are members. Men of this class, whether the favorites of a king or of a people, have in too many instances abused the confidence they possessed; and assuming the pretext of some public motive, have not scrupled to sacrifice the national tranquillity to personal advantage or personal gratification.

The celebrated Pericles, in compliance with the resentment of a prostitute, [1] at the expense of much of the blood and treasure of his countrymen, attacked, vanquished, and destroyed the city of the SAMNIANS. The same man, stimulated by private pique against the MEGARENSIANS, [2] another nation of Greece, or to avoid a prosecution with which he was threatened as an accomplice of a supposed theft of the statuary Phidias, [3] or to get rid of the accusations prepared to be brought against him for dissipating the funds of the state in the purchase of popularity, [4] or from a combination of all these causes, was the primitive author of that famous and fatal war, distinguished in the Grecian annals by the name of the PELOPONNESIAN war; which, after various vicissitudes, intermissions, and renewals, terminated in the ruin of the Athenian commonwealth.

The ambitious cardinal, who was prime minister to Henry VIII., permitting his vanity to aspire to the triple crown, [5] entertained hopes of succeeding in the acquisition of that splendid prize by the influence of the Emperor Charles V. To secure the favor and interest of this enterprising and powerful monarch, he precipitated England into a war with France, contrary to the plainest dictates of policy, and at the hazard of the safety and independence, as well of the kingdom over which he presided by his counsels, as of Europe in general. For if there ever was a sovereign who bid fair to realize the project of universal monarchy, it was the Emperor Charles V., of whose intrigues Wolsey was at once the instrument and the dupe.

The influence which the bigotry of one female, [6] the petulance of another, [7] and the cabals of a third, [8] had in the contemporary policy, ferments, and pacifications, of a considerable part of Europe, are topics that have been too often descanted upon not to be generally known.

To multiply examples of the agency of personal considerations in the production of great national events, either foreign or domestic, according to their direction, would be an unnecessary waste of time. Those who have but a superficial acquaintance with the sources from which they are to be drawn, will themselves recollect a variety of instances; and those who have a tolerable knowledge of human nature will not stand in need of such lights to form their opinion either of the reality or extent of that agency. Perhaps, however, a reference, tending to illustrate the general principle, may with propriety be made to a case which has lately happened among ourselves. If Shays had not been a DESPERATE DEBTOR, it is much to be doubted whether Massachusetts would have been plunged into a civil war.

But notwithstanding the concurring testimony of experience, in this particular, there are still to be found visionary or designing men, who stand ready to advocate the paradox of perpetual peace between the States, though dismembered and alienated from each other. 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.

Is it not (we may ask these projectors in politics) the true interest of all nations to cultivate the same benevolent and philosophic spirit? If this be their true interest, have they in fact pursued it? Has it not, on the contrary, invariably been found that momentary passions, and immediate interest, have a more active and imperious control over human conduct than general or remote considerations of policy, utility or justice? Have republics in practice been less addicted to war than monarchies? Are not the former administered by MEN as well as the latter? Are there not aversions, predilections, rivalships, and desires of unjust acquisitions, that affect nations as well as kings? Are not popular assemblies frequently subject to the impulses of rage, resentment, jealousy, avarice, and of other irregular and violent propensities? Is it not well known that their determinations are often governed by a few individuals in whom they place confidence, and are, of course, liable to be tinctured by the passions and views of those individuals? Has commerce hitherto done anything more than change the objects of war? Is not the love of wealth as domineering and enterprising a passion as that of power or glory? Have there not been as many wars founded upon commercial motives since that has become the prevailing system of nations, as were before occasioned by the cupidity of territory or dominion? Has not the spirit of commerce, in many instances, administered new incentives to the appetite, both for the one and for the other? Let experience, the least fallible guide of human opinions, be appealed to for an answer to these inquiries.

Sparta, Athens, Rome, and Carthage were all republics; two of them, Athens and Carthage, of the commercial kind. Yet were they as often engaged in wars, offensive and defensive, as the neighboring monarchies of the same times. Sparta was little better than a wellregulated camp; and Rome was never sated of carnage and conquest.

Carthage, though a commercial republic, was the aggressor in the very war that ended in her destruction. Hannibal had carried her arms into the heart of Italy and to the gates of Rome, before Scipio, in turn, gave him an overthrow in the territories of Carthage, and made a conquest of the commonwealth.

Venice, in later times, figured more than once in wars of ambition, till, becoming an object to the other Italian states, Pope Julius II. found means to accomplish that formidable league, [9] which gave a deadly blow to the power and pride of this haughty republic.

The provinces of Holland, till they were overwhelmed in debts and taxes, took a leading and conspicuous part in the wars of Europe. They had furious contests with England for the dominion of the sea, and were among the most persevering and most implacable of the opponents of Louis XIV.

In the government of Britain the representatives of the people compose one branch of the national legislature. Commerce has been for ages the predominant pursuit of that country. Few nations, nevertheless, have been more frequently engaged in war; and the wars in which that kingdom has been engaged have, in numerous instances, proceeded from the people.

There have been, if I may so express it, almost as many popular as royal wars. The cries of the nation and the importunities of their representatives have, upon various occasions, dragged their monarchs into war, or continued them in it, contrary to their inclinations, and sometimes contrary to the real interests of the State. In that memorable struggle for superiority between the rival houses of AUSTRIA and BOURBON, which so long kept Europe in a flame, it is well known that the antipathies of the English against the French, seconding the ambition, or rather the avarice, of a favorite leader, [10] protracted the war beyond the limits marked out by sound policy, and for a considerable time in opposition to the views of the court.

The wars of these two last-mentioned nations have in a great measure grown out of commercial considerations,–the desire of supplanting and the fear of being supplanted, either in particular branches of traffic or in the general advantages of trade and navigation.

From this summary of what has taken place in other countries, whose situations have borne the nearest resemblance to our own, what reason can we have to confide in those reveries which would seduce us into an expectation of peace and cordiality between the members of the present confederacy, in a state of separation? Have we not already seen enough of the fallacy and extravagance of those idle theories which have amused us with promises of an exemption from the imperfections, weaknesses and evils incident to society in every shape? Is it not time to awake from the deceitful dream of a golden age, and to adopt as a practical maxim for the direction of our political conduct that we, as well as the other inhabitants of the globe, are yet remote from the happy empire of perfect wisdom and perfect virtue?

Let the point of extreme depression to which our national dignity and credit have sunk, let the inconveniences felt everywhere from a lax and ill administration of government, let the revolt of a part of the State of North Carolina, the late menacing disturbances in Pennsylvania, and the actual insurrections and rebellions in Massachusetts, declare–!

So far is the general sense of mankind from corresponding with the tenets of those who endeavor to lull asleep our apprehensions of discord and hostility between the States, in the event of disunion, that it has from long observation of the progress of society become a sort of axiom in politics, that vicinity or nearness of situation, constitutes nations natural enemies. An intelligent writer expresses himself on this subject to this effect: “NEIGHBORING NATIONS (says he) are naturally enemies of each other unless their common weakness forces them to league in a CONFEDERATE REPUBLIC, and their constitution prevents the differences that neighborhood occasions, extinguishing that secret jealousy which disposes all states to aggrandize themselves at the expense of their neighbors.” [11] This passage, at the same time, points out the EVIL and suggests the REMEDY.

PUBLIUS.

The Same Subject Continued: Concerning Dangers from Dissensions Between the States
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

IT IS sometimes asked, with an air of seeming triumph, what inducements could the States have, if disunited, to make war upon each other? It would be a full answer to this question to say–precisely the same inducements which have, at different times, deluged in blood all the nations in the world. But, unfortunately for us, the question admits of a more particular answer. There are causes of differences within our immediate contemplation, of the tendency of which, even under the restraints of a federal constitution, we have had sufficient experience to enable us to form a judgment of what might be expected if those restraints were removed.

Territorial disputes have at all times been found one of the most fertile sources of hostility among nations. Perhaps the greatest proportion of wars that have desolated the earth have sprung from this origin. This cause would exist among us in full force. We have a vast tract of unsettled territory within the boundaries of the United States. There still are discordant and undecided claims between several of them, and the dissolution of the Union would lay a foundation for similar claims between them all. It is well known that they have heretofore had serious and animated discussion concerning the rights to the lands which were ungranted at the time of the Revolution, and which usually went under the name of crown lands. The States within the limits of whose colonial governments they were comprised have claimed them as their property, the others have contended that the rights of the crown in this article devolved upon the Union; especially as to all that part of the Western territory which, either by actual possession, or through the submission of the Indian proprietors, was subjected to the jurisdiction of the king of Great Britain, till it was relinquished in the treaty of peace. This, it has been said, was at all events an acquisition to the Confederacy by compact with a foreign power. It has been the prudent policy of Congress to appease this controversy, by prevailing upon the States to make cessions to the United States for the benefit of the whole. This has been so far accomplished as, under a continuation of the Union, to afford a decided prospect of an amicable termination of the dispute. A dismemberment of the Confederacy, however, would revive this dispute, and would create others on the same subject. At present, a large part of the vacant Western territory is, by cession at least, if not by any anterior right, the common property of the Union. If that were at an end, the States which made the cession, on a principle of federal compromise, would be apt when the motive of the grant had ceased, to reclaim the lands as a reversion. The other States would no doubt insist on a proportion, by right of representation. Their argument would be, that a grant, once made, could not be revoked; and that the justice of participating in territory acquired or secured by the joint efforts of the Confederacy, remained undiminished. If, contrary to probability, it should be admitted by all the States, that each had a right to a share of this common stock, there would still be a difficulty to be surmounted, as to a proper rule of apportionment. Different principles would be set up by different States for this purpose; and as they would affect the opposite interests of the parties, they might not easily be susceptible of a pacific adjustment.

In the wide field of Western territory, therefore, we perceive an ample theatre for hostile pretensions, without any umpire or common judge to interpose between the contending parties. To reason from the past to the future, we shall have good ground to apprehend, that the sword would sometimes be appealed to as the arbiter of their differences. The circumstances of the dispute between Connecticut and Pennsylvania, respecting the land at Wyoming, admonish us not to be sanguine in expecting an easy accommodation of such differences. The articles of confederation obliged the parties to submit the matter to the decision of a federal court. The submission was made, and the court decided in favor of Pennsylvania. But Connecticut gave strong indications of dissatisfaction with that determination; nor did she appear to be entirely resigned to it, till, by negotiation and management, something like an equivalent was found for the loss she supposed herself to have sustained. Nothing here said is intended to convey the slightest censure on the conduct of that State. She no doubt sincerely believed herself to have been injured by the decision; and States, like individuals, acquiesce with great reluctance in determinations to their disadvantage.

Those who had an opportunity of seeing the inside of the transactions which attended the progress of the controversy between this State and the district of Vermont, can vouch the opposition we experienced, as well from States not interested as from those which were interested in the claim; and can attest the danger to which the peace of the Confederacy might have been exposed, had this State attempted to assert its rights by force. Two motives preponderated in that opposition: one, a jealousy entertained of our future power; and the other, the interest of certain individuals of influence in the neighboring States, who had obtained grants of lands under the actual government of that district. Even the States which brought forward claims, in contradiction to ours, seemed more solicitous to dismember this State, than to establish their own pretensions. These were New Hampshire, Massachusetts, and Connecticut. New Jersey and Rhode Island, upon all occasions, discovered a warm zeal for the independence of Vermont; and Maryland, till alarmed by the appearance of a connection between Canada and that State, entered deeply into the same views. These being small States, saw with an unfriendly eye the perspective of our growing greatness. In a review of these transactions we may trace some of the causes which would be likely to embroil the States with each other, if it should be their unpropitious destiny to become disunited.

The competitions of commerce would be another fruitful source of contention. The States less favorably circumstanced would be desirous of escaping from the disadvantages of local situation, and of sharing in the advantages of their more fortunate neighbors. Each State, or separate confederacy, would pursue a system of commercial policy peculiar to itself. This would occasion distinctions, preferences, and exclusions, which would beget discontent. The habits of intercourse, on the basis of equal privileges, to which we have been accustomed since the earliest settlement of the country, would give a keener edge to those causes of discontent than they would naturally have independent of this circumstance. WE SHOULD BE READY TO DENOMINATE INJURIES THOSE THINGS WHICH WERE IN REALITY THE JUSTIFIABLE ACTS OF INDEPENDENT SOVEREIGNTIES CONSULTING A DISTINCT INTEREST. The spirit of enterprise, which characterizes the commercial part of America, has left no occasion of displaying itself unimproved. It is not at all probable that this unbridled spirit would pay much respect to those regulations of trade by which particular States might endeavor to secure exclusive benefits to their own citizens. The infractions of these regulations, on one side, the efforts to prevent and repel them, on the other, would naturally lead to outrages, and these to reprisals and wars.

The opportunities which some States would have of rendering others tributary to them by commercial regulations would be impatiently submitted to by the tributary States. The relative situation of New York, Connecticut, and New Jersey would afford an example of this kind. New York, from the necessities of revenue, must lay duties on her importations. A great part of these duties must be paid by the inhabitants of the two other States in the capacity of consumers of what we import. New York would neither be willing nor able to forego this advantage. Her citizens would not consent that a duty paid by them should be remitted in favor of the citizens of her neighbors; nor would it be practicable, if there were not this impediment in the way, to distinguish the customers in our own markets. Would Connecticut and New Jersey long submit to be taxed by New York for her exclusive benefit? Should we be long permitted to remain in the quiet and undisturbed enjoyment of a metropolis, from the possession of which we derived an advantage so odious to our neighbors, and, in their opinion, so oppressive? Should we be able to preserve it against the incumbent weight of Connecticut on the one side, and the co-operating pressure of New Jersey on the other? These are questions that temerity alone will answer in the affirmative.

The public debt of the Union would be a further cause of collision between the separate States or confederacies. The apportionment, in the first instance, and the progressive extinguishment afterward, would be alike productive of ill-humor and animosity. How would it be possible to agree upon a rule of apportionment satisfactory to all? There is scarcely any that can be proposed which is entirely free from real objections. These, as usual, would be exaggerated by the adverse interest of the parties. There are even dissimilar views among the States as to the general principle of discharging the public debt. Some of them, either less impressed with the importance of national credit, or because their citizens have little, if any, immediate interest in the question, feel an indifference, if not a repugnance, to the payment of the domestic debt at any rate. These would be inclined to magnify the difficulties of a distribution. Others of them, a numerous body of whose citizens are creditors to the public beyond proportion of the State in the total amount of the national debt, would be strenuous for some equitable and effective provision. The procrastinations of the former would excite the resentments of the latter. The settlement of a rule would, in the meantime, be postponed by real differences of opinion and affected delays. The citizens of the States interested would clamour; foreign powers would urge for the satisfaction of their just demands, and the peace of the States would be hazarded to the double contingency of external invasion and internal contention.

Suppose the difficulties of agreeing upon a rule surmounted, and the apportionment made. Still there is great room to suppose that the rule agreed upon would, upon experiment, be found to bear harder upon some States than upon others. Those which were sufferers by it would naturally seek for a mitigation of the burden. The others would as naturally be disinclined to a revision, which was likely to end in an increase of their own incumbrances. Their refusal would be too plausible a pretext to the complaining States to withhold their contributions, not to be embraced with avidity; and the non-compliance of these States with their engagements would be a ground of bitter discussion and altercation. If even the rule adopted should in practice justify the equality of its principle, still delinquencies in payments on the part of some of the States would result from a diversity of other causes–the real deficiency of resources; the mismanagement of their finances; accidental disorders in the management of the government; and, in addition to the rest, the reluctance with which men commonly part with money for purposes that have outlived the exigencies which produced them, and interfere with the supply of immediate wants. Delinquencies, from whatever causes, would be productive of complaints, recriminations, and quarrels. There is, perhaps, nothing more likely to disturb the tranquillity of nations than their being bound to mutual contributions for any common object that does not yield an equal and coincident benefit. For it is an observation, as true as it is trite, that there is nothing men differ so readily about as the payment of money.

Laws in violation of private contracts, as they amount to aggressions on the rights of those States whose citizens are injured by them, may be considered as another probable source of hostility. We are not authorized to expect that a more liberal or more equitable spirit would preside over the legislations of the individual States hereafter, if unrestrained by any additional checks, than we have heretofore seen in too many instances disgracing their several codes. We have observed the disposition to retaliation excited in Connecticut in consequence of the enormities perpetrated by the Legislature of Rhode Island; and we reasonably infer that, in similar cases, under other circumstances, a war, not of PARCHMENT, but of the sword, would chastise such atrocious breaches of moral obligation and social justice.

The probability of incompatible alliances between the different States or confederacies and different foreign nations, and the effects of this situation upon the peace of the whole, have been sufficiently unfolded in some preceding papers. From the view they have exhibited of this part of the subject, this conclusion is to be drawn, that America, if not connected at all, or only by the feeble tie of a simple league, offensive and defensive, would, by the operation of such jarring alliances, be gradually entangled in all the pernicious labyrinths of European politics and wars; and by the destructive contentions of the parts into which she was divided, would be likely to become a prey to the artifices and machinations of powers equally the enemies of them all. Divide et impera [1] must be the motto of every nation that either hates or fears us. [2]

PUBLIUS.

The Consequences of Hostilities Between the States
From the New York Packet.
Tuesday, November 20, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

ASSUMING it therefore as an established truth that the several States, in case of disunion, or such combinations of them as might happen to be formed out of the wreck of the general Confederacy, would be subject to those vicissitudes of peace and war, of friendship and enmity, with each other, which have fallen to the lot of all neighboring nations not united under one government, let us enter into a concise detail of some of the consequences that would attend such a situation.

War between the States, in the first period of their separate existence, would be accompanied with much greater distresses than it commonly is in those countries where regular military establishments have long obtained. The disciplined armies always kept on foot on the continent of Europe, though they bear a malignant aspect to liberty and economy, have, notwithstanding, been productive of the signal advantage of rendering sudden conquests impracticable, and of preventing that rapid desolation which used to mark the progress of war prior to their introduction. The art of fortification has contributed to the same ends. The nations of Europe are encircled with chains of fortified places, which mutually obstruct invasion. Campaigns are wasted in reducing two or three frontier garrisons, to gain admittance into an enemy’s country. Similar impediments occur at every step, to exhaust the strength and delay the progress of an invader. Formerly, an invading army would penetrate into the heart of a neighboring country almost as soon as intelligence of its approach could be received; but now a comparatively small force of disciplined troops, acting on the defensive, with the aid of posts, is able to impede, and finally to frustrate, the enterprises of one much more considerable. The history of war, in that quarter of the globe, is no longer a history of nations subdued and empires overturned, but of towns taken and retaken; of battles that decide nothing; of retreats more beneficial than victories; of much effort and little acquisition.

In this country the scene would be altogether reversed. The jealousy of military establishments would postpone them as long as possible. The want of fortifications, leaving the frontiers of one state open to another, would facilitate inroads. The populous States would, with little difficulty, overrun their less populous neighbors. Conquests would be as easy to be made as difficult to be retained. War, therefore, would be desultory and predatory. PLUNDER and devastation ever march in the train of irregulars. The calamities of individuals would make the principal figure in the events which would characterize our military exploits.

This picture is not too highly wrought; though, I confess, it would not long remain a just one. Safety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free.

The institutions chiefly alluded to are STANDING ARMIES and the correspondent appendages of military establishments. Standing armies, it is said, are not provided against in the new Constitution; and it is therefore inferred that they may exist under it. [1] Their existence, however, from the very terms of the proposition, is, at most, problematical and uncertain. But standing armies, it may be replied, must inevitably result from a dissolution of the Confederacy. Frequent war and constant apprehension, which require a state of as constant preparation, will infallibly produce them. The weaker States or confederacies would first have recourse to them, to put themselves upon an equality with their more potent neighbors. They would endeavor to supply the inferiority of population and resources by a more regular and effective system of defense, by disciplined troops, and by fortifications. They would, at the same time, be necessitated to strengthen the executive arm of government, in doing which their constitutions would acquire a progressive direction toward monarchy. It is of the nature of war to increase the executive at the expense of the legislative authority.

The expedients which have been mentioned would soon give the States or confederacies that made use of them a superiority over their neighbors. Small states, or states of less natural strength, under vigorous governments, and with the assistance of disciplined armies, have often triumphed over large states, or states of greater natural strength, which have been destitute of these advantages. Neither the pride nor the safety of the more important States or confederacies would permit them long to submit to this mortifying and adventitious superiority. They would quickly resort to means similar to those by which it had been effected, to reinstate themselves in their lost pre-eminence. Thus, we should, in a little time, see established in every part of this country the same engines of despotism which have been the scourge of the Old World. This, at least, would be the natural course of things; and our reasonings will be the more likely to be just, in proportion as they are accommodated to this standard.

These are not vague inferences drawn from supposed or speculative defects in a Constitution, the whole power of which is lodged in the hands of a people, or their representatives and delegates, but they are solid conclusions, drawn from the natural and necessary progress of human affairs.

It may, perhaps, be asked, by way of objection to this, why did not standing armies spring up out of the contentions which so often distracted the ancient republics of Greece? Different answers, equally satisfactory, may be given to this question. The industrious habits of the people of the present day, absorbed in the pursuits of gain, and devoted to the improvements of agriculture and commerce, are incompatible with the condition of a nation of soldiers, which was the true condition of the people of those republics. The means of revenue, which have been so greatly multiplied by the increase of gold and silver and of the arts of industry, and the science of finance, which is the offspring of modern times, concurring with the habits of nations, have produced an entire revolution in the system of war, and have rendered disciplined armies, distinct from the body of the citizens, the inseparable companions of frequent hostility.

There is a wide difference, also, between military establishments in a country seldom exposed by its situation to internal invasions, and in one which is often subject to them, and always apprehensive of them. The rulers of the former can have a good pretext, if they are even so inclined, to keep on foot armies so numerous as must of necessity be maintained in the latter. These armies being, in the first case, rarely, if at all, called into activity for interior defense, the people are in no danger of being broken to military subordination. The laws are not accustomed to relaxations, in favor of military exigencies; the civil state remains in full vigor, neither corrupted, nor confounded with the principles or propensities of the other state. The smallness of the army renders the natural strength of the community an over-match for it; and the citizens, not habituated to look up to the military power for protection, or to submit to its oppressions, neither love nor fear the soldiery; they view them with a spirit of jealous acquiescence in a necessary evil, and stand ready to resist a power which they suppose may be exerted to the prejudice of their rights. The army under such circumstances may usefully aid the magistrate to suppress a small faction, or an occasional mob, or insurrection; but it will be unable to enforce encroachments against the united efforts of the great body of the people.

In a country in the predicament last described, the contrary of all this happens. The perpetual menacings of danger oblige the government to be always prepared to repel it; its armies must be numerous enough for instant defense. The continual necessity for their services enhances the importance of the soldier, and proportionably degrades the condition of the citizen. The military state becomes elevated above the civil. The inhabitants of territories, often the theatre of war, are unavoidably subjected to frequent infringements on their rights, which serve to weaken their sense of those rights; and by degrees the people are brought to consider the soldiery not only as their protectors, but as their superiors. The transition from this disposition to that of considering them masters, is neither remote nor difficult; but it is very difficult to prevail upon a people under such impressions, to make a bold or effectual resistance to usurpations supported by the military power.

The kingdom of Great Britain falls within the first description. An insular situation, and a powerful marine, guarding it in a great measure against the possibility of foreign invasion, supersede the necessity of a numerous army within the kingdom. A sufficient force to make head against a sudden descent, till the militia could have time to rally and embody, is all that has been deemed requisite. No motive of national policy has demanded, nor would public opinion have tolerated, a larger number of troops upon its domestic establishment. There has been, for a long time past, little room for the operation of the other causes, which have been enumerated as the consequences of internal war. This peculiar felicity of situation has, in a great degree, contributed to preserve the liberty which that country to this day enjoys, in spite of the prevalent venality and corruption. If, on the contrary, Britain had been situated on the continent, and had been compelled, as she would have been, by that situation, to make her military establishments at home coextensive with those of the other great powers of Europe, she, like them, would in all probability be, at this day, a victim to the absolute power of a single man. ‘T is possible, though not easy, that the people of that island may be enslaved from other causes; but it cannot be by the prowess of an army so inconsiderable as that which has been usually kept up within the kingdom.

If we are wise enough to preserve the Union we may for ages enjoy an advantage similar to that of an insulated situation. Europe is at a great distance from us. Her colonies in our vicinity will be likely to continue too much disproportioned in strength to be able to give us any dangerous annoyance. Extensive military establishments cannot, in this position, be necessary to our security. But if we should be disunited, and the integral parts should either remain separated, or, which is most probable, should be thrown together into two or three confederacies, we should be, in a short course of time, in the predicament of the continental powers of Europe –our liberties would be a prey to the means of defending ourselves against the ambition and jealousy of each other.

This is an idea not superficial or futile, but solid and weighty. It deserves the most serious and mature consideration of every prudent and honest man of whatever party. If such men will make a firm and solemn pause, and meditate dispassionately on the importance of this interesting idea; if they will contemplate it in all its attitudes, and trace it to all its consequences, they will not hesitate to part with trivial objections to a Constitution, the rejection of which would in all probability put a final period to the Union. The airy phantoms that flit before the distempered imaginations of some of its adversaries would quickly give place to the more substantial forms of dangers, real, certain, and formidable.

PUBLIUS.

The Union as a Safeguard Against Domestic Faction and Insurrection
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

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 revolutions by which they were kept in a state of perpetual vibration between the extremes of tyranny and anarchy. If they exhibit occasional calms, these only serve as short-lived contrast to the furious storms that are to succeed. If now and then intervals of felicity open to view, we behold them with a mixture of regret, arising from the reflection that the pleasing scenes before us are soon to be overwhelmed by the tempestuous waves of sedition and party rage. If momentary rays of glory break forth from the gloom, while they dazzle us with a transient and fleeting brilliancy, they at the same time admonish us to lament that the vices of government should pervert the direction and tarnish the lustre of those bright talents and exalted endowments for which the favored soils that produced them have been so justly celebrated.

From the disorders that disfigure the annals of those republics the advocates of despotism have drawn arguments, not only against the forms of republican government, but against the very principles of civil liberty. They have decried all free government as inconsistent with the order of society, and have indulged themselves in malicious exultation over its friends and partisans. Happily for mankind, stupendous fabrics reared on the basis of liberty, which have flourished for ages, have, in a few glorious instances, refuted their gloomy sophisms. And, I trust, America will be the broad and solid foundation of other edifices, not less magnificent, which will be equally permanent monuments of their errors.

But it is not to be denied that the portraits they have sketched of republican government were too just copies of the originals from which they were taken. If it had been found impracticable to have devised models of a more perfect structure, the enlightened friends to liberty would have been obliged to abandon the cause of that species of government as indefensible. The science of politics, however, like most other sciences, has received great improvement. The efficacy of various principles is now well understood, which were either not known at all, or imperfectly known to the ancients. The regular distribution of power into distinct departments; the introduction of legislative balances and checks; the institution of courts composed of judges holding their offices during good behavior; the representation of the people in the legislature by deputies of their own election: these are wholly new discoveries, or have made their principal progress towards perfection in modern times. They are means, and powerful means, by which the excellences of republican government may be retained and its imperfections lessened or avoided. To this catalogue of circumstances that tend to the amelioration of popular systems of civil government, I shall venture, however novel it may appear to some, to add one more, on a principle which has been made the foundation of an objection to the new Constitution; I mean the ENLARGEMENT of the ORBIT within which such systems are to revolve, either in respect to the dimensions of a single State or to the consolidation of several smaller States into one great Confederacy. The latter is that which immediately concerns the object under consideration. It will, however, be of use to examine the principle in its application to a single State, which shall be attended to in another place.

The utility of a Confederacy, as well to suppress faction and to guard the internal tranquillity of States, as to increase their external force and security, is in reality not a new idea. It has been practiced upon in different countries and ages, and has received the sanction of the most approved writers on the subject of politics. The opponents of the plan proposed have, with great assiduity, cited and circulated the observations of Montesquieu on the necessity of a contracted territory for a republican government. But they seem not to have been apprised of the sentiments of that great man expressed in another part of his work, nor to have adverted to the consequences of the principle to which they subscribe with such ready acquiescence.

When Montesquieu recommends a small extent for republics, the standards he had in view were of dimensions far short of the limits of almost every one of these States. Neither Virginia, Massachusetts, Pennsylvania, New York, North Carolina, nor Georgia can by any means be compared with the models from which he reasoned and to which the terms of his description apply. If we therefore take his ideas on this point as the criterion of truth, we shall be driven to the alternative either of taking refuge at once in the arms of monarchy, or of splitting ourselves into an infinity of little, jealous, clashing, tumultuous commonwealths, the wretched nurseries of unceasing discord, and the miserable objects of universal pity or contempt. Some of the writers who have come forward on the other side of the question seem to have been aware of the dilemma; and have even been bold enough to hint at the division of the larger States as a desirable thing. Such an infatuated policy, such a desperate expedient, might, by the multiplication of petty offices, answer the views of men who possess not qualifications to extend their influence beyond the narrow circles of personal intrigue, but it could never promote the greatness or happiness of the people of America.

Referring the examination of the principle itself to another place, as has been already mentioned, it will be sufficient to remark here that, in the sense of the author who has been most emphatically quoted upon the occasion, it would only dictate a reduction of the SIZE of the more considerable MEMBERS of the Union, but would not militate against their being all comprehended in one confederate government. And this is the true question, in the discussion of which we are at present interested.

So far are the suggestions of Montesquieu from standing in opposition to a general Union of the States, that he explicitly treats of a CONFEDERATE REPUBLIC as the expedient for extending the sphere of popular government, and reconciling the advantages of monarchy with those of republicanism.

“It is very probable,” (says he [1] ) “that mankind would have been obliged at length to live constantly under the government of a single person, had they not contrived a kind of constitution that has all the internal advantages of a republican, together with the external force of a monarchical government. I mean a CONFEDERATE REPUBLIC.

“This form of government is a convention by which several smaller STATES agree to become members of a larger ONE, which they intend to form. It is a kind of assemblage of societies that constitute a new one, capable of increasing, by means of new associations, till they arrive to such a degree of power as to be able to provide for the security of the united body.

“A republic of this kind, able to withstand an external force, may support itself without any internal corruptions. The form of this society prevents all manner of inconveniences.

“If a single member should attempt to usurp the supreme authority, he could not be supposed to have an equal authority and credit in all the confederate states. Were he to have too great influence over one, this would alarm the rest. Were he to subdue a part, that which would still remain free might oppose him with forces independent of those which he had usurped and overpower him before he could be settled in his usurpation.

“Should a popular insurrection happen in one of the confederate states the others are able to quell it. Should abuses creep into one part, they are reformed by those that remain sound. The state may be destroyed on one side, and not on the other; the confederacy may be dissolved, and the confederates preserve their sovereignty.

“As this government is composed of small republics, it enjoys the internal happiness of each; and with respect to its external situation, it is possessed, by means of the association, of all the advantages of large monarchies.”

I have thought it proper to quote at length these interesting passages, because they contain a luminous abridgment of the principal arguments in favor of the Union, and must effectually remove the false impressions which a misapplication of other parts of the work was calculated to make. They have, at the same time, an intimate connection with the more immediate design of this paper; which is, to illustrate the tendency of the Union to repress domestic faction and insurrection.

A distinction, more subtle than accurate, has been raised between a CONFEDERACY and a CONSOLIDATION of the States. The essential characteristic of the first is said to be, the restriction of its authority to the members in their collective capacities, without reaching to the individuals of whom they are composed. It is contended that the national council ought to have no concern with any object of internal administration. An exact equality of suffrage between the members has also been insisted upon as a leading feature of a confederate government. These positions are, in the main, arbitrary; they are supported neither by principle nor precedent. It has indeed happened, that governments of this kind have generally operated in the manner which the distinction taken notice of, supposes to be inherent in their nature; but there have been in most of them extensive exceptions to the practice, which serve to prove, as far as example will go, that there is no absolute rule on the subject. And it will be clearly shown in the course of this investigation that as far as the principle contended for has prevailed, it has been the cause of incurable disorder and imbecility in the government.

The definition of a CONFEDERATE REPUBLIC seems simply to be “an assemblage of societies,” or an association of two or more states into one state. The extent, modifications, and objects of the federal authority are mere matters of discretion. So long as the separate organization of the members be not abolished; so long as it exists, by a constitutional necessity, for local purposes; though it should be in perfect subordination to the general authority of the union, it would still be, in fact and in theory, an association of states, or a confederacy. 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.

In the Lycian confederacy, which consisted of twenty-three CITIES or republics, the largest were entitled to THREE votes in the COMMON COUNCIL, those of the middle class to TWO, and the smallest to ONE. The COMMON COUNCIL had the appointment of all the judges and magistrates of the respective CITIES. This was certainly the most, delicate species of interference in their internal administration; for if there be any thing that seems exclusively appropriated to the local jurisdictions, it is the appointment of their own officers. Yet Montesquieu, speaking of this association, says: “Were I to give a model of an excellent Confederate Republic, it would be that of Lycia.” Thus we perceive that the distinctions insisted upon were not within the contemplation of this enlightened civilian; and we shall be led to conclude, that they are the novel refinements of an erroneous theory.

PUBLIUS.

The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection
From the New York Packet.
Friday, November 23, 1787.

Author: James Madison

To the People of the State of New York:

AMONG the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it. The instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations. The valuable improvements made by the American constitutions on the popular models, both ancient and modern, cannot certainly be too much admired; but it would be an unwarrantable partiality, to contend that they have as effectually obviated the danger on this side, as was wished and expected. Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. However anxiously we may wish that these complaints had no foundation, the evidence, of known facts will not permit us to deny that they are in some degree true. It will be found, indeed, on a candid review of our situation, that some of the distresses under which we labor have been erroneously charged on the operation of our governments; but it will be found, at the same time, that other causes will not alone account for many of our heaviest misfortunes; and, particularly, for that prevailing and increasing distrust of public engagements, and alarm for private rights, which are echoed from one end of the continent to the other. These must be chiefly, if not wholly, effects of the unsteadiness and injustice with which a factious spirit has tainted our public administrations.

By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.

There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.

There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.

It could never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.

The second expedient is as impracticable as the first would be unwise. As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed. As long as the connection subsists between his reason and his self-love, his opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will attach themselves. The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.

The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society. A zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously contending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to co-operate for their common good. So strong is this propensity of mankind to fall into mutual animosities, that where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions and excite their most violent conflicts. But the most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government.

No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation, but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between them. Yet the parties are, and must be, themselves the judges; and the most numerous party, or, in other words, the most powerful faction must be expected to prevail. Shall domestic manufactures be encouraged, and in what degree, by restrictions on foreign manufactures? are questions which would be differently decided by the landed and the manufacturing classes, and probably by neither with a sole regard to justice and the public good. The apportionment of taxes on the various descriptions of property is an act which seems to require the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party to trample on the rules of justice. Every shilling with which they overburden the inferior number, is a shilling saved to their own pockets.

It is in vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm. Nor, in many cases, can such an adjustment be made at all without taking into view indirect and remote considerations, which will rarely prevail over the immediate interest which one party may find in disregarding the rights of another or the good of the whole.

The inference to which we are brought is, that the CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS.

If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution. When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed. Let me add that it is the great desideratum by which this form of government can be rescued from the opprobrium under which it has so long labored, and be recommended to the esteem and adoption of mankind.

By what means is this object attainable? Evidently by one of two only. Either the existence of the same passion or interest in a majority at the same time must be prevented, or the majority, having such coexistent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression. If the impulse and the opportunity be suffered to coincide, we well know that neither moral nor religious motives can be relied on as an adequate control. They are not found to be such on the injustice and violence of individuals, and lose their efficacy in proportion to the number combined together, that is, in proportion as their efficacy becomes needful.

From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual. Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions.

A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union.

The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended.

The effect of the first difference is, on the one hand, to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations. Under such a regulation, it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people. The question resulting is, whether small or extensive republics are more favorable to the election of proper guardians of the public weal; and it is clearly decided in favor of the latter by two obvious considerations:

In the first place, it is to be remarked that, however small the republic may be, the representatives must be raised to a certain number, in order to guard against the cabals of a few; and that, however large it may be, they must be limited to a certain number, in order to guard against the confusion of a multitude. Hence, the number of representatives in the two cases not being in proportion to that of the two constituents, and being proportionally greater in the small republic, it follows that, if the proportion of fit characters be not less in the large than in the small republic, the former will present a greater option, and consequently a greater probability of a fit choice.

In the next place, as each representative will be chosen by a greater number of citizens in the large than in the small republic, it will be more difficult for unworthy candidates to practice with success the vicious arts by which elections are too often carried; and the suffrages of the people being more free, will be more likely to centre in men who possess the most attractive merit and the most diffusive and established characters.

It must be confessed that in this, as in most other cases, there is a mean, on both sides of which inconveniences will be found to lie. By enlarging too much the number of electors, you render the representatives too little acquainted with all their local circumstances and lesser interests; as by reducing it too much, you render him unduly attached to these, and too little fit to comprehend and pursue great and national objects. The federal Constitution forms a happy combination in this respect; the great and aggregate interests being referred to the national, the local and particular to the State legislatures.

The other point of difference is, the greater number of citizens and extent of territory which may be brought within the compass of republican than of democratic government; and it is this circumstance principally which renders factious combinations less to be dreaded in the former than in the latter. The smaller the society, the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression. Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other. Besides other impediments, it may be remarked that, where there is a consciousness of unjust or dishonorable purposes, communication is always checked by distrust in proportion to the number whose concurrence is necessary.

Hence, it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic,–is enjoyed by the Union over the States composing it. Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these requisite endowments. Does it consist in the greater security afforded by a greater variety of parties, against the event of any one party being able to outnumber and oppress the rest? In an equal degree does the increased variety of parties comprised within the Union, increase this security. Does it, in fine, consist in the greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the Union gives it the most palpable advantage.

The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State.

In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists.

The Utility of the Union in Respect to Commercial Relations and a Navy
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

THE importance of the Union, in a commercial light, is one of those points about which there is least room to entertain a difference of opinion, and which has, in fact, commanded the most general assent of men who have any acquaintance with the subject. This applies as well to our intercourse with foreign countries as with each other.

There are appearances to authorize a supposition that the adventurous spirit, which distinguishes the commercial character of America, has already excited uneasy sensations in several of the maritime powers of Europe. They seem to be apprehensive of our too great interference in that carrying trade, which is the support of their navigation and the foundation of their naval strength. Those of them which have colonies in America look forward to what this country is capable of becoming, with painful solicitude. They foresee the dangers that may threaten their American dominions from the neighborhood of States, which have all the dispositions, and would possess all the means, requisite to the creation of a powerful marine. Impressions of this kind will naturally indicate the policy of fostering divisions among us, and of depriving us, as far as possible, of an ACTIVE COMMERCE in our own bottoms. This would answer the threefold purpose of preventing our interference in their navigation, of monopolizing the profits of our trade, and of clipping the wings by which we might soar to a dangerous greatness. Did not prudence forbid the detail, it would not be difficult to trace, by facts, the workings of this policy to the cabinets of ministers.

If we continue united, we may counteract a policy so unfriendly to our prosperity in a variety of ways. By prohibitory regulations, extending, at the same time, throughout the States, we may oblige foreign countries to bid against each other, for the privileges of our markets. This assertion will not appear chimerical to those who are able to appreciate the importance of the markets of three millions of people–increasing in rapid progression, for the most part exclusively addicted to agriculture, and likely from local circumstances to remain so–to any manufacturing nation; and the immense difference there would be to the trade and navigation of such a nation, between a direct communication in its own ships, and an indirect conveyance of its products and returns, to and from America, in the ships of another country. Suppose, for instance, we had a government in America, capable of excluding Great Britain (with whom we have at present no treaty of commerce) from all our ports; what would be the probable operation of this step upon her politics? Would it not enable us to negotiate, with the fairest prospect of success, for commercial privileges of the most valuable and extensive kind, in the dominions of that kingdom? When these questions have been asked, upon other occasions, they have received a plausible, but not a solid or satisfactory answer. It has been said that prohibitions on our part would produce no change in the system of Britain, because she could prosecute her trade with us through the medium of the Dutch, who would be her immediate customers and paymasters for those articles which were wanted for the supply of our markets. But would not her navigation be materially injured by the loss of the important advantage of being her own carrier in that trade? Would not the principal part of its profits be intercepted by the Dutch, as a compensation for their agency and risk? Would not the mere circumstance of freight occasion a considerable deduction? Would not so circuitous an intercourse facilitate the competitions of other nations, by enhancing the price of British commodities in our markets, and by transferring to other hands the management of this interesting branch of the British commerce?

A mature consideration of the objects suggested by these questions will justify a belief that the real disadvantages to Britain from such a state of things, conspiring with the pre-possessions of a great part of the nation in favor of the American trade, and with the importunities of the West India islands, would produce a relaxation in her present system, and would let us into the enjoyment of privileges in the markets of those islands elsewhere, from which our trade would derive the most substantial benefits. Such a point gained from the British government, and which could not be expected without an equivalent in exemptions and immunities in our markets, would be likely to have a correspondent effect on the conduct of other nations, who would not be inclined to see themselves altogether supplanted in our trade.

A further resource for influencing the conduct of European nations toward us, in this respect, would arise from the establishment of a federal navy. There can be no doubt that the continuance of the Union under an efficient government would put it in our power, at a period not very distant, to create a navy which, if it could not vie with those of the great maritime powers, would at least be of respectable weight if thrown into the scale of either of two contending parties. This would be more peculiarly the case in relation to operations in the West Indies. A few ships of the line, sent opportunely to the reinforcement of either side, would often be sufficient to decide the fate of a campaign, on the event of which interests of the greatest magnitude were suspended. Our position is, in this respect, a most commanding one. And if to this consideration we add that of the usefulness of supplies from this country, in the prosecution of military operations in the West Indies, it will readily be perceived that a situation so favorable would enable us to bargain with great advantage for commercial privileges. A price would be set not only upon our friendship, but upon our neutrality. By a steady adherence to the Union we may hope, erelong, to become the arbiter of Europe in America, and to be able to incline the balance of European competitions in this part of the world as our interest may dictate.

But in the reverse of this eligible situation, we shall discover that the rivalships of the parts would make them checks upon each other, and would frustrate all the tempting advantages which nature has kindly placed within our reach. In a state so insignificant our commerce would be a prey to the wanton intermeddlings of all nations at war with each other; who, having nothing to fear from us, would with little scruple or remorse, supply their wants by depredations on our property as often as it fell in their way. The rights of neutrality will only be respected when they are defended by an adequate power. A nation, despicable by its weakness, forfeits even the privilege of being neutral.

Under a vigorous national government, the natural strength and resources of the country, directed to a common interest, would baffle all the combinations of European jealousy to restrain our growth. This situation would even take away the motive to such combinations, by inducing an impracticability of success. An active commerce, an extensive navigation, and a flourishing marine would then be the offspring of moral and physical necessity. We might defy the little arts of the little politicians to control or vary the irresistible and unchangeable course of nature.

But in a state of disunion, these combinations might exist and might operate with success. It would be in the power of the maritime nations, availing themselves of our universal impotence, to prescribe the conditions of our political existence; and as they have a common interest in being our carriers, and still more in preventing our becoming theirs, they would in all probability combine to embarrass our navigation in such a manner as would in effect destroy it, and confine us to a PASSIVE COMMERCE. We should then be compelled to content ourselves with the first price of our commodities, and to see the profits of our trade snatched from us to enrich our enemies and p rsecutors. That unequaled spirit of enterprise, which signalizes the genius of the American merchants and navigators, and which is in itself an inexhaustible mine of national wealth, would be stifled and lost, and poverty and disgrace would overspread a country which, with wisdom, might make herself the admiration and envy of the world.

There are rights of great moment to the trade of America which are rights of the Union–I allude to the fisheries, to the navigation of the Western lakes, and to that of the Mississippi. The dissolution of the Confederacy would give room for delicate questions concerning the future existence of these rights; which the interest of more powerful partners would hardly fail to solve to our disadvantage. The disposition of Spain with regard to the Mississippi needs no comment. France and Britain are concerned with us in the fisheries, and view them as of the utmost moment to their navigation. They, of course, would hardly remain long indifferent to that decided mastery, of which experience has shown us to be possessed in this valuable branch of traffic, and by which we are able to undersell those nations in their own markets. What more natural than that they should be disposed to exclude from the lists such dangerous competitors?

This branch of trade ought not to be considered as a partial benefit. All the navigating States may, in different degrees, advantageously participate in it, and under circumstances of a greater extension of mercantile capital, would not be unlikely to do it. As a nursery of seamen, it now is, or when time shall have more nearly assimilated the principles of navigation in the several States, will become, a universal resource. To the establishment of a navy, it must be indispensable.

To this great national object, a NAVY, union will contribute in various ways. Every institution will grow and flourish in proportion to the quantity and extent of the means concentred towards its formation and support. A navy of the United States, as it would embrace the resources of all, is an object far less remote than a navy of any single State or partial confederacy, which would only embrace the resources of a single part. It happens, indeed, that different portions of confederated America possess each some peculiar advantage for this essential establishment. The more southern States furnish in greater abundance certain kinds of naval stores–tar, pitch, and turpentine. Their wood for the construction of ships is also of a more solid and lasting texture. The difference in the duration of the ships of which the navy might be composed, if chiefly constructed of Southern wood, would be of signal importance, either in the view of naval strength or of national economy. Some of the Southern and of the Middle States yield a greater plenty of iron, and of better quality. Seamen must chiefly be drawn from the Northern hive. The necessity of naval protection to external or maritime commerce does not require a particular elucidation, no more than the conduciveness of that species of commerce to the prosperity of a navy.

An unrestrained intercourse between the States themselves will advance the trade of each by an interchange of their respective productions, not only for the supply of reciprocal wants at home, but for exportation to foreign markets. The veins of commerce in every part will be replenished, and will acquire additional motion and vigor from a free circulation of the commodities of every part. Commercial enterprise will have much greater scope, from the diversity in the productions of different States. When the staple of one fails from a bad harvest or unproductive crop, it can call to its aid the staple of another. The variety, not less than the value, of products for exportation contributes to the activity of foreign commerce. It can be conducted upon much better terms with a large number of materials of a given value than with a small number of materials of the same value; arising from the competitions of trade and from the fluctations of markets. Particular articles may be in great demand at certain periods, and unsalable at others; but if there be a variety of articles, it can scarcely happen that they should all be at one time in the latter predicament, and on this account the operations of the merchant would be less liable to any considerable obstruction or stagnation. The speculative trader will at once perceive the force of these observations, and will acknowledge that the aggregate balance of the commerce of the United States would bid fair to be much more favorable than that of the thirteen States without union or with partial unions.

It may perhaps be replied to this, that whether the States are united or disunited, there would still be an intimate intercourse between them which would answer the same ends; this intercourse would be fettered, interrupted, and narrowed by a multiplicity of causes, which in the course of these papers have been amply detailed. A unity of commercial, as well as political, interests, can only result from a unity of government.

There are other points of view in which this subject might be placed, of a striking and animating kind. But they would lead us too far into the regions of futurity, and would involve topics not proper for a newspaper discussion. I shall briefly observe, that our situation invites and our interests prompt us to aim at an ascendant in the system of American affairs. The world may politically, as well as geographically, be divided into four parts, each having a distinct set of interests. Unhappily for the other three, Europe, by her arms and by her negotiations, by force and by fraud, has, in different degrees, extended her dominion over them all. Africa, Asia, and America, have successively felt her domination. The superiority she has long maintained has tempted her to plume herself as the Mistress of the World, and to consider the rest of mankind as created for her benefit. Men admired as profound philosophers have, in direct terms, attributed to her inhabitants a physical superiority, and have gravely asserted that all animals, and with them the human species, degenerate in America–that even dogs cease to bark after having breathed awhile in our atmosphere.[1] Facts have too long supported these arrogant pretensions of the Europeans. It belongs to us to vindicate the honor of the human race, and to teach that assuming brother, moderation. Union will enable us to do it. Disunion will will add another victim to his triumphs. Let Americans disdain to be the instruments of European greatness! Let the thirteen States, bound together in a strict and indissoluble Union, concur in erecting one great American system, superior to the control of all transatlantic force or influence, and able to dictate the terms of the connection between the old and the new world!

PUBLIUS.

The Utility of the Union In Respect to Revenue
From the New York Packet.
Tuesday, November 27, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

THE effects of Union upon the commercial prosperity of the States have been sufficiently delineated. Its tendency to promote the interests of revenue will be the subject of our present inquiry.

The prosperity of commerce is now perceived and acknowledged by all enlightened statesmen to be the most useful as well as the most productive source of national wealth, and has accordingly become a primary object of their political cares. By multipying the means of gratification, by promoting the introduction and circulation of the precious metals, those darling objects of human avarice and enterprise, it serves to vivify and invigorate the channels of industry, and to make them flow with greater activity and copiousness. The assiduous merchant, the laborious husbandman, the active mechanic, and the industrious manufacturer,–all orders of men, look forward with eager expectation and growing alacrity to this pleasing reward of their toils. The often-agitated question between agriculture and commerce has, from indubitable experience, received a decision which has silenced the rivalship that once subsisted between them, and has proved, to the satisfaction of their friends, that their interests are intimately blended and interwoven. It has been found in various countries that, in proportion as commerce has flourished, land has risen in value. And how could it have happened otherwise? Could that which procures a freer vent for the products of the earth, which furnishes new incitements to the cultivation of land, which is the most powerful instrument in increasing the quantity of money in a state–could that, in fine, which is the faithful handmaid of labor and industry, in every shape, fail to augment that article, which is the prolific parent of far the greatest part of the objects upon which they are exerted? It is astonishing that so simple a truth should ever have had an adversary; and it is one, among a multitude of proofs, how apt a spirit of ill-informed jealousy, or of too great abstraction and refinement, is to lead men astray from the plainest truths of reason and conviction.

The ability of a country to pay taxes must always be proportioned, in a great degree, to the quantity of money in circulation, and to the celerity with which it circulates. Commerce, contributing to both these objects, must of necessity render the payment of taxes easier, and facilitate the requisite supplies to the treasury. The hereditary dominions of the Emperor of Germany contain a great extent of fertile, cultivated, and populous territory, a large proportion of which is situated in mild and luxuriant climates. In some parts of this territory are to be found the best gold and silver mines in Europe. And yet, from the want of the fostering influence of commerce, that monarch can boast but slender revenues. He has several times been compelled to owe obligations to the pecuniary succors of other nations for the preservation of his essential interests, and is unable, upon the strength of his own resources, to sustain a long or continued war.

But it is not in this aspect of the subject alone that Union will be seen to conduce to the purpose of revenue. There are other points of view, in which its influence will appear more immediate and decisive. It is evident from the state of the country, from the habits of the people, from the experience we have had on the point itself, that it is impracticable to raise any very considerable sums by direct taxation. Tax laws have in vain been multiplied; new methods to enforce the collection have in vain been tried; the public expectation has been uniformly disappointed, and the treasuries of the States have remained empty. The popular system of administration inherent in the nature of popular government, coinciding with the real scarcity of money incident to a languid and mutilated state of trade, has hitherto defeated every experiment for extensive collections, and has at length taught the different legislatures the folly of attempting them.

No person acquainted with what happens in other countries will be surprised at this circumstance. In so opulent a nation as that of Britain, where direct taxes from superior wealth must be much more tolerable, and, from the vigor of the government, much more practicable, than in America, far the greatest part of the national revenue is derived from taxes of the indirect kind, from imposts, and from excises. Duties on imported articles form a large branch of this latter description.

In America, it is evident that we must a long time depend for the means of revenue chiefly on such duties. In most parts of it, excises must be confined within a narrow compass. The genius of the people will ill brook the inquisitive and peremptory spirit of excise laws. The pockets of the farmers, on the other hand, will reluctantly yield but scanty supplies, in the unwelcome shape of impositions on their houses and lands; and personal property is too precarious and invisible a fund to be laid hold of in any other way than by the inperceptible agency of taxes on consumption.

If these remarks have any foundation, that state of things which will best enable us to improve and extend so valuable a resource must be best adapted to our political welfare. And it cannot admit of a serious doubt, that this state of things must rest on the basis of a general Union. As far as this would be conducive to the interests of commerce, so far it must tend to the extension of the revenue to be drawn from that source. As far as it would contribute to rendering regulations for the collection of the duties more simple and efficacious, so far it must serve to answer the purposes of making the same rate of duties more productive, and of putting it into the power of the government to increase the rate without prejudice to trade.

The relative situation of these States; the number of rivers with which they are intersected, and of bays that wash there shores; the facility of communication in every direction; the affinity of language and manners; the familiar habits of intercourse; –all these are circumstances that would conspire to render an illicit trade between them a matter of little difficulty, and would insure frequent evasions of the commercial regulations of each other. The separate States or confederacies would be necessitated by mutual jealousy to avoid the temptations to that kind of trade by the lowness of their duties. The temper of our governments, for a long time to come, would not permit those rigorous precautions by which the European nations guard the avenues into their respective countries, as well by land as by water; and which, even there, are found insufficient obstacles to the adventurous stratagems of avarice.

In France, there is an army of patrols (as they are called) constantly employed to secure their fiscal regulations against the inroads of the dealers in contraband trade. Mr. Neckar computes the number of these patrols at upwards of twenty thousand. This shows the immense difficulty in preventing that species of traffic, where there is an inland communication, and places in a strong light the disadvantages with which the collection of duties in this country would be encumbered, if by disunion the States should be placed in a situation, with respect to each other, resembling that of France with respect to her neighbors. The arbitrary and vexatious powers with which the patrols are necessarily armed, would be intolerable in a free country.

If, on the contrary, there be but one government pervading all the States, there will be, as to the principal part of our commerce, but ONE SIDE to guard–the ATLANTIC COAST. Vessels arriving directly from foreign countries, laden with valuable cargoes, would rarely choose to hazard themselves to the complicated and critical perils which would attend attempts to unlade prior to their coming into port. They would have to dread both the dangers of the coast, and of detection, as well after as before their arrival at the places of their final destination. An ordinary degree of vigilance would be competent to the prevention of any material infractions upon the rights of the revenue. A few armed vessels, judiciously stationed at the entrances of our ports, might at a small expense be made useful sentinels of the laws. And the government having the same interest to provide against violations everywhere, the co-operation of its measures in each State would have a powerful tendency to render them effectual. Here also we should preserve by Union, an advantage which nature holds out to us, and which would be relinquished by separation. The United States lie at a great distance from Europe, and at a considerable distance from all other places with which they would have extensive connections of foreign trade. The passage from them to us, in a few hours, or in a single night, as between the coasts of France and Britain, and of other neighboring nations, would be impracticable. This is a prodigious security against a direct contraband with foreign countries; but a circuitous contraband to one State, through the medium of another, would be both easy and safe. The difference between a direct importation from abroad, and an indirect importation through the channel of a neighboring State, in small parcels, according to time and opportunity, with the additional facilities of inland communication, must be palpable to every man of discernment.

It is therefore evident, that one national government would be able, at much less expense, to extend the duties on imports, beyond comparison, further than would be practicable to the States separately, or to any partial confederacies. Hitherto, I believe, it may safely be asserted, that these duties have not upon an average exceeded in any State three per cent. In France they are estimated to be about fifteen per cent., and in Britain they exceed this proportion. [1] There seems to be nothing to hinder their being increased in this country to at least treble their present amount. The single article of ardent spirits, under federal regulation, might be made to furnish a considerable revenue. Upon a ratio to the importation into this State, the whole quantity imported into the United States may be estimated at four millions of gallons; which, at a shilling per gallon, would produce two hundred thousand pounds. That article would well bear this rate of duty; and if it should tend to diminish the consumption of it, such an effect would be equally favorable to the agriculture, to the economy, to the morals, and to the health of the society. There is, perhaps, nothing so much a subject of national extravagance as these spirits.

What will be the consequence, if we are not able to avail ourselves of the resource in question in its full extent? A nation cannot long exist without revenues. Destitute of this essential support, it must resign its independence, and sink into the degraded condition of a province. This is an extremity to which no government will of choice accede. Revenue, therefore, must be had at all events. In this country, if the principal part be not drawn from commerce, it must fall with oppressive weight upon land. It has been already intimated that excises, in their true signification, are too little in unison with the feelings of the people, to admit of great use being made of that mode of taxation; nor, indeed, in the States where almost the sole employment is agriculture, are the objects proper for excise sufficiently numerous to permit very ample collections in that way. Personal estate (as has been before remarked), from the difficulty in tracing it, cannot be subjected to large contributions, by any other means than by taxes on consumption. In populous cities, it may be enough the subject of conjecture, to occasion the oppression of individuals, without much aggregate benefit to the State; but beyond these circles, it must, in a great measure, escape the eye and the hand of the tax-gatherer. As the necessities of the State, nevertheless, must be satisfied in some mode or other, the defect of other resources must throw the principal weight of public burdens on the possessors of land. And as, on the other hand, the wants of the government can never obtain an adequate supply, unless all the sources of revenue are open to its demands, the finances of the community, under such embarrassments, cannot be put into a situation consistent with its respectability or its security. Thus we shall not even have the consolations of a full treasury, to atone for the oppression of that valuable class of the citizens who are employed in the cultivation of the soil. But public and private distress will keep pace with each other in gloomy concert; and unite in deploring the infatuation of those counsels which led to disunion.

PUBLIUS.

Advantage of the Union in Respect to Economy in Government
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

As CONNECTED with the subject of revenue, we may with propriety consider that of economy. The money saved from one object may be usefully applied to another, and there will be so much the less to be drawn from the pockets of the people. If the States are united under one government, there will be but one national civil list to support; if they are divided into several confederacies, there will be as many different national civil lists to be provided for–and each of them, as to the principal departments, coextensive with that which would be necessary for a government of the whole. The entire separation of the States into thirteen unconnected sovereignties is a project too extravagant and too replete with danger to have many advocates. The ideas of men who speculate upon the dismemberment of the empire seem generally turned toward three confederacies–one consisting of the four Northern, another of the four Middle, and a third of the five Southern States. There is little probability that there would be a greater number. According to this distribution, each confederacy would comprise an extent of territory larger than that of the kingdom of Great Britain. No well-informed man will suppose that the affairs of such a confederacy can be properly regulated by a government less comprehensive in its organs or institutions than that which has been proposed by the convention. When the dimensions of a State attain to a certain magnitude, it requires the same energy of government and the same forms of administration which are requisite in one of much greater extent. This idea admits not of precise demonstration, because there is no rule by which we can measure the momentum of civil power necessary to the government of any given number of individuals; but when we consider that the island of Britain, nearly commensurate with each of the supposed confederacies, contains about eight millions of people, and when we reflect upon the degree of authority required to direct the passions of so large a society to the public good, we shall see no reason to doubt that the like portion of power would be sufficient to perform the same task in a society far more numerous. Civil power, properly organized and exerted, is capable of diffusing its force to a very great extent; and can, in a manner, reproduce itself in every part of a great empire by a judicious arrangement of subordinate institutions.

The supposition that each confederacy into which the States would be likely to be divided would require a government not less comprehensive than the one proposed, will be strengthened by another supposition, more probable than that which presents us with three confederacies as the alternative to a general Union. If we attend carefully to geographical and commercial considerations, in conjunction with the habits and prejudices of the different States, we shall be led to conclude that in case of disunion they will most naturally league themselves under two governments. The four Eastern States, from all the causes that form the links of national sympathy and connection, may with certainty be expected to unite. New York, situated as she is, would never be unwise enough to oppose a feeble and unsupported flank to the weight of that confederacy. There are other obvious reasons that would facilitate her accession to it. New Jersey is too small a State to think of being a frontier, in opposition to this still more powerful combination; nor do there appear to be any obstacles to her admission into it. Even Pennsylvania would have strong inducements to join the Northern league. An active foreign commerce, on the basis of her own navigation, is her true policy, and coincides with the opinions and dispositions of her citizens. The more Southern States, from various circumstances, may not think themselves much interested in the encouragement of navigation. They may prefer a system which would give unlimited scope to all nations to be the carriers as well as the purchasers of their commodities. Pennsylvania may not choose to confound her interests in a connection so adverse to her policy. As she must at all events be a frontier, she may deem it most consistent with her safety to have her exposed side turned towards the weaker power of the Southern, rather than towards the stronger power of the Northern, Confederacy. This would give her the fairest chance to avoid being the Flanders of America. Whatever may be the determination of Pennsylvania, if the Northern Confederacy includes New Jersey, there is no likelihood of more than one confederacy to the south of that State.

Nothing can be more evident than that the thirteen States will be able to support a national government better than one half, or one third, or any number less than the whole. This reflection must have great weight in obviating that objection to the proposed plan, which is founded on the principle of expense; an objection, however, which, when we come to take a nearer view of it, will appear in every light to stand on mistaken ground.

If, in addition to the consideration of a plurality of civil lists, we take into view the number of persons who must necessarily be employed to guard the inland communication between the different confederacies against illicit trade, and who in time will infallibly spring up out of the necessities of revenue; and if we also take into view the military establishments which it has been shown would unavoidably result from the jealousies and conflicts of the several nations into which the States would be divided, we shall clearly discover that a separation would be not less injurious to the economy, than to the tranquillity, commerce, revenue, and liberty of every part.

PUBLIUS.

Objections to the Proposed Constitution From Extent of Territory Answered
From the New York Packet.
Friday, November 30, 1787.

Author: James Madison

To the People of the State of New York:

WE HAVE seen the necessity of the Union, as our bulwark against foreign danger, as the conservator of peace among ourselves, as the guardian of our commerce and other common interests, as the only substitute for those military establishments which have subverted the liberties of the Old World, and as the proper antidote for the diseases of faction, which have proved fatal to other popular governments, and of which alarming symptoms have been betrayed by our own. All that remains, within this branch of our inquiries, is to take notice of an objection that may be drawn from the great extent of country which the Union embraces. A few observations on this subject will be the more proper, as it is perceived that the adversaries of the new Constitution are availing themselves of the prevailing prejudice with regard to the practicable sphere of republican administration, in order to supply, by imaginary difficulties, the want of those solid objections which they endeavor in vain to find.

The error which limits republican government to a narrow district has been unfolded and refuted in preceding papers. I remark here only that it seems to owe its rise and prevalence chiefly to the confounding of a republic with a democracy, applying to the former reasonings drawn from the nature of the latter. The true distinction between these forms was also adverted to on a former occasion. It is, that in a democracy, the people meet and exercise the government in person; in a republic, they assemble and administer it by their representatives and agents. A democracy, consequently, will be confined to a small spot. A republic may be extended over a large region.

To this accidental source of the error may be added the artifice of some celebrated authors, whose writings have had a great share in forming the modern standard of political opinions. Being subjects either of an absolute or limited monarchy, they have endeavored to heighten the advantages, or palliate the evils of those forms, by placing in comparison the vices and defects of the republican, and by citing as specimens of the latter the turbulent democracies of ancient Greece and modern Italy. Under the confusion of names, it has been an easy task to transfer to a republic observations applicable to a democracy only; and among others, the observation that it can never be established but among a small number of people, living within a small compass of territory.

Such a fallacy may have been the less perceived, as most of the popular governments of antiquity were of the democratic species; and even in modern Europe, to which we owe the great principle of representation, no example is seen of a government wholly popular, and founded, at the same time, wholly on that principle. If Europe has the merit of discovering this great mechanical power in government, by the simple agency of which the will of the largest political body may be concentred, and its force directed to any object which the public good requires, America can claim the merit of making the discovery the basis of unmixed and extensive republics. It is only to be lamented that any of her citizens should wish to deprive her of the additional merit of displaying its full efficacy in the establishment of the comprehensive system now under her consideration.

As the natural limit of a democracy is that distance from the central point which will just permit the most remote citizens to assemble as often as their public functions demand, and will include no greater number than can join in those functions; so the natural limit of a republic is that distance from the centre which will barely allow the representatives to meet as often as may be necessary for the administration of public affairs. Can it be said that the limits of the United States exceed this distance? It will not be said by those who recollect that the Atlantic coast is the longest side of the Union, that during the term of thirteen years, the representatives of the States have been almost continually assembled, and that the members from the most distant States are not chargeable with greater intermissions of attendance than those from the States in the neighborhood of Congress.

That we may form a juster estimate with regard to this interesting subject, let us resort to the actual dimensions of the Union. The limits, as fixed by the treaty of peace, are: on the east the Atlantic, on the south the latitude of thirty-one degrees, on the west the Mississippi, and on the north an irregular line running in some instances beyond the forty-fifth degree, in others falling as low as the forty-second. The southern shore of Lake Erie lies below that latitude. Computing the distance between the thirty-first and forty-fifth degrees, it amounts to nine hundred and seventy-three common miles; computing it from thirty-one to forty-two degrees, to seven hundred and sixty-four miles and a half. Taking the mean for the distance, the amount will be eight hundred and sixty-eight miles and three-fourths. The mean distance from the Atlantic to the Mississippi does not probably exceed seven hundred and fifty miles. On a comparison of this extent with that of several countries in Europe, the practicability of rendering our system commensurate to it appears to be demonstrable. It is not a great deal larger than Germany, where a diet representing the whole empire is continually assembled; or than Poland before the late dismemberment, where another national diet was the depositary of the supreme power. Passing by France and Spain, we find that in Great Britain, inferior as it may be in size, the representatives of the northern extremity of the island have as far to travel to the national council as will be required of those of the most remote parts of the Union.

Favorable as this view of the subject may be, some observations remain which will place it in a light still more satisfactory.

In the first place it is to be remembered that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any. The subordinate governments, which can extend their care to all those other subjects which can be separately provided for, will retain their due authority and activity. Were it proposed by the plan of the convention to abolish the governments of the particular States, its adversaries would have some ground for their objection; though it would not be difficult to show that if they were abolished the general government would be compelled, by the principle of self-preservation, to reinstate them in their proper jurisdiction.

A second observation to be made is that the immediate object of the federal Constitution is to secure the union of the thirteen primitive States, which we know to be practicable; and to add to them such other States as may arise in their own bosoms, or in their neighborhoods, which we cannot doubt to be equally practicable. The arrangements that may be necessary for those angles and fractions of our territory which lie on our northwestern frontier, must be left to those whom further discoveries and experience will render more equal to the task.

Let it be remarked, in the third place, that the intercourse throughout the Union will be facilitated by new improvements. Roads will everywhere be shortened, and kept in better order; accommodations for travelers will be multiplied and meliorated; an interior navigation on our eastern side will be opened throughout, or nearly throughout, the whole extent of the thirteen States. The communication between the Western and Atlantic districts, and between different parts of each, will be rendered more and more easy by those numerous canals with which the beneficence of nature has intersected our country, and which art finds it so little difficult to connect and complete.

A fourth and still more important consideration is, that as almost every State will, on one side or other, be a frontier, and will thus find, in regard to its safety, an inducement to make some sacrifices for the sake of the general protection; so the States which lie at the greatest distance from the heart of the Union, and which, of course, may partake least of the ordinary circulation of its benefits, will be at the same time immediately contiguous to foreign nations, and will consequently stand, on particular occasions, in greatest need of its strength and resources. It may be inconvenient for Georgia, or the States forming our western or northeastern borders, to send their representatives to the seat of government; but they would find it more so to struggle alone against an invading enemy, or even to support alone the whole expense of those precautions which may be dictated by the neighborhood of continual danger. If they should derive less benefit, therefore, from the Union in some respects than the less distant States, they will derive greater benefit from it in other respects, and thus the proper equilibrium will be maintained throughout.

I submit to you, my fellow-citizens, these considerations, in full confidence that the good sense which has so often marked your decisions will allow them their due weight and effect; and that you will never suffer difficulties, however formidable in appearance, or however fashionable the error on which they may be founded, to drive you into the gloomy and perilous scene into which the advocates for disunion would conduct you. Hearken not to the unnatural voice which tells you that the people of America, knit together as they are by so many cords of affection, can no longer live together as members of the same family; can no longer continue the mutual guardians of their mutual happiness; can no longer be fellowcitizens of one great, respectable, and flourishing empire. Hearken not to the voice which petulantly tells you that the form of government recommended for your adoption is a novelty in the political world; that it has never yet had a place in the theories of the wildest projectors; that it rashly attempts what it is impossible to accomplish. No, my countrymen, shut your ears against this unhallowed language. Shut your hearts against the poison which it conveys; the kindred blood which flows in the veins of American citizens, the mingled blood which they have shed in defense of their sacred rights, consecrate their Union, and excite horror at the idea of their becoming aliens, rivals, enemies. And if novelties are to be shunned, believe me, the most alarming of all novelties, the most wild of all projects, the most rash of all attempts, is that of rendering us in pieces, in order to preserve our liberties and promote our happiness. But why is the experiment of an extended republic to be rejected, merely because it may comprise what is new? Is it not the glory of the people of America, that, whilst they have paid a decent regard to the opinions of former times and other nations, they have not suffered a blind veneration for antiquity, for custom, or for names, to overrule the suggestions of their own good sense, the knowledge of their own situation, and the lessons of their own experience? To this manly spirit, posterity will be indebted for the possession, and the world for the example, of the numerous innovations displayed on the American theatre, in favor of private rights and public happiness. Had no important step been taken by the leaders of the Revolution for which a precedent could not be discovered, no government established of which an exact model did not present itself, the people of the United States might, at this moment have been numbered among the melancholy victims of misguided councils, must at best have been laboring under the weight of some of those forms which have crushed the liberties of the rest of mankind. Happily for America, happily, we trust, for the whole human race, they pursued a new and more noble course. They accomplished a revolution which has no parallel in the annals of human society. They reared the fabrics of governments which have no model on the face of the globe. They formed the design of a great Confederacy, which it is incumbent on their successors to improve and perpetuate. If their works betray imperfections, we wonder at the fewness of them. If they erred most in the structure of the Union, this was the work most difficult to be executed; this is the work which has been new modelled by the act of your convention, and it is that act on which you are now to deliberate and to decide.

PUBLIUS.

The Insufficiency of the Present Confederation to Preserve the Union
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

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 be severed or dissolved by ambition or by avarice, by jealousy or by misrepresentation. In the sequel of the inquiry through which I propose to accompany you, the truths intended to be inculcated will receive further confirmation from facts and arguments hitherto unnoticed. If the road over which you will still have to pass should in some places appear to you tedious or irksome, you will recollect that you are in quest of information on a subject the most momentous which can engage the attention of a free people, that the field through which you have to travel is in itself spacious, and that the difficulties of the journey have been unnecessarily increased by the mazes with which sophistry has beset the way. It will be my aim to remove the obstacles from your progress in as compendious a manner as it can be done, without sacrificing utility to despatch.

In pursuance of the plan which I have laid down for the discussion of the subject, the point next in order to be examined is the “insufficiency of the present Confederation to the preservation of the Union.” It may perhaps be asked what need there is of reasoning or proof to illustrate a position which is not either controverted or doubted, to which the understandings and feelings of all classes of men assent, and which in substance is admitted by the opponents as well as by the friends of the new Constitution. It must in truth be acknowledged that, however these may differ in other respects, they in general appear to harmonize in this sentiment, at least, that there are material imperfections in our national system, and that something is necessary to be done to rescue us from impending anarchy. The facts that support this opinion are no longer objects of speculation. They have forced themselves upon the sensibility of the people at large, and have at length extorted from those, whose mistaken policy has had the principal share in precipitating the extremity at which we are arrived, a reluctant confession of the reality of those defects in the scheme of our federal government, which have been long pointed out and regretted by the intelligent friends of the Union.

We may indeed with propriety be said to have reached almost the last stage of national humiliation. There is scarcely anything that can wound the pride or degrade the character of an independent nation which we do not experience. Are there engagements to the performance of which we are held by every tie respectable among men? These are the subjects of constant and unblushing violation. Do we owe debts to foreigners and to our own citizens contracted in a time of imminent peril for the preservation of our political existence? These remain without any proper or satisfactory provision for their discharge. Have we valuable territories and important posts in the possession of a foreign power which, by express stipulations, ought long since to have been surrendered? These are still retained, to the prejudice of our interests, not less than of our rights. Are we in a condition to resent or to repel the aggression? We have neither troops, nor treasury, nor government. [1] Are we even in a condition to remonstrate with dignity? The just imputations on our own faith, in respect to the same treaty, ought first to be removed. Are we entitled by nature and compact to a free participation in the navigation of the Mississippi? Spain excludes us from it. Is public credit an indispensable resource in time of public danger? We seem to have abandoned its cause as desperate and irretrievable. Is commerce of importance to national wealth? Ours is at the lowest point of declension. Is respectability in the eyes of foreign powers a safeguard against foreign encroachments? The imbecility of our government even forbids them to treat with us. Our ambassadors abroad are the mere pageants of mimic sovereignty. Is a violent and unnatural decrease in the value of land a symptom of national distress? The price of improved land in most parts of the country is much lower than can be accounted for by the quantity of waste land at market, and can only be fully explained by that want of private and public confidence, which are so alarmingly prevalent among all ranks, and which have a direct tendency to depreciate property of every kind. Is private credit the friend and patron of industry? That most useful kind which relates to borrowing and lending is reduced within the narrowest limits, and this still more from an opinion of insecurity than from the scarcity of money. To shorten an enumeration of particulars which can afford neither pleasure nor instruction, it may in general be demanded, what indication is there of national disorder, poverty, and insignificance that could befall a community so peculiarly blessed with natural advantages as we are, which does not form a part of the dark catalogue of our public misfortunes?

This is the melancholy situation to which we have been brought by those very maxims and councils which would now deter us from adopting the proposed Constitution; and which, not content with having conducted us to the brink of a precipice, seem resolved to plunge us into the abyss that awaits us below. Here, my countrymen, impelled by every motive that ought to influence an enlightened people, let us make a firm stand for our safety, our tranquillity, our dignity, our reputation. Let us at last break the fatal charm which has too long seduced us from the paths of felicity and prosperity.

It is true, as has been before observed that facts, too stubborn to be resisted, have produced a species of general assent to the abstract proposition that there exist material defects in our national system; but the usefulness of the concession, on the part of the old adversaries of federal measures, is destroyed by a strenuous opposition to a remedy, upon the only principles that can give it a chance of success. While they admit that the government of the United States is destitute of energy, they contend against conferring upon it those powers which are requisite to supply that energy. They seem still to aim at things repugnant and irreconcilable; at an augmentation of federal authority, without a diminution of State authority; at sovereignty in the Union, and complete independence in the members. They still, in fine, seem to cherish with blind devotion the political monster of an imperium in imperio. This renders a full display of the principal defects of the Confederation necessary, in order to show that the evils we experience do not proceed from minute or partial imperfections, but from fundamental errors in the structure of the building, which cannot be amended otherwise than by an alteration in the first principles and main pillars of the fabric.

The great and radical vice in the construction of the existing Confederation is in the principle of LEGISLATION for STATES or GOVERNMENTS, in their CORPORATE or COLLECTIVE CAPACITIES, and as contradistinguished from the INDIVIDUALS of which they consist. Though this principle does not run through all the powers delegated to the Union, yet it pervades and governs those on which the efficacy of the rest depends. Except as to the rule of appointment, the United States has an indefinite discretion to make requisitions for men and money; but they have no authority to raise either, by regulations extending to the individual citizens of America. The consequence of this is, that though in theory their resolutions concerning those objects are laws, constitutionally binding on the members of the Union, yet in practice they are mere recommendations which the States observe or disregard at their option.

It is a singular instance of the capriciousness of the human mind, that after all the admonitions we have had from experience on this head, there should still be found men who object to the new Constitution, for deviating from a principle which has been found the bane of the old, and which is in itself evidently incompatible with the idea of GOVERNMENT; a principle, in short, which, if it is to be executed at all, must substitute the violent and sanguinary agency of the sword to the mild influence of the magistracy.

There is nothing absurd or impracticable in the idea of a league or alliance between independent nations for certain defined purposes precisely stated in a treaty regulating all the details of time, place, circumstance, and quantity; leaving nothing to future discretion; and depending for its execution on the good faith of the parties. Compacts of this kind exist among all civilized nations, subject to the usual vicissitudes of peace and war, of observance and non-observance, as the interests or passions of the contracting powers dictate. In the early part of the present century there was an epidemical rage in Europe for this species of compacts, from which the politicians of the times fondly hoped for benefits which were never realized. With a view to establishing the equilibrium of power and the peace of that part of the world, all the resources of negotiation were exhausted, and triple and quadruple alliances were formed; but they were scarcely formed before they were broken, giving an instructive but afflicting lesson to mankind, how little dependence is to be placed on treaties which have no other sanction than the obligations of good faith, and which oppose general considerations of peace and justice to the impulse of any immediate interest or passion.

If the particular States in this country are disposed to stand in a similar relation to each other, and to drop the project of a general DISCRETIONARY SUPERINTENDENCE, the scheme would indeed be pernicious, and would entail upon us all the mischiefs which have been enumerated under the first head; but it would have the merit of being, at least, consistent and practicable Abandoning all views towards a confederate government, this would bring us to a simple alliance offensive and defensive; and would place us in a situation to be alternate friends and enemies of each other, as our mutual jealousies and rivalships, nourished by the intrigues of foreign nations, should prescribe to us.

But if we are unwilling to be placed in this perilous situation; if we still will adhere to the design of a national government, or, which is the same thing, of a superintending power, under the direction of a common council, we must resolve to incorporate into our plan those ingredients which may be considered as forming the characteristic difference between a league and a government; we must extend the authority of the Union to the persons of the citizens, –the only proper objects of government.

Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation. This penalty, whatever it may be, can only be inflicted in two ways: by the agency of the courts and ministers of justice, or by military force; by the COERCION of the magistracy, or by the COERCION of arms. The first kind can evidently apply only to men; the last kind must of necessity, be employed against bodies politic, or communities, or States. It is evident that there is no process of a court by which the observance of the laws can, in the last resort, be enforced. Sentences may be denounced against them for violations of their duty; but these sentences can only be carried into execution by the sword. In an association where the general authority is confined to the collective bodies of the communities, that compose it, every breach of the laws must involve a state of war; and military execution must become the only instrument of civil obedience. Such a state of things can certainly not deserve the name of government, nor would any prudent man choose to commit his happiness to it.

There was a time when we were told that breaches, by the States, of the regulations of the federal authority were not to be expected; that a sense of common interest would preside over the conduct of the respective members, and would beget a full compliance with all the constitutional requisitions of the Union. This language, at the present day, would appear as wild as a great part of what we now hear from the same quarter will be thought, when we shall have received further lessons from that best oracle of wisdom, experience. It at all times betrayed an ignorance of the true springs by which human conduct is actuated, and belied the original inducements to the establishment of civil power. Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice, without constraint. Has it been found that bodies of men act with more rectitude or greater disinterestedness than individuals? The contrary of this has been inferred by all accurate observers of the conduct of mankind; and the inference is founded upon obvious reasons. Regard to reputation has a less active influence, when the infamy of a bad action is to be divided among a number than when it is to fall singly upon one. A spirit of faction, which is apt to mingle its poison in the deliberations of all bodies of men, will often hurry the persons of whom they are composed into improprieties and excesses, for which they would blush in a private capacity.

In addition to all this, there is, in the nature of sovereign power, an impatience of control, that disposes those who are invested with the exercise of it, to look with an evil eye upon all external attempts to restrain or direct its operations. From this spirit it happens, that in every political association which is formed upon the principle of uniting in a common interest a number of lesser sovereignties, there will be found a kind of eccentric tendency in the subordinate or inferior orbs, by the operation of which there will be a perpetual effort in each to fly off from the common centre. This tendency is not difficult to be accounted for. It has its origin in the love of power. Power controlled or abridged is almost always the rival and enemy of that power by which it is controlled or abridged. This simple proposition will teach us how little reason there is to expect, that the persons intrusted with the administration of the affairs of the particular members of a confederacy will at all times be ready, with perfect good-humor, and an unbiased regard to the public weal, to execute the resolutions or decrees of the general authority. The reverse of this results from the constitution of human nature.

If, therefore, the measures of the Confederacy cannot be executed without the intervention of the particular administrations, there will be little prospect of their being executed at all. The rulers of the respective members, whether they have a constitutional right to do it or not, will undertake to judge of the propriety of the measures themselves. They will consider the conformity of the thing proposed or required to their immediate interests or aims; the momentary conveniences or inconveniences that would attend its adoption. All this will be done; and in a spirit of interested and suspicious scrutiny, without that knowledge of national circumstances and reasons of state, which is essential to a right judgment, and with that strong predilection in favor of local objects, which can hardly fail to mislead the decision. The same process must be repeated in every member of which the body is constituted; and the execution of the plans, framed by the councils of the whole, will always fluctuate on the discretion of the ill-informed and prejudiced opinion of every part. Those who have been conversant in the proceedings of popular assemblies; who have seen how difficult it often is, where there is no exterior pressure of circumstances, to bring them to harmonious resolutions on important points, will readily conceive how impossible it must be to induce a number of such assemblies, deliberating at a distance from each other, at different times, and under different impressions, long to co-operate in the same views and pursuits.

In our case, the concurrence of thirteen distinct sovereign wills is requisite, under the Confederation, to the complete execution of every important measure that proceeds from the Union. It has happened as was to have been foreseen. The measures of the Union have not been executed; the delinquencies of the States have, step by step, matured themselves to an extreme, which has, at length, arrested all the wheels of the national government, and brought them to an awful stand. Congress at this time scarcely possess the means of keeping up the forms of administration, till the States can have time to agree upon a more substantial substitute for the present shadow of a federal government. Things did not come to this desperate extremity at once. The causes which have been specified produced at first only unequal and disproportionate degrees of compliance with the requisitions of the Union. The greater deficiencies of some States furnished the pretext of example and the temptation of interest to the complying, or to the least delinquent States. Why should we do more in proportion than those who are embarked with us in the same political voyage? Why should we consent to bear more than our proper share of the common burden? These were suggestions which human selfishness could not withstand, and which even speculative men, who looked forward to remote consequences, could not, without hesitation, combat. Each State, yielding to the persuasive voice of immediate interest or convenience, has successively withdrawn its support, till the frail and tottering edifice seems ready to fall upon our heads, and to crush us beneath its ruins.

PUBLIUS.

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union
From the New York Packet.
Tuesday, December 4, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

THE tendency of the principle of legislation for States, or communities, in their political capacities, as it has been exemplified by the experiment we have made of it, is equally attested by the events which have befallen all other governments of the confederate kind, of which we have any account, in exact proportion to its prevalence in those systems. The confirmations of this fact will be worthy of a distinct and particular examination. I shall content myself with barely observing here, that of all the confederacies of antiquity, which history has handed down to us, the Lycian and Achaean leagues, as far as there remain vestiges of them, appear to have been most free from the fetters of that mistaken principle, and were accordingly those which have best deserved, and have most liberally received, the applauding suffrages of political writers.

This exceptionable principle may, as truly as emphatically, be styled the parent of anarchy: It has been seen that delinquencies in the members of the Union are its natural and necessary offspring; and that whenever they happen, the only constitutional remedy is force, and the immediate effect of the use of it, civil war.

It remains to inquire how far so odious an engine of government, in its application to us, would even be capable of answering its end. If there should not be a large army constantly at the disposal of the national government it would either not be able to employ force at all, or, when this could be done, it would amount to a war between parts of the Confederacy concerning the infractions of a league, in which the strongest combination would be most likely to prevail, whether it consisted of those who supported or of those who resisted the general authority. It would rarely happen that the delinquency to be redressed would be confined to a single member, and if there were more than one who had neglected their duty, similarity of situation would induce them to unite for common defense. Independent of this motive of sympathy, if a large and influential State should happen to be the aggressing member, it would commonly have weight enough with its neighbors to win over some of them as associates to its cause. Specious arguments of danger to the common liberty could easily be contrived; plausible excuses for the deficiencies of the party could, without difficulty, be invented to alarm the apprehensions, inflame the passions, and conciliate the good-will, even of those States which were not chargeable with any violation or omission of duty. This would be the more likely to take place, as the delinquencies of the larger members might be expected sometimes to proceed from an ambitious premeditation in their rulers, with a view to getting rid of all external control upon their designs of personal aggrandizement; the better to effect which it is presumable they would tamper beforehand with leading individuals in the adjacent States. If associates could not be found at home, recourse would be had to the aid of foreign powers, who would seldom be disinclined to encouraging the dissensions of a Confederacy, from the firm union of which they had so much to fear. When the sword is once drawn, the passions of men observe no bounds of moderation. The suggestions of wounded pride, the instigations of irritated resentment, would be apt to carry the States against which the arms of the Union were exerted, to any extremes necessary to avenge the affront or to avoid the disgrace of submission. The first war of this kind would probably terminate in a dissolution of the Union.

This may be considered as the violent death of the Confederacy. Its more natural death is what we now seem to be on the point of experiencing, if the federal system be not speedily renovated in a more substantial form. It is not probable, considering the genius of this country, that the complying States would often be inclined to support the authority of the Union by engaging in a war against the non-complying States. They would always be more ready to pursue the milder course of putting themselves upon an equal footing with the delinquent members by an imitation of their example. And the guilt of all would thus become the security of all. Our past experience has exhibited the operation of this spirit in its full light. There would, in fact, be an insuperable difficulty in ascertaining when force could with propriety be employed. In the article of pecuniary contribution, which would be the most usual source of delinquency, it would often be impossible to decide whether it had proceeded from disinclination or inability. The pretense of the latter would always be at hand. And the case must be very flagrant in which its fallacy could be detected with sufficient certainty to justify the harsh expedient of compulsion. It is easy to see that this problem alone, as often as it should occur, would open a wide field for the exercise of factious views, of partiality, and of oppression, in the majority that happened to prevail in the national council.

It seems to require no pains to prove that the States ought not to prefer a national Constitution which could only be kept in motion by the instrumentality of a large army continually on foot to execute the ordinary requisitions or decrees of the government. And yet this is the plain alternative involved by those who wish to deny it the power of extending its operations to individuals. Such a scheme, if practicable at all, would instantly degenerate into a military despotism; but it will be found in every light impracticable. The resources of the Union would not be equal to the maintenance of an army considerable enough to confine the larger States within the limits of their duty; nor would the means ever be furnished of forming such an army in the first instance. Whoever considers the populousness and strength of several of these States singly at the present juncture, and looks forward to what they will become, even at the distance of half a century, will at once dismiss as idle and visionary any scheme which aims at regulating their movements by laws to operate upon them in their collective capacities, and to be executed by a coercion applicable to them in the same capacities. A project of this kind is little less romantic than the monster-taming spirit which is attributed to the fabulous heroes and demi-gods of antiquity.

Even in those confederacies which have been composed of members smaller than many of our counties, the principle of legislation for sovereign States, supported by military coercion, has never been found effectual. It has rarely been attempted to be employed, but against the weaker members; and in most instances attempts to coerce the refractory and disobedient have been the signals of bloody wars, in which one half of the confederacy has displayed its banners against the other half.

The result of these observations to an intelligent mind must be clearly this, that if it be possible at any rate to construct a federal government capable of regulating the common concerns and preserving the general tranquillity, it must be founded, as to the objects committed to its care, upon the reverse of the principle contended for by the opponents of the proposed Constitution. It must carry its agency to the persons of the citizens. It must stand in need of no intermediate legislations; but must itself be empowered to employ the arm of the ordinary magistrate to execute its own resolutions. The majesty of the national authority must be manifested through the medium of the courts of justice. The government of the Union, like that of each State, must be able to address itself immediately to the hopes and fears of individuals; and to attract to its support those passions which have the strongest influence upon the human heart. It must, in short, possess all the means, and have aright to resort to all the methods, of executing the powers with which it is intrusted, that are possessed and exercised by the government of the particular States.

To this reasoning it may perhaps be objected, that if any State should be disaffected to the authority of the Union, it could at any time obstruct the execution of its laws, and bring the matter to the same issue of force, with the necessity of which the opposite scheme is reproached.

The pausibility of this objection will vanish the moment we advert to the essential difference between a mere NON-COMPLIANCE and a DIRECT and ACTIVE RESISTANCE. If the interposition of the State legislatures be necessary to give effect to a measure of the Union, they have only NOT TO ACT, or to ACT EVASIVELY, and the measure is defeated. This neglect of duty may be disguised under affected but unsubstantial provisions, so as not to appear, and of course not to excite any alarm in the people for the safety of the Constitution. The State leaders may even make a merit of their surreptitious invasions of it on the ground of some temporary convenience, exemption, or advantage.

But if the execution of the laws of the national government should not require the intervention of the State legislatures, if they were to pass into immediate operation upon the citizens themselves, the particular governments could not interrupt their progress without an open and violent exertion of an unconstitutional power. No omissions nor evasions would answer the end. They would be obliged to act, and in such a manner as would leave no doubt that they had encroached on the national rights. An experiment of this nature would always be hazardous in the face of a constitution in any degree competent to its own defense, and of a people enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority. The success of it would require not merely a factious majority in the legislature, but the concurrence of the courts of justice and of the body of the people. If the judges were not embarked in a conspiracy with the legislature, they would pronounce the resolutions of such a majority to be contrary to the supreme law of the land, unconstitutional, and void. If the people were not tainted with the spirit of their State representatives, they, as the natural guardians of the Constitution, would throw their weight into the national scale and give it a decided preponderancy in the contest. Attempts of this kind would not often be made with levity or rashness, because they could seldom be made without danger to the authors, unless in cases of a tyrannical exercise of the federal authority.

If opposition to the national government should arise from the disorderly conduct of refractory or seditious individuals, it could be overcome by the same means which are daily employed against the same evil under the State governments. The magistracy, being equally the ministers of the law of the land, from whatever source it might emanate, would doubtless be as ready to guard the national as the local regulations from the inroads of private licentiousness. As to those partial commotions and insurrections, which sometimes disquiet society, from the intrigues of an inconsiderable faction, or from sudden or occasional illhumors that do not infect the great body of the community the general government could command more extensive resources for the suppression of disturbances of that kind than would be in the power of any single member. And as to those mortal feuds which, in certain conjunctures, spread a conflagration through a whole nation, or through a very large proportion of it, proceeding either from weighty causes of discontent given by the government or from the contagion of some violent popular paroxysm, they do not fall within any ordinary rules of calculation. When they happen, they commonly amount to revolutions and dismemberments of empire. No form of government can always either avoid or control them. It is in vain to hope to guard against events too mighty for human foresight or precaution, and it would be idle to object to a government because it could not perform impossibilities.

PUBLIUS.

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union
For the Independent Journal.
Tuesday, December 4, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

AN OBJECTION, of a nature different from that which has been stated and answered, in my last address, may perhaps be likewise urged against the principle of legislation for the individual citizens of America. It may be said that it would tend to render the government of the Union too powerful, and to enable it to absorb those residuary authorities, which it might be judged proper to leave with the States for local purposes. Allowing the utmost latitude to the love of power which any reasonable man can require, I confess I am at a loss to discover what temptation the persons intrusted with the administration of the general government could ever feel to divest the States of the authorities of that description. The regulation of the mere domestic police of a State appears to me to hold out slender allurements to ambition. Commerce, finance, negotiation, and war seem to comprehend all the objects which have charms for minds governed by that passion; and all the powers necessary to those objects ought, in the first instance, to be lodged in the national depository. The administration of private justice between the citizens of the same State, the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation, can never be desirable cares of a general jurisdiction. It is therefore improbable that there should exist a disposition in the federal councils to usurp the powers with which they are connected; because the attempt to exercise those powers would be as troublesome as it would be nugatory; and the possession of them, for that reason, would contribute nothing to the dignity, to the importance, or to the splendor of the national government.

But let it be admitted, for argument’s sake, that mere wantonness and lust of domination would be sufficient to beget that disposition; still it may be safely affirmed, that the sense of the constituent body of the national representatives, or, in other words, the people of the several States, would control the indulgence of so extravagant an appetite. It will always be far more easy for the State governments to encroach upon the national authorities than for the national government to encroach upon the State authorities. The proof of this proposition turns upon the greater degree of influence which the State governments if they administer their affairs with uprightness and prudence, will generally possess over the people; a circumstance which at the same time teaches us that there is an inherent and intrinsic weakness in all federal constitutions; and that too much pains cannot be taken in their organization, to give them all the force which is compatible with the principles of liberty.

The superiority of influence in favor of the particular governments would result partly from the diffusive construction of the national government, but chiefly from the nature of the objects to which the attention of the State administrations would be directed.

It is a known fact in human nature, that its affections are commonly weak in proportion to the distance or diffusiveness of the object. Upon the same principle that a man is more attached to his family than to his neighborhood, to his neighborhood than to the community at large, the people of each State would be apt to feel a stronger bias towards their local governments than towards the government of the Union; unless the force of that principle should be destroyed by a much better administration of the latter.

This strong propensity of the human heart would find powerful auxiliaries in the objects of State regulation.

The variety of more minute interests, which will necessarily fall under the superintendence of the local administrations, and which will form so many rivulets of influence, running through every part of the society, cannot be particularized, without involving a detail too tedious and uninteresting to compensate for the instruction it might afford.

There is one transcendant advantage belonging to the province of the State governments, which alone suffices to place the matter in a clear and satisfactory light,–I mean the ordinary administration of criminal and civil justice. This, of all others, is the most powerful, most universal, and most attractive source of popular obedience and attachment. It is that which, being the immediate and visible guardian of life and property, having its benefits and its terrors in constant activity before the public eye, regulating all those personal interests and familiar concerns to which the sensibility of individuals is more immediately awake, contributes, more than any other circumstance, to impressing upon the minds of the people, affection, esteem, and reverence towards the government. This great cement of society, which will diffuse itself almost wholly through the channels of the particular governments, independent of all other causes of influence, would insure them so decided an empire over their respective citizens as to render them at all times a complete counterpoise, and, not unfrequently, dangerous rivals to the power of the Union.

The operations of the national government, on the other hand, falling less immediately under the observation of the mass of the citizens, the benefits derived from it will chiefly be perceived and attended to by speculative men. Relating to more general interests, they will be less apt to come home to the feelings of the people; and, in proportion, less likely to inspire an habitual sense of obligation, and an active sentiment of attachment.

The reasoning on this head has been abundantly exemplified by the experience of all federal constitutions with which we are acquainted, and of all others which have borne the least analogy to them.

Though the ancient feudal systems were not, strictly speaking, confederacies, yet they partook of the nature of that species of association. There was a common head, chieftain, or sovereign, whose authority extended over the whole nation; and a number of subordinate vassals, or feudatories, who had large portions of land allotted to them, and numerous trains of INFERIOR vassals or retainers, who occupied and cultivated that land upon the tenure of fealty or obedience, to the persons of whom they held it. Each principal vassal was a kind of sovereign, within his particular demesnes. The consequences of this situation were a continual opposition to authority of the sovereign, and frequent wars between the great barons or chief feudatories themselves. The power of the head of the nation was commonly too weak, either to preserve the public peace, or to protect the people against the oppressions of their immediate lords. This period of European affairs is emphatically styled by historians, the times of feudal anarchy.

When the sovereign happened to be a man of vigorous and warlike temper and of superior abilities, he would acquire a personal weight and influence, which answered, for the time, the purpose of a more regular authority. But in general, the power of the barons triumphed over that of the prince; and in many instances his dominion was entirely thrown off, and the great fiefs were erected into independent principalities or States. In those instances in which the monarch finally prevailed over his vassals, his success was chiefly owing to the tyranny of those vassals over their dependents. The barons, or nobles, equally the enemies of the sovereign and the oppressors of the common people, were dreaded and detested by both; till mutual danger and mutual interest effected a union between them fatal to the power of the aristocracy. Had the nobles, by a conduct of clemency and justice, preserved the fidelity and devotion of their retainers and followers, the contests between them and the prince must almost always have ended in their favor, and in the abridgment or subversion of the royal authority.

This is not an assertion founded merely in speculation or conjecture. Among other illustrations of its truth which might be cited, Scotland will furnish a cogent example. The spirit of clanship which was, at an early day, introduced into that kingdom, uniting the nobles and their dependants by ties equivalent to those of kindred, rendered the aristocracy a constant overmatch for the power of the monarch, till the incorporation with England subdued its fierce and ungovernable spirit, and reduced it within those rules of subordination which a more rational and more energetic system of civil polity had previously established in the latter kingdom.

The separate governments in a confederacy may aptly be compared with the feudal baronies; with this advantage in their favor, that from the reasons already explained, they will generally possess the confidence and good-will of the people, and with so important a support, will be able effectually to oppose all encroachments of the national government. It will be well if they are not able to counteract its legitimate and necessary authority. The points of similitude consist in the rivalship of power, applicable to both, and in the CONCENTRATION of large portions of the strength of the community into particular DEPOSITS, in one case at the disposal of individuals, in the other case at the disposal of political bodies.

A concise review of the events that have attended confederate governments will further illustrate this important doctrine; an inattention to which has been the great source of our political mistakes, and has given our jealousy a direction to the wrong side. This review shall form the subject of some ensuing papers.

PUBLIUS.

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union
For the Independent Journal.

Author: Alexander Hamilton and James Madison

To the People of the State of New York:

AMONG the confederacies of antiquity, the most considerable was that of the Grecian republics, associated under the Amphictyonic council. From the best accounts transmitted of this celebrated institution, it bore a very instructive analogy to the present Confederation of the American States.

The members retained the character of independent and sovereign states, and had equal votes in the federal council. This council had a general authority to propose and resolve whatever it judged necessary for the common welfare of Greece; to declare and carry on war; to decide, in the last resort, all controversies between the members; to fine the aggressing party; to employ the whole force of the confederacy against the disobedient; to admit new members. The Amphictyons were the guardians of religion, and of the immense riches belonging to the temple of Delphos, where they had the right of jurisdiction in controversies between the inhabitants and those who came to consult the oracle. As a further provision for the efficacy of the federal powers, they took an oath mutually to defend and protect the united cities, to punish the violators of this oath, and to inflict vengeance on sacrilegious despoilers of the temple.

In theory, and upon paper, this apparatus of powers seems amply sufficient for all general purposes. In several material instances, they exceed the powers enumerated in the articles of confederation. The Amphictyons had in their hands the superstition of the times, one of the principal engines by which government was then maintained; they had a declared authority to use coercion against refractory cities, and were bound by oath to exert this authority on the necessary occasions.

Very different, nevertheless, was the experiment from the theory. The powers, like those of the present Congress, were administered by deputies appointed wholly by the cities in their political capacities; and exercised over them in the same capacities. Hence the weakness, the disorders, and finally the destruction of the confederacy. The more powerful members, instead of being kept in awe and subordination, tyrannized successively over all the rest. Athens, as we learn from Demosthenes, was the arbiter of Greece seventy-three years. The Lacedaemonians next governed it twenty-nine years; at a subsequent period, after the battle of Leuctra, the Thebans had their turn of domination.

It happened but too often, according to Plutarch, that the deputies of the strongest cities awed and corrupted those of the weaker; and that judgment went in favor of the most powerful party.

Even in the midst of defensive and dangerous wars with Persia and Macedon, the members never acted in concert, and were, more or fewer of them, eternally the dupes or the hirelings of the common enemy. The intervals of foreign war were filled up by domestic vicissitudes convulsions, and carnage.

After the conclusion of the war with Xerxes, it appears that the Lacedaemonians required that a number of the cities should be turned out of the confederacy for the unfaithful part they had acted. The Athenians, finding that the Lacedaemonians would lose fewer partisans by such a measure than themselves, and would become masters of the public deliberations, vigorously opposed and defeated the attempt. This piece of history proves at once the inefficiency of the union, the ambition and jealousy of its most powerful members, and the dependent and degraded condition of the rest. The smaller members, though entitled by the theory of their system to revolve in equal pride and majesty around the common center, had become, in fact, satellites of the orbs of primary magnitude.

Had the Greeks, says the Abbe Milot, been as wise as they were courageous, they would have been admonished by experience of the necessity of a closer union, and would have availed themselves of the peace which followed their success against the Persian arms, to establish such a reformation. Instead of this obvious policy, Athens and Sparta, inflated with the victories and the glory they had acquired, became first rivals and then enemies; and did each other infinitely more mischief than they had suffered from Xerxes. Their mutual jealousies, fears, hatreds, and injuries ended in the celebrated Peloponnesian war; which itself ended in the ruin and slavery of the Athenians who had begun it.

As a weak government, when not at war, is ever agitated by internal dissentions, so these never fail to bring on fresh calamities from abroad. The Phocians having ploughed up some consecrated ground belonging to the temple of Apollo, the Amphictyonic council, according to the superstition of the age, imposed a fine on the sacrilegious offenders. The Phocians, being abetted by Athens and Sparta, refused to submit to the decree. The Thebans, with others of the cities, undertook to maintain the authority of the Amphictyons, and to avenge the violated god. The latter, being the weaker party, invited the assistance of Philip of Macedon, who had secretly fostered the contest. Philip gladly seized the opportunity of executing the designs he had long planned against the liberties of Greece. By his intrigues and bribes he won over to his interests the popular leaders of several cities; by their influence and votes, gained admission into the Amphictyonic council; and by his arts and his arms, made himself master of the confederacy.

Such were the consequences of the fallacious principle on which this interesting establishment was founded. Had Greece, says a judicious observer on her fate, been united by a stricter confederation, and persevered in her union, she would never have worn the chains of Macedon; and might have proved a barrier to the vast projects of Rome.

The Achaean league, as it is called, was another society of Grecian republics, which supplies us with valuable instruction.

The Union here was far more intimate, and its organization much wiser, than in the preceding instance. It will accordingly appear, that though not exempt from a similar catastrophe, it by no means equally deserved it.

The cities composing this league retained their municipal jurisdiction, appointed their own officers, and enjoyed a perfect equality. The senate, in which they were represented, had the sole and exclusive right of peace and war; of sending and receiving ambassadors; of entering into treaties and alliances; of appointing a chief magistrate or praetor, as he was called, who commanded their armies, and who, with the advice and consent of ten of the senators, not only administered the government in the recess of the senate, but had a great share in its deliberations, when assembled. According to the primitive constitution, there were two praetors associated in the administration; but on trial a single one was preferred.

It appears that the cities had all the same laws and customs, the same weights and measures, and the same money. But how far this effect proceeded from the authority of the federal council is left in uncertainty. It is said only that the cities were in a manner compelled to receive the same laws and usages. When Lacedaemon was brought into the league by Philopoemen, it was attended with an abolition of the institutions and laws of Lycurgus, and an adoption of those of the Achaeans. The Amphictyonic confederacy, of which she had been a member, left her in the full exercise of her government and her legislation. This circumstance alone proves a very material difference in the genius of the two systems.

It is much to be regretted that such imperfect monuments remain of this curious political fabric. Could its interior structure and regular operation be ascertained, it is probable that more light would be thrown by it on the science of federal government, than by any of the like experiments with which we are acquainted.

One important fact seems to be witnessed by all the historians who take notice of Achaean affairs. It is, that as well after the renovation of the league by Aratus, as before its dissolution by the arts of Macedon, there was infinitely more of moderation and justice in the administration of its government, and less of violence and sedition in the people, than were to be found in any of the cities exercising SINGLY all the prerogatives of sovereignty. The Abbe Mably, in his observations on Greece, says that the popular government, which was so tempestuous elsewhere, caused no disorders in the members of the Achaean republic, BECAUSE IT WAS THERE TEMPERED BY THE GENERAL AUTHORITY AND LAWS OF THE CONFEDERACY.

We are not to conclude too hastily, however, that faction did not, in a certain degree, agitate the particular cities; much less that a due subordination and harmony reigned in the general system. The contrary is sufficiently displayed in the vicissitudes and fate of the republic.

Whilst the Amphictyonic confederacy remained, that of the Achaeans, which comprehended the less important cities only, made little figure on the theatre of Greece. When the former became a victim to Macedon, the latter was spared by the policy of Philip and Alexander. Under the successors of these princes, however, a different policy prevailed. The arts of division were practiced among the Achaeans. Each city was seduced into a separate interest; the union was dissolved. Some of the cities fell under the tyranny of Macedonian garrisons; others under that of usurpers springing out of their own confusions. Shame and oppression erelong awaken their love of liberty. A few cities reunited. Their example was followed by others, as opportunities were found of cutting off their tyrants. The league soon embraced almost the whole Peloponnesus. Macedon saw its progress; but was hindered by internal dissensions from stopping it. All Greece caught the enthusiasm and seemed ready to unite in one confederacy, when the jealousy and envy in Sparta and Athens, of the rising glory of the Achaeans, threw a fatal damp on the enterprise. The dread of the Macedonian power induced the league to court the alliance of the Kings of Egypt and Syria, who, as successors of Alexander, were rivals of the king of Macedon. This policy was defeated by Cleomenes, king of Sparta, who was led by his ambition to make an unprovoked attack on his neighbors, the Achaeans, and who, as an enemy to Macedon, had interest enough with the Egyptian and Syrian princes to effect a breach of their engagements with the league.

The Achaeans were now reduced to the dilemma of submitting to Cleomenes, or of supplicating the aid of Macedon, its former oppressor. The latter expedient was adopted. The contests of the Greeks always afforded a pleasing opportunity to that powerful neighbor of intermeddling in their affairs. A Macedonian army quickly appeared. Cleomenes was vanquished. The Achaeans soon experienced, as often happens, that a victorious and powerful ally is but another name for a master. All that their most abject compliances could obtain from him was a toleration of the exercise of their laws. Philip, who was now on the throne of Macedon, soon provoked by his tyrannies, fresh combinations among the Greeks. The Achaeans, though weakenened by internal dissensions and by the revolt of Messene, one of its members, being joined by the AEtolians and Athenians, erected the standard of opposition. Finding themselves, though thus supported, unequal to the undertaking, they once more had recourse to the dangerous expedient of introducing the succor of foreign arms. The Romans, to whom the invitation was made, eagerly embraced it. Philip was conquered; Macedon subdued. A new crisis ensued to the league. Dissensions broke out among it members. These the Romans fostered. Callicrates and other popular leaders became mercenary instruments for inveigling their countrymen. The more effectually to nourish discord and disorder the Romans had, to the astonishment of those who confided in their sincerity, already proclaimed universal liberty [1] throughout Greece. With the same insidious views, they now seduced the members from the league, by representing to their pride the violation it committed on their sovereignty. By these arts this union, the last hope of Greece, the last hope of ancient liberty, was torn into pieces; and such imbecility and distraction introduced, that the arms of Rome found little difficulty in completing the ruin which their arts had commenced. The Achaeans were cut to pieces, and Achaia loaded with chains, under which it is groaning at this hour.

I have thought it not superfluous to give the outlines of this important portion of history; both because it teaches more than one lesson, and because, as a supplement to the outlines of the Achaean constitution, it emphatically illustrates the tendency of federal bodies rather to anarchy among the members, than to tyranny in the head.

PUBLIUS.

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union
For the Independent Journal.

Author: Alexander Hamilton and James Madison

To the People of the State of New York:

THE examples of ancient confederacies, cited in my last paper, have not exhausted the source of experimental instruction on this subject. There are existing institutions, founded on a similar principle, which merit particular consideration. The first which presents itself is the Germanic body.

In the early ages of Christianity, Germany was occupied by seven distinct nations, who had no common chief. The Franks, one of the number, having conquered the Gauls, established the kingdom which has taken its name from them. In the ninth century Charlemagne, its warlike monarch, carried his victorious arms in every direction; and Germany became a part of his vast dominions. On the dismemberment, which took place under his sons, this part was erected into a separate and independent empire. Charlemagne and his immediate descendants possessed the reality, as well as the ensigns and dignity of imperial power. But the principal vassals, whose fiefs had become hereditary, and who composed the national diets which Charlemagne had not abolished, gradually threw off the yoke and advanced to sovereign jurisdiction and independence. The force of imperial sovereignty was insufficient to restrain such powerful dependants; or to preserve the unity and tranquillity of the empire. The most furious private wars, accompanied with every species of calamity, were carried on between the different princes and states. The imperial authority, unable to maintain the public order, declined by degrees till it was almost extinct in the anarchy, which agitated the long interval between the death of the last emperor of the Suabian, and the accession of the first emperor of the Austrian lines. In the eleventh century the emperors enjoyed full sovereignty: In the fifteenth they had little more than the symbols and decorations of power.

Out of this feudal system, which has itself many of the important features of a confederacy, has grown the federal system which constitutes the Germanic empire. Its powers are vested in a diet representing the component members of the confederacy; in the emperor, who is the executive magistrate, with a negative on the decrees of the diet; and in the imperial chamber and the aulic council, two judiciary tribunals having supreme jurisdiction in controversies which concern the empire, or which happen among its members.

The diet possesses the general power of legislating for the empire; of making war and peace; contracting alliances; assessing quotas of troops and money; constructing fortresses; regulating coin; admitting new members; and subjecting disobedient members to the ban of the empire, by which the party is degraded from his sovereign rights and his possessions forfeited. The members of the confederacy are expressly restricted from entering into compacts prejudicial to the empire; from imposing tolls and duties on their mutual intercourse, without the consent of the emperor and diet; from altering the value of money; from doing injustice to one another; or from affording assistance or retreat to disturbers of the public peace. And the ban is denounced against such as shall violate any of these restrictions. The members of the diet, as such, are subject in all cases to be judged by the emperor and diet, and in their private capacities by the aulic council and imperial chamber.

The prerogatives of the emperor are numerous. The most important of them are: his exclusive right to make propositions to the diet; to negative its resolutions; to name ambassadors; to confer dignities and titles; to fill vacant electorates; to found universities; to grant privileges not injurious to the states of the empire; to receive and apply the public revenues; and generally to watch over the public safety. In certain cases, the electors form a council to him. In quality of emperor, he possesses no territory within the empire, nor receives any revenue for his support. But his revenue and dominions, in other qualities, constitute him one of the most powerful princes in Europe.

From such a parade of constitutional powers, in the representatives and head of this confederacy, the natural supposition would be, that it must form an exception to the general character which belongs to its kindred systems. Nothing would be further from the reality. The fundamental principle on which it rests, that the empire is a community of sovereigns, that the diet is a representation of sovereigns and that the laws are addressed to sovereigns, renders the empire a nerveless body, incapable of regulating its own members, insecure against external dangers, and agitated with unceasing fermentations in its own bowels.

The history of Germany is a history of wars between the emperor and the princes and states; of wars among the princes and states themselves; of the licentiousness of the strong, and the oppression of the weak; of foreign intrusions, and foreign intrigues; of requisitions of men and money disregarded, or partially complied with; of attempts to enforce them, altogether abortive, or attended with slaughter and desolation, involving the innocent with the guilty; of general inbecility, confusion, and misery.

In the sixteenth century, the emperor, with one part of the empire on his side, was seen engaged against the other princes and states. In one of the conflicts, the emperor himself was put to flight, and very near being made prisoner by the elector of Saxony. The late king of Prussia was more than once pitted against his imperial sovereign; and commonly proved an overmatch for him. Controversies and wars among the members themselves have been so common, that the German annals are crowded with the bloody pages which describe them. Previous to the peace of Westphalia, Germany was desolated by a war of thirty years, in which the emperor, with one half of the empire, was on one side, and Sweden, with the other half, on the opposite side. Peace was at length negotiated, and dictated by foreign powers; and the articles of it, to which foreign powers are parties, made a fundamental part of the Germanic constitution.

If the nation happens, on any emergency, to be more united by the necessity of self-defense, its situation is still deplorable. Military preparations must be preceded by so many tedious discussions, arising from the jealousies, pride, separate views, and clashing pretensions of sovereign bodies, that before the diet can settle the arrangements, the enemy are in the field; and before the federal troops are ready to take it, are retiring into winter quarters.

The small body of national troops, which has been judged necessary in time of peace, is defectively kept up, badly paid, infected with local prejudices, and supported by irregular and disproportionate contributions to the treasury.

The impossibility of maintaining order and dispensing justice among these sovereign subjects, produced the experiment of dividing the empire into nine or ten circles or districts; of giving them an interior organization, and of charging them with the military execution of the laws against delinquent and contumacious members. This experiment has only served to demonstrate more fully the radical vice of the constitution. Each circle is the miniature picture of the deformities of this political monster. They either fail to execute their commissions, or they do it with all the devastation and carnage of civil war. Sometimes whole circles are defaulters; and then they increase the mischief which they were instituted to remedy.

We may form some judgment of this scheme of military coercion from a sample given by Thuanus. In Donawerth, a free and imperial city of the circle of Suabia, the Abb 300 de St. Croix enjoyed certain immunities which had been reserved to him. In the exercise of these, on some public occasions, outrages were committed on him by the people of the city. The consequence was that the city was put under the ban of the empire, and the Duke of Bavaria, though director of another circle, obtained an appointment to enforce it. He soon appeared before the city with a corps of ten thousand troops, and finding it a fit occasion, as he had secretly intended from the beginning, to revive an antiquated claim, on the pretext that his ancestors had suffered the place to be dismembered from his territory, [1] he took possession of it in his own name, disarmed, and punished the inhabitants, and reannexed the city to his domains.

It may be asked, perhaps, what has so long kept this disjointed machine from falling entirely to pieces? The answer is obvious: The weakness of most of the members, who are unwilling to expose themselves to the mercy of foreign powers; the weakness of most of the principal members, compared with the formidable powers all around them; the vast weight and influence which the emperor derives from his separate and heriditary dominions; and the interest he feels in preserving a system with which his family pride is connected, and which constitutes him the first prince in Europe; –these causes support a feeble and precarious Union; whilst the repellant quality, incident to the nature of sovereignty, and which time continually strengthens, prevents any reform whatever, founded on a proper consolidation. Nor is it to be imagined, if this obstacle could be surmounted, that the neighboring powers would suffer a revolution to take place which would give to the empire the force and preeminence to which it is entitled. Foreign nations have long considered themselves as interested in the changes made by events in this constitution; and have, on various occasions, betrayed their policy of perpetuating its anarchy and weakness.

If more direct examples were wanting, Poland, as a government over local sovereigns, might not improperly be taken notice of. Nor could any proof more striking be given of the calamities flowing from such institutions. Equally unfit for self-government and self-defense, it has long been at the mercy of its powerful neighbors; who have lately had the mercy to disburden it of one third of its people and territories.

The connection among the Swiss cantons scarcely amounts to a confederacy; though it is sometimes cited as an instance of the stability of such institutions.

They have no common treasury; no common troops even in war; no common coin; no common judicatory; nor any other common mark of sovereignty.

They are kept together by the peculiarity of their topographical position; by their individual weakness and insignificancy; by the fear of powerful neighbors, to one of which they were formerly subject; by the few sources of contention among a people of such simple and homogeneous manners; by their joint interest in their dependent possessions; by the mutual aid they stand in need of, for suppressing insurrections and rebellions, an aid expressly stipulated and often required and afforded; and by the necessity of some regular and permanent provision for accomodating disputes among the cantons. The provision is, that the parties at variance shall each choose four judges out of the neutral cantons, who, in case of disagreement, choose an umpire. This tribunal, under an oath of impartiality, pronounces definitive sentence, which all the cantons are bound to enforce. The competency of this regulation may be estimated by a clause in their treaty of 1683, with Victor Amadeus of Savoy; in which he obliges himself to interpose as mediator in disputes between the cantons, and to employ force, if necessary, against the contumacious party.

So far as the peculiarity of their case will admit of comparison with that of the United States, it serves to confirm the principle intended to be established. Whatever efficacy the union may have had in ordinary cases, it appears that the moment a cause of difference sprang up, capable of trying its strength, it failed. The controversies on the subject of religion, which in three instances have kindled violent and bloody contests, may be said, in fact, to have severed the league. The Protestant and Catholic cantons have since had their separate diets, where all the most important concerns are adjusted, and which have left the general diet little other business than to take care of the common bailages.

That separation had another consequence, which merits attention. It produced opposite alliances with foreign powers: of Berne, at the head of the Protestant association, with the United Provinces; and of Luzerne, at the head of the Catholic association, with France.

PUBLIUS.

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union
From the New York Packet.
Tuesday, December 11, 1787.

Author: Alexander Hamilton and James Madison

To the People of the State of New York:

THE United Netherlands are a confederacy of republics, or rather of aristocracies of a very remarkable texture, yet confirming all the lessons derived from those which we have already reviewed.

The union is composed of seven coequal and sovereign states, and each state or province is a composition of equal and independent cities. In all important cases, not only the provinces but the cities must be unanimous.

The sovereignty of the Union is represented by the States-General, consisting usually of about fifty deputies appointed by the provinces. They hold their seats, some for life, some for six, three, and one years; from two provinces they continue in appointment during pleasure.

The States-General have authority to enter into treaties and alliances; to make war and peace; to raise armies and equip fleets; to ascertain quotas and demand contributions. In all these cases, however, unanimity and the sanction of their constituents are requisite. They have authority to appoint and receive ambassadors; to execute treaties and alliances already formed; to provide for the collection of duties on imports and exports; to regulate the mint, with a saving to the provincial rights; to govern as sovereigns the dependent territories. The provinces are restrained, unless with the general consent, from entering into foreign treaties; from establishing imposts injurious to others, or charging their neighbors with higher duties than their own subjects. A council of state, a chamber of accounts, with five colleges of admiralty, aid and fortify the federal administration.

The executive magistrate of the union is the stadtholder, who is now an hereditary prince. His principal weight and influence in the republic are derived from this independent title; from his great patrimonial estates; from his family connections with some of the chief potentates of Europe; and, more than all, perhaps, from his being stadtholder in the several provinces, as well as for the union; in which provincial quality he has the appointment of town magistrates under certain regulations, executes provincial decrees, presides when he pleases in the provincial tribunals, and has throughout the power of pardon.

As stadtholder of the union, he has, however, considerable prerogatives.

In his political capacity he has authority to settle disputes between the provinces, when other methods fail; to assist at the deliberations of the States-General, and at their particular conferences; to give audiences to foreign ambassadors, and to keep agents for his particular affairs at foreign courts.

In his military capacity he commands the federal troops, provides for garrisons, and in general regulates military affairs; disposes of all appointments, from colonels to ensigns, and of the governments and posts of fortified towns.

In his marine capacity he is admiral-general, and superintends and directs every thing relative to naval forces and other naval affairs; presides in the admiralties in person or by proxy; appoints lieutenant-admirals and other officers; and establishes councils of war, whose sentences are not executed till he approves them.

His revenue, exclusive of his private income, amounts to three hundred thousand florins. The standing army which he commands consists of about forty thousand men.

Such is the nature of the celebrated Belgic confederacy, as delineated on parchment. What are the characters which practice has stamped upon it? Imbecility in the government; discord among the provinces; foreign influence and indignities; a precarious existence in peace, and peculiar calamities from war.

It was long ago remarked by Grotius, that nothing but the hatred of his countrymen to the house of Austria kept them from being ruined by the vices of their constitution.

The union of Utrecht, says another respectable writer, reposes an authority in the States-General, seemingly sufficient to secure harmony, but the jealousy in each province renders the practice very different from the theory.

The same instrument, says another, obliges each province to levy certain contributions; but this article never could, and probably never will, be executed; because the inland provinces, who have little commerce, cannot pay an equal quota.

In matters of contribution, it is the practice to waive the articles of the constitution. The danger of delay obliges the consenting provinces to furnish their quotas, without waiting for the others; and then to obtain reimbursement from the others, by deputations, which are frequent, or otherwise, as they can. The great wealth and influence of the province of Holland enable her to effect both these purposes.

It has more than once happened, that the deficiencies had to be ultimately collected at the point of the bayonet; a thing practicable, though dreadful, in a confedracy where one of the members exceeds in force all the rest, and where several of them are too small to meditate resistance; but utterly impracticable in one composed of members, several of which are equal to each other in strength and resources, and equal singly to a vigorous and persevering defense.

Foreign ministers, says Sir William Temple, who was himself a foreign minister, elude matters taken ad referendum, by tampering with the provinces and cities. In 1726, the treaty of Hanover was delayed by these means a whole year. Instances of a like nature are numerous and notorious.

In critical emergencies, the States-General are often compelled to overleap their constitutional bounds. In 1688, they concluded a treaty of themselves at the risk of their heads. The treaty of Westphalia, in 1648, by which their independence was formerly and finally recognized, was concluded without the consent of Zealand. Even as recently as the last treaty of peace with Great Britain, the constitutional principle of unanimity was departed from. A weak constitution must necessarily terminate in dissolution, for want of proper powers, or the usurpation of powers requisite for the public safety. Whether the usurpation, when once begun, will stop at the salutary point, or go forward to the dangerous extreme, must depend on the contingencies of the moment. Tyranny has perhaps oftener grown out of the assumptions of power, called for, on pressing exigencies, by a defective constitution, than out of the full exercise of the largest constitutional authorities.

Notwithstanding the calamities produced by the stadtholdership, it has been supposed that without his influence in the individual provinces, the causes of anarchy manifest in the confederacy would long ago have dissolved it. “Under such a government,” says the Abbe Mably, “the Union could never have subsisted, if the provinces had not a spring within themselves, capable of quickening their tardiness, and compelling them to the same way of thinking. This spring is the stadtholder.” It is remarked by Sir William Temple, “that in the intermissions of the stadtholdership, Holland, by her riches and her authority, which drew the others into a sort of dependence, supplied the place.”

These are not the only circumstances which have controlled the tendency to anarchy and dissolution. The surrounding powers impose an absolute necessity of union to a certain degree, at the same time that they nourish by their intrigues the constitutional vices which keep the republic in some degree always at their mercy.

The true patriots have long bewailed the fatal tendency of these vices, and have made no less than four regular experiments by EXTRAORDINARY ASSEMBLIES, convened for the special purpose, to apply a remedy. As many times has their laudable zeal found it impossible to UNITE THE PUBLIC COUNCILS in reforming the known, the acknowledged, the fatal evils of the existing constitution. Let us pause, my fellow-citizens, for one moment, over this melancholy and monitory lesson of history; and with the tear that drops for the calamities brought on mankind by their adverse opinions and selfish passions, let our gratitude mingle an ejaculation to Heaven, for the propitious concord which has distinguished the consultations for our political happiness.

A design was also conceived of establishing a general tax to be administered by the federal authority. This also had its adversaries and failed.

This unhappy people seem to be now suffering from popular convulsions, from dissensions among the states, and from the actual invasion of foreign arms, the crisis of their distiny. All nations have their eyes fixed on the awful spectacle. The first wish prompted by humanity is, that this severe trial may issue in such a revolution of their government as will establish their union, and render it the parent of tranquillity, freedom and happiness: The next, that the asylum under which, we trust, the enjoyment of these blessings will speedily be secured in this country, may receive and console them for the catastrophe of their own.

I make no apology for having dwelt so long on the contemplation of these federal precedents. Experience is the oracle of truth; and where its responses are unequivocal, they ought to be conclusive and sacred. The important truth, which it unequivocally pronounces in the present case, is that a sovereignty over sovereigns, a government over governments, a legislation for communities, as contradistinguished from individuals, as it is a solecism in theory, so in practice it is subversive of the order and ends of civil polity, by substituting VIOLENCE in place of LAW, or the destructive COERCION of the SWORD in place of the mild and salutary COERCION of the MAGISTRACY.

PUBLIUS.

Other Defects of the Present Confederation
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

HAVING in the three last numbers taken a summary review of the principal circumstances and events which have depicted the genius and fate of other confederate governments, I shall now proceed in the enumeration of the most important of those defects which have hitherto disappointed our hopes from the system established among ourselves. To form a safe and satisfactory judgment of the proper remedy, it is absolutely necessary that we should be well acquainted with the extent and malignity of the disease.

The next most palpable defect of the subsisting Confederation, is the total want of a SANCTION to its laws. The United States, as now composed, have no powers to exact obedience, or punish disobedience to their resolutions, either by pecuniary mulcts, by a suspension or divestiture of privileges, or by any other constitutional mode. There is no express delegation of authority to them to use force against delinquent members; and if such a right should be ascribed to the federal head, as resulting from the nature of the social compact between the States, it must be by inference and construction, in the face of that part of the second article, by which it is declared, “that each State shall retain every power, jurisdiction, and right, not EXPRESSLY delegated to the United States in Congress assembled.” There is, doubtless, a striking absurdity in supposing that a right of this kind does not exist, but we are reduced to the dilemma either of embracing that supposition, preposterous as it may seem, or of contravening or explaining away a provision, which has been of late a repeated theme of the eulogies of those who oppose the new Constitution; and the want of which, in that plan, has been the subject of much plausible animadversion, and severe criticism. If we are unwilling to impair the force of this applauded provision, we shall be obliged to conclude, that the United States afford the extraordinary spectacle of a government destitute even of the shadow of constitutional power to enforce the execution of its own laws. It will appear, from the specimens which have been cited, that the American Confederacy, in this particular, stands discriminated from every other institution of a similar kind, and exhibits a new and unexampled phenomenon in the political world.

The want of a mutual guaranty of the State governments is another capital imperfection in the federal plan. There is nothing of this kind declared in the articles that compose it; and to imply a tacit guaranty from considerations of utility, would be a still more flagrant departure from the clause which has been mentioned, than to imply a tacit power of coercion from the like considerations.

The want of a guaranty, though it might in its consequences endanger the Union, does not so immediately attack its existence as the want of a constitutional sanction to its laws.

Without a guaranty the assistance to be derived from the Union in repelling those domestic dangers which may sometimes threaten the existence of the State constitutions, must be renounced. Usurpation may rear its crest in each State, and trample upon the liberties of the people, while the national government could legally do nothing more than behold its encroachments with indignation and regret. A successful faction may erect a tyranny on the ruins of order and law, while no succor could constitutionally be afforded by the Union to the friends and supporters of the government. The tempestuous situation from which Massachusetts has scarcely emerged, evinces that dangers of this kind are not merely speculative. Who can determine what might have been the issue of her late convulsions, if the malcontents had been headed by a Caesar or by a Cromwell? Who can predict what effect a despotism, established in Massachusetts, would have upon the liberties of New Hampshire or Rhode Island, of Connecticut or New York?

The inordinate pride of State importance has suggested to some minds an objection to the principle of a guaranty in the federal government, as involving an officious interference in the domestic concerns of the members. A scruple of this kind would deprive us of one of the principal advantages to be expected from union, and can only flow from a misapprehension of the nature of the provision itself. It could be no impediment to reforms of the State constitution by a majority of the people in a legal and peaceable mode. This right would remain undiminished. The guaranty could only operate against changes to be effected by violence. Towards the preventions of calamities of this kind, too many checks cannot be provided. The peace of society and the stability of government depend absolutely on the efficacy of the precautions adopted on this head. Where the whole power of the government is in the hands of the people, there is the less pretense for the use of violent remedies in partial or occasional distempers of the State. The natural cure for an ill-administration, in a popular or representative constitution, is a change of men. A guaranty by the national authority would be as much levelled against the usurpations of rulers as against the ferments and outrages of faction and sedition in the community.

The principle of regulating the contributions of the States to the common treasury by QUOTAS is another fundamental error in the Confederation. Its repugnancy to an adequate supply of the national exigencies has been already pointed out, and has sufficiently appeared from the trial which has been made of it. I speak of it now solely with a view to equality among the States. Those who have been accustomed to contemplate the circumstances which produce and constitute national wealth, must be satisfied that there is no common standard or barometer by which the degrees of it can be ascertained. Neither the value of lands, nor the numbers of the people, which have been successively proposed as the rule of State contributions, has any pretension to being a just representative. If we compare the wealth of the United Netherlands with that of Russia or Germany, or even of France, and if we at the same time compare the total value of the lands and the aggregate population of that contracted district with the total value of the lands and the aggregate population of the immense regions of either of the three last-mentioned countries, we shall at once discover that there is no comparison between the proportion of either of these two objects and that of the relative wealth of those nations. If the like parallel were to be run between several of the American States, it would furnish a like result. Let Virginia be contrasted with North Carolina, Pennsylvania with Connecticut, or Maryland with New Jersey, and we shall be convinced that the respective abilities of those States, in relation to revenue, bear little or no analogy to their comparative stock in lands or to their comparative population. The position may be equally illustrated by a similar process between the counties of the same State. No man who is acquainted with the State of New York will doubt that the active wealth of King’s County bears a much greater proportion to that of Montgomery than it would appear to be if we should take either the total value of the lands or the total number of the people as a criterion!

The wealth of nations depends upon an infinite variety of causes. Situation, soil, climate, the nature of the productions, the nature of the government, the genius of the citizens, the degree of information they possess, the state of commerce, of arts, of industry, these circumstances and many more, too complex, minute, or adventitious to admit of a particular specification, occasion differences hardly conceivable in the relative opulence and riches of different countries. The consequence clearly is that there can be no common measure of national wealth, and, of course, no general or stationary rule by which the ability of a state to pay taxes can be determined. The attempt, therefore, to regulate the contributions of the members of a confederacy by any such rule, cannot fail to be productive of glaring inequality and extreme oppression.

This inequality would of itself be sufficient in America to work the eventual destruction of the Union, if any mode of enforcing a compliance with its requisitions could be devised. The suffering States would not long consent to remain associated upon a principle which distributes the public burdens with so unequal a hand, and which was calculated to impoverish and oppress the citizens of some States, while those of others would scarcely be conscious of the small proportion of the weight they were required to sustain. This, however, is an evil inseparable from the principle of quotas and requisitions.

There is no method of steering clear of this inconvenience, but by authorizing the national government to raise its own revenues in its own way. Imposts, excises, and, in general, all duties upon articles of consumption, may be compared to a fluid, which will, in time, find its level with the means of paying them. The amount to be contributed by each citizen will in a degree be at his own option, and can be regulated by an attention to his resources. The rich may be extravagant, the poor can be frugal; and private oppression may always be avoided by a judicious selection of objects proper for such impositions. If inequalities should arise in some States from duties on particular objects, these will, in all probability, be counterbalanced by proportional inequalities in other States, from the duties on other objects. In the course of time and things, an equilibrium, as far as it is attainable in so complicated a subject, will be established everywhere. Or, if inequalities should still exist, they would neither be so great in their degree, so uniform in their operation, nor so odious in their appearance, as those which would necessarily spring from quotas, upon any scale that can possibly be devised.

It is a signal advantage of taxes on articles of consumption, that they contain in their own nature a security against excess. They prescribe their own limit; which cannot be exceeded without defeating the end proposed, that is, an extension of the revenue. When applied to this object, the saying is as just as it is witty, that, “in political arithmetic, two and two do not always make four

.” If duties are too high, they lessen the consumption; the collection is eluded; and the product to the treasury is not so great as when they are confined within proper and moderate bounds. This forms a complete barrier against any material oppression of the citizens by taxes of this class, and is itself a natural limitation of the power of imposing them.

Impositions of this kind usually fall under the denomination of indirect taxes, and must for a long time constitute the chief part of the revenue raised in this country. Those of the direct kind, which principally relate to land and buildings, may admit of a rule of apportionment. Either the value of land, or the number of the people, may serve as a standard. The state of agriculture and the populousness of a country have been considered as nearly connected with each other. And, as a rule, for the purpose intended, numbers, in the view of simplicity and certainty, are entitled to a preference. In every country it is a herculean task to obtain a valuation of the land; in a country imperfectly settled and progressive in improvement, the difficulties are increased almost to impracticability. The expense of an accurate valuation is, in all situations, a formidable objection. In a branch of taxation where no limits to the discretion of the government are to be found in the nature of things, the establishment of a fixed rule, not incompatible with the end, may be attended with fewer inconveniences than to leave that discretion altogether at large.

PUBLIUS.

The Same Subject Continued: Other Defects of the Present Confederation
From the New York Packet.
Friday, December 14, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

IN ADDITION to the defects already enumerated in the existing federal system, there are others of not less importance, which concur in rendering it altogether unfit for the administration of the affairs of the Union.

The want of a power to regulate commerce is by all parties allowed to be of the number. The utility of such a power has been anticipated under the first head of our inquiries; and for this reason, as well as from the universal conviction entertained upon the subject, little need be added in this place. It is indeed evident, on the most superficial view, that there is no object, either as it respects the interests of trade or finance, that more strongly demands a federal superintendence. The want of it has already operated as a bar to the formation of beneficial treaties with foreign powers, and has given occasions of dissatisfaction between the States. No nation acquainted with the nature of our political association would be unwise enough to enter into stipulations with the United States, by which they conceded privileges of any importance to them, while they were apprised that the engagements on the part of the Union might at any moment be violated by its members, and while they found from experience that they might enjoy every advantage they desired in our markets, without granting us any return but such as their momentary convenience might suggest. It is not, therefore, to be wondered at that Mr. Jenkinson, in ushering into the House of Commons a bill for regulating the temporary intercourse between the two countries, should preface its introduction by a declaration that similar provisions in former bills had been found to answer every purpose to the commerce of Great Britain, and that it would be prudent to persist in the plan until it should appear whether the American government was likely or not to acquire greater consistency.[1]

Several States have endeavored, by separate prohibitions, restrictions, and exclusions, to influence the conduct of that kingdom in this particular, but the want of concert, arising from the want of a general authority and from clashing and dissimilar views in the State, has hitherto frustrated every experiment of the kind, and will continue to do so as long as the same obstacles to a uniformity of measures continue to exist.

The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intcrcourse between the different parts of the Confederacy. “The commerce of the German empire [2] is in continual trammels from the multiplicity of the duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the fine streams and navigable rivers with which Germany is so happily watered are rendered almost useless.” Though the genius of the people of this country might never permit this description to be strictly applicable to us, yet we may reasonably expect, from the gradual conflicts of State regulations, that the citizens of each would at length come to be considered and treated by the others in no better light than that of foreigners and aliens.

The power of raising armies, by the most obvious construction of the articles of the Confederation, is merely a power of making requisitions upon the States for quotas of men. This practice in the course of the late war, was found replete with obstructions to a vigorous and to an economical system of defense. It gave birth to a competition between the States which created a kind of auction for men. In order to furnish the quotas required of them, they outbid each other till bounties grew to an enormous and insupportable size. The hope of a still further increase afforded an inducement to those who were disposed to serve to procrastinate their enlistment, and disinclined them from engaging for any considerable periods. Hence, slow and scanty levies of men, in the most critical emergencies of our affairs; short enlistments at an unparalleled expense; continual fluctuations in the troops, ruinous to their discipline and subjecting the public safety frequently to the perilous crisis of a disbanded army. Hence, also, those oppressive expedients for raising men which were upon several occasions practiced, and which nothing but the enthusiasm of liberty would have induced the people to endure.

This method of raising troops is not more unfriendly to economy and vigor than it is to an equal distribution of the burden. The States near the seat of war, influenced by motives of self-preservation, made efforts to furnish their quotas, which even exceeded their abilities; while those at a distance from danger were, for the most part, as remiss as the others were diligent, in their exertions. The immediate pressure of this inequality was not in this case, as in that of the contributions of money, alleviated by the hope of a final liquidation. The States which did not pay their proportions of money might at least be charged with their deficiencies; but no account could be formed of the deficiencies in the supplies of men. We shall not, however, see much reason to reget the want of this hope, when we consider how little prospect there is, that the most delinquent States will ever be able to make compensation for their pecuniary failures. The system of quotas and requisitions, whether it be applied to men or money, is, in every view, a system of imbecility in the Union, and of inequality and injustice among the members.

The right of equal suffrage among the States is another exceptionable part of the Confederation. Every idea of proportion and every rule of fair representation conspire to condemn a principle, which gives to Rhode Island an equal weight in the scale of power with Massachusetts, or Connecticut, or New York; and to Deleware an equal voice in the national deliberations with Pennsylvania, or Virginia, or North Carolina. Its operation contradicts the fundamental maxim of republican government, which requires that the sense of the majority should prevail. Sophistry may reply, that sovereigns are equal, and that a majority of the votes of the States will be a majority of confederated America. But this kind of logical legerdemain will never counteract the plain suggestions of justice and common-sense. It may happen that this majority of States is a small minority of the people of America [3]; and two thirds of the people of America could not long be persuaded, upon the credit of artificial distinctions and syllogistic subtleties, to submit their interests to the management and disposal of one third. The larger States would after a while revolt from the idea of receiving the law from the smaller. To acquiesce in such a privation of their due importance in the political scale, would be not merely to be insensible to the love of power, but even to sacrifice the desire of equality. It is neither rational to expect the first, nor just to require the last. The smaller States, considering how peculiarly their safety and welfare depend on union, ought readily to renounce a pretension which, if not relinquished, would prove fatal to its duration.

It may be objected to this, that not seven but nine States, or two thirds of the whole number, must consent to the most important resolutions; and it may be thence inferred that nine States would always comprehend a majority of the Union. But this does not obviate the impropriety of an equal vote between States of the most unequal dimensions and populousness; nor is the inference accurate in point of fact; for we can enumerate nine States which contain less than a majority of the people [4]; and it is constitutionally possible that these nine may give the vote. Besides, there are matters of considerable moment determinable by a bare majority; and there are others, concerning which doubts have been entertained, which, if interpreted in favor of the sufficiency of a vote of seven States, would extend its operation to interests of the first magnitude. In addition to this, it is to be observed that there is a probability of an increase in the number of States, and no provision for a proportional augmentation of the ratio of votes.

But this is not all: what at first sight may seem a remedy, is, in reality, a poison. To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision), is, in its tendency, to subject the sense of the greater number to that of the lesser. Congress, from the nonattendance of a few States, have been frequently in the situation of a Polish diet, where a single VOTE has been sufficient to put a stop to all their movements. A sixtieth part of the Union, which is about the proportion of Delaware and Rhode Island, has several times been able to oppose an entire bar to its operations. This is one of those refinements which, in practice, has an effect the reverse of what is expected from it in theory. The necessity of unanimity in public bodies, or of something approaching towards it, has been founded upon a supposition that it would contribute to security. But its real operation is to embarrass the administration, to destroy the energy of the government, and to substitute the pleasure, caprice, or artifices of an insignificant, turbulent, or corrupt junto, to the regular deliberations and decisions of a respectable majority. In those emergencies of a nation, in which the goodness or badness, the weakness or strength of its government, is of the greatest importance, there is commonly a necessity for action. The public business must, in some way or other, go forward. If a pertinacious minority can control the opinion of a majority, respecting the best mode of conducting it, the majority, in order that something may be done, must conform to the views of the minority; and thus the sense of the smaller number will overrule that of the greater, and give a tone to the national proceedings. Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public good. And yet, in such a system, it is even happy when such compromises can take place: for upon some occasions things will not admit of accommodation; and then the measures of government must be injuriously suspended, or fatally defeated. It is often, by the impracticability of obtaining the concurrence of the necessary number of votes, kept in a state of inaction. Its situation must always savor of weakness, sometimes border upon anarchy.

It is not difficult to discover, that a principle of this kind gives greater scope to foreign corruption, as well as to domestic faction, than that which permits the sense of the majority to decide; though the contrary of this has been presumed. The mistake has proceeded from not attending with due care to the mischiefs that may be occasioned by obstructing the progress of government at certain critical seasons. When the concurrence of a large number is required by the Constitution to the doing of any national act, we are apt to rest satisfied that all is safe, because nothing improper will be likely TO BE DONE, but we forget how much good may be prevented, and how much ill may be produced, by the power of hindering the doing what may be necessary, and of keeping affairs in the same unfavorable posture in which they may happen to stand at particular periods.

Suppose, for instance, we were engaged in a war, in conjunction with one foreign nation, against another. Suppose the necessity of our situation demanded peace, and the interest or ambition of our ally led him to seek the prosecution of the war, with views that might justify us in making separate terms. In such a state of things, this ally of ours would evidently find it much easier, by his bribes and intrigues, to tie up the hands of government from making peace, where two thirds of all the votes were requisite to that object, than where a simple majority would suffice. In the first case, he would have to corrupt a smaller number; in the last, a greater number. Upon the same principle, it would be much easier for a foreign power with which we were at war to perplex our councils and embarrass our exertions. And, in a commercial view, we may be subjected to similar inconveniences. A nation, with which we might have a treaty of commerce, could with much greater facility prevent our forming a connection with her competitor in trade, though such a connection should be ever so beneficial to ourselves.

Evils of this description ought not to be regarded as imaginary. One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption. An hereditary monarch, though often disposed to sacrifice his subjects to his ambition, has so great a personal interest in the government and in the external glory of the nation, that it is not easy for a foreign power to give him an equivalent for what he would sacrifice by treachery to the state. The world has accordingly been witness to few examples of this species of royal prostitution, though there have been abundant specimens of every other kind.

In republics, persons elevated from the mass of the community, by the suffrages of their fellow-citizens, to stations of great pre-eminence and power, may find compensations for betraying their trust, which, to any but minds animated and guided by superior virtue, may appear to exceed the proportion of interest they have in the common stock, and to overbalance the obligations of duty. Hence it is that history furnishes us with so many mortifying examples of the prevalency of foreign corruption in republican governments. How much this contributed to the ruin of the ancient commonwealths has been already delineated. It is well known that the deputies of the United Provinces have, in various instances, been purchased by the emissaries of the neighboring kingdoms. The Earl of Chesterfield (if my memory serves me right), in a letter to his court, intimates that his success in an important negotiation must depend on his obtaining a major’s commission for one of those deputies. And in Sweden the parties were alternately bought by France and England in so barefaced and notorious a manner that it excited universal disgust in the nation, and was a principal cause that the most limited monarch in Europe, in a single day, without tumult, violence, or opposition, became one of the most absolute and uncontrolled.

A circumstance which crowns the defects of the Confederation remains yet to be mentioned, the want of a judiciary power. Laws are a dead letter without courts to expound and define their true meaning and operation. The treaties of the United States, to have any force at all, must be considered as part of the law of the land. Their true import, as far as respects individuals, must, like all other laws, be ascertained by judicial determinations. To produce uniformity in these determinations, they ought to be submitted, in the last resort, to one SUPREME TRIBUNAL. And this tribunal ought to be instituted under the same authority which forms the treaties themselves. These ingredients are both indispensable. If there is in each State a court of final jurisdiction, there may be as many different final determinations on the same point as there are courts. There are endless diversities in the opinions of men. We often see not only different courts but the judges of the came court differing from each other. To avoid the confusion which would unavoidably result from the contradictory decisions of a number of independent judicatories, all nations have found it necessary to establish one court paramount to the rest, possessing a general superintendence, and authorized to settle and declare in the last resort a uniform rule of civil justice.

This is the more necessary where the frame of the government is so compounded that the laws of the whole are in danger of being contravened by the laws of the parts. In this case, if the particular tribunals are invested with a right of ultimate jurisdiction, besides the contradictions to be expected from difference of opinion, there will be much to fear from the bias of local views and prejudices, and from the interference of local regulations. As often as such an interference was to happen, there would be reason to apprehend that the provisions of the particular laws might be preferred to those of the general laws; for nothing is more natural to men in office than to look with peculiar deference towards that authority to which they owe their official existence. The treaties of the United States, under the present Constitution, are liable to the infractions of thirteen different legislatures, and as many different courts of final jurisdiction, acting under the authority of those legislatures. The faith, the reputation, the peace of the whole Union, are thus continually at the mercy of the prejudices, the passions, and the interests of every member of which it is composed. Is it possible that foreign nations can either respect or confide in such a government? Is it possible that the people of America will longer consent to trust their honor, their happiness, their safety, on so precarious a foundation?

In this review of the Confederation, I have confined myself to the exhibition of its most material defects; passing over those imperfections in its details by which even a great part of the power intended to be conferred upon it has been in a great measure rendered abortive. It must be by this time evident to all men of reflection, who can divest themselves of the prepossessions of preconceived opinions, that it is a system so radically vicious and unsound, as to admit not of amendment but by an entire change in its leading features and characters.

The organization of Congress is itself utterly improper for the exercise of those powers which are necessary to be deposited in the Union. A single assembly may be a proper receptacle of those slender, or rather fettered, authorities, which have been heretofore delegated to the federal head; but it would be inconsistent with all the principles of good government, to intrust it with those additional powers which, even the moderate and more rational adversaries of the proposed Constitution admit, ought to reside in the United States. If that plan should not be adopted, and if the necessity of the Union should be able to withstand the ambitious aims of those men who may indulge magnificent schemes of personal aggrandizement from its dissolution, the probability would be, that we should run into the project of conferring supplementary powers upon Congress, as they are now constituted; and either the machine, from the intrinsic feebleness of its structure, will moulder into pieces, in spite of our ill-judged efforts to prop it; or, by successive augmentations of its force an energy, as necessity might prompt, we shall finally accumulate, in a single body, all the most important prerogatives of sovereignty, and thus entail upon our posterity one of the most execrable forms of government that human infatuation ever contrived. Thus, we should create in reality that very tyranny which the adversaries of the new Constitution either are, or affect to be, solicitous to avert.

It has not a little contributed to the infirmities of the existing federal system, that it never had a ratification by the PEOPLE. Resting on no better foundation than the consent of the several legislatures, it has been exposed to frequent and intricate questions concerning the validity of its powers, and has, in some instances, given birth to the enormous doctrine of a right of legislative repeal. Owing its ratification to the law of a State, it has been contended that the same authority might repeal the law by which it was ratified. However gross a heresy it may be to maintain that a PARTY to a COMPACT has a right to revoke that COMPACT, the doctrine itself has had respectable advocates. The possibility of a question of this nature proves the necessity of laying the foundations of our national government deeper than in the mere sanction of delegated authority. The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.

PUBLIUS.

The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union
From the New York Packet.
Tuesday, December 18, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

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 the federal government, the quantity of power necessary to the accomplishment of those objects, the persons upon whom that power ought to operate. Its distribution and organization will more properly claim our attention under the succeeding head.

The principal purposes to be answered by union are these the common defense of the members; the preservation of the public peace as well against internal convulsions as external attacks; the regulation of commerce with other nations and between the States; the superintendence of our intercourse, political and commercial, with foreign countries.

The authorities essential to the common defense are these: to raise armies; to build and equip fleets; to prescribe rules for the government of both; to direct their operations; to provide for their support. These powers ought to exist without limitation, BECAUSE IT IS IMPOSSIBLE TO FORESEE OR DEFINE THE EXTENT AND VARIETY OF NATIONAL EXIGENCIES, OR THE CORRESPONDENT EXTENT AND VARIETY OF THE MEANS WHICH MAY BE NECESSARY TO SATISFY THEM. The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed. This power ought to be coextensive with all the possible combinations of such circumstances; and ought to be under the direction of the same councils which are appointed to preside over the common defense.

This is one of those truths which, to a correct and unprejudiced mind, carries its own evidence along with it; and may be obscured, but cannot be made plainer by argument or reasoning. It rests upon axioms as simple as they are universal; the MEANS ought to be proportioned to the END; the persons, from whose agency the attainment of any END is expected, ought to possess the MEANS by which it is to be attained.

Whether there ought to be a federal government intrusted with the care of the common defense, is a question in the first instance, open for discussion; but the moment it is decided in the affirmative, it will follow, that that government ought to be clothed with all the powers requisite to complete execution of its trust. And unless it can be shown that the circumstances which may affect the public safety are reducible within certain determinate limits; unless the contrary of this position can be fairly and rationally disputed, it must be admitted, as a necessary consequence, that there can be no limitation of that authority which is to provide for the defense and protection of the community, in any matter essential to its efficacy that is, in any matter essential to the FORMATION, DIRECTION, or SUPPORT of the NATIONAL FORCES.

Defective as the present Confederation has been proved to be, this principle appears to have been fully recognized by the framers of it; though they have not made proper or adequate provision for its exercise. Congress have an unlimited discretion to make requisitions of men and money; to govern the army and navy; to direct their operations. As their requisitions are made constitutionally binding upon the States, who are in fact under the most solemn obligations to furnish the supplies required of them, the intention evidently was that the United States should command whatever resources were by them judged requisite to the “common defense and general welfare.” It was presumed that a sense of their true interests, and a regard to the dictates of good faith, would be found sufficient pledges for the punctual performance of the duty of the members to the federal head.

The experiment has, however, demonstrated that this expectation was ill-founded and illusory; and the observations, made under the last head, will, I imagine, have sufficed to convince the impartial and discerning, that there is an absolute necessity for an entire change in the first principles of the system; that if we are in earnest about giving the Union energy and duration, we must abandon the vain project of legislating upon the States in their collective capacities; we must extend the laws of the federal government to the individual citizens of America; we must discard the fallacious scheme of quotas and requisitions, as equally impracticable and unjust. The result from all this is that the Union ought to be invested with full power to levy troops; to build and equip fleets; and to raise the revenues which will be required for the formation and support of an army and navy, in the customary and ordinary modes practiced in other governments.

If the circumstances of our country are such as to demand a compound instead of a simple, a confederate instead of a sole, government, the essential point which will remain to be adjusted will be to discriminate the OBJECTS, as far as it can be done, which shall appertain to the different provinces or departments of power; allowing to each the most ample authority for fulfilling the objects committed to its charge. Shall the Union be constituted the guardian of the common safety? Are fleets and armies and revenues necessary to this purpose? The government of the Union must be empowered to pass all laws, and to make all regulations which have relation to them. The same must be the case in respect to commerce, and to every other matter to which its jurisdiction is permitted to extend. Is the administration of justice between the citizens of the same State the proper department of the local governments? These must possess all the authorities which are connected with this object, and with every other that may be allotted to their particular cognizance and direction. Not to confer in each case a degree of power commensurate to the end, would be to violate the most obvious rules of prudence and propriety, and improvidently to trust the great interests of the nation to hands which are disabled from managing them with vigor and success.

Who is likely to make suitable provisions for the public defense, as that body to which the guardianship of the public safety is confided; which, as the centre of information, will best understand the extent and urgency of the dangers that threaten; as the representative of the WHOLE, will feel itself most deeply interested in the preservation of every part; which, from the responsibility implied in the duty assigned to it, will be most sensibly impressed with the necessity of proper exertions; and which, by the extension of its authority throughout the States, can alone establish uniformity and concert in the plans and measures by which the common safety is to be secured? Is there not a manifest inconsistency in devolving upon the federal government the care of the general defense, and leaving in the State governments the EFFECTIVE powers by which it is to be provided for? Is not a want of co-operation the infallible consequence of such a system? And will not weakness, disorder, an undue distribution of the burdens and calamities of war, an unnecessary and intolerable increase of expense, be its natural and inevitable concomitants? Have we not had unequivocal experience of its effects in the course of the revolution which we have just accomplished?

Every view we may take of the subject, as candid inquirers after truth, will serve to convince us, that it is both unwise and dangerous to deny the federal government an unconfined authority, as to all those objects which are intrusted to its management. It will indeed deserve the most vigilant and careful attention of the people, to see that it be modeled in such a manner as to admit of its being safely vested with the requisite powers. If any plan which has been, or may be, offered to our consideration, should not, upon a dispassionate inspection, be found to answer this description, it ought to be rejected. A government, the constitution of which renders it unfit to be trusted with all the powers which a free people OUGHT TO DELEGATE TO ANY GOVERNMENT, would be an unsafe and improper depositary of the NATIONAL INTERESTS. Wherever THESE can with propriety be confided, the coincident powers may safely accompany them. This is the true result of all just reasoning upon the subject. And the adversaries of the plan promulgated by the convention ought to have confined themselves to showing, that the internal structure of the proposed government was such as to render it unworthy of the confidence of the people. They ought not to have wandered into inflammatory declamations and unmeaning cavils about the extent of the powers. The POWERS are not too extensive for the OBJECTS of federal administration, or, in other words, for the management of our NATIONAL INTERESTS; nor can any satisfactory argument be framed to show that they are chargeable with such an excess. If it be true, as has been insinuated by some of the writers on the other side, that the difficulty arises from the nature of the thing, and that the extent of the country will not permit us to form a government in which such ample powers can safely be reposed, it would prove that we ought to contract our views, and resort to the expedient of separate confederacies, which will move within more practicable spheres. For the absurdity must continually stare us in the face of confiding to a government the direction of the most essential national interests, without daring to trust it to the authorities which are indispensible to their proper and efficient management. Let us not attempt to reconcile contradictions, but firmly embrace a rational alternative.

I trust, however, that the impracticability of one general system cannot be shown. I am greatly mistaken, if any thing of weight has yet been advanced of this tendency; and I flatter myself, that the observations which have been made in the course of these papers have served to place the reverse of that position in as clear a light as any matter still in the womb of time and experience can be susceptible of. This, at all events, must be evident, that the very difficulty itself, drawn from the extent of the country, is the strongest argument in favor of an energetic government; for any other can certainly never preserve the Union of so large an empire. If we embrace the tenets of those who oppose the adoption of the proposed Constitution, as the standard of our political creed, we cannot fail to verify the gloomy doctrines which predict the impracticability of a national system pervading entire limits of the present Confederacy.

PUBLIUS.

The Powers Necessary to the Common Defense Further Considered
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

To THE powers proposed to be conferred upon the federal government, in respect to the creation and direction of the national forces, I have met with but one specific objection, which, if I understand it right, is this, that proper provision has not been made against the existence of standing armies in time of peace; an objection which, I shall now endeavor to show, rests on weak and unsubstantial foundations.

It has indeed been brought forward in the most vague and general form, supported only by bold assertions, without the appearance of argument; without even the sanction of theoretical opinions; in contradiction to the practice of other free nations, and to the general sense of America, as expressed in most of the existing constitutions. The proprietory of this remark will appear, the moment it is recollected that the objection under consideration turns upon a supposed necessity of restraining the LEGISLATIVE authority of the nation, in the article of military establishments; a principle unheard of, except in one or two of our State constitutions, and rejected in all the rest.

A stranger to our politics, who was to read our newspapers at the present juncture, without having previously inspected the plan reported by the convention, would be naturally led to one of two conclusions: either that it contained a positive injunction, that standing armies should be kept up in time of peace; or that it vested in the EXECUTIVE the whole power of levying troops, without subjecting his discretion, in any shape, to the control of the legislature.

If he came afterwards to peruse the plan itself, he would be surprised to discover, that neither the one nor the other was the case; that the whole power of raising armies was lodged in the LEGISLATURE, not in the EXECUTIVE; that this legislature was to be a popular body, consisting of the representatives of the people periodically elected; and that instead of the provision he had supposed in favor of standing armies, there was to be found, in respect to this object, an important qualification even of the legislative discretion, in that clause which forbids the appropriation of money for the support of an army for any longer period than two years a precaution which, upon a nearer view of it, will appear to be a great and real security against the keeping up of troops without evident necessity.

Disappointed in his first surmise, the person I have supposed would be apt to pursue his conjectures a little further. He would naturally say to himself, it is impossible that all this vehement and pathetic declamation can be without some colorable pretext. It must needs be that this people, so jealous of their liberties, have, in all the preceding models of the constitutions which they have established, inserted the most precise and rigid precautions on this point, the omission of which, in the new plan, has given birth to all this apprehension and clamor.

If, under this impression, he proceeded to pass in review the several State constitutions, how great would be his disappointment to find that TWO ONLY of them[1] contained an interdiction of standing armies in time of peace; that the other eleven had either observed a profound silence on the subject, or had in express terms admitted the right of the Legislature to authorize their existence.

Still, however he would be persuaded that there must be some plausible foundation for the cry raised on this head. He would never be able to imagine, while any source of information remained unexplored, that it was nothing more than an experiment upon the public credulity, dictated either by a deliberate intention to deceive, or by the overflowings of a zeal too intemperate to be ingenuous. It would probably occur to him, that he would be likely to find the precautions he was in search of in the primitive compact between the States. Here, at length, he would expect to meet with a solution of the enigma. No doubt, he would observe to himself, the existing Confederation must contain the most explicit provisions against military establishments in time of peace; and a departure from this model, in a favorite point, has occasioned the discontent which appears to influence these political champions.

If he should now apply himself to a careful and critical survey of the articles of Confederation, his astonishment would not only be increased, but would acquire a mixture of indignation, at the unexpected discovery, that these articles, instead of containing the prohibition he looked for, and though they had, with jealous circumspection, restricted the authority of the State legislatures in this particular, had not imposed a single restraint on that of the United States. If he happened to be a man of quick sensibility, or ardent temper, he could now no longer refrain from regarding these clamors as the dishonest artifices of a sinister and unprincipled opposition to a plan which ought at least to receive a fair and candid examination from all sincere lovers of their country! How else, he would say, could the authors of them have been tempted to vent such loud censures upon that plan, about a point in which it seems to have conformed itself to the general sense of America as declared in its different forms of government, and in which it has even superadded a new and powerful guard unknown to any of them? If, on the contrary, he happened to be a man of calm and dispassionate feelings, he would indulge a sigh for the frailty of human nature, and would lament, that in a matter so interesting to the happiness of millions, the true merits of the question should be perplexed and entangled by expedients so unfriendly to an impartial and right determination. Even such a man could hardly forbear remarking, that a conduct of this kind has too much the appearance of an intention to mislead the people by alarming their passions, rather than to convince them by arguments addressed to their understandings.

But however little this objection may be countenanced, even by precedents among ourselves, it may be satisfactory to take a nearer view of its intrinsic merits. From a close examination it will appear that restraints upon the discretion of the legislature in respect to military establishments in time of peace, would be improper to be imposed, and if imposed, from the necessities of society, would be unlikely to be observed.

Though a wide ocean separates the United States from Europe, yet there are various considerations that warn us against an excess of confidence or security. On one side of us, and stretching far into our rear, are growing settlements subject to the dominion of Britain. On the other side, and extending to meet the British settlements, are colonies and establishments subject to the dominion of Spain. This situation and the vicinity of the West India Islands, belonging to these two powers create between them, in respect to their American possessions and in relation to us, a common interest. The savage tribes on our Western frontier ought to be regarded as our natural enemies, their natural allies, because they have most to fear from us, and most to hope from them. The improvements in the art of navigation have, as to the facility of communication, rendered distant nations, in a great measure, neighbors. Britain and Spain are among the principal maritime powers of Europe. A future concert of views between these nations ought not to be regarded as improbable. The increasing remoteness of consanguinity is every day diminishing the force of the family compact between France and Spain. And politicians have ever with great reason considered the ties of blood as feeble and precarious links of political connection. These circumstances combined, admonish us not to be too sanguine in considering ourselves as entirely out of the reach of danger.

Previous to the Revolution, and ever since the peace, there has been a constant necessity for keeping small garrisons on our Western frontier. No person can doubt that these will continue to be indispensable, if it should only be against the ravages and depredations of the Indians. These garrisons must either be furnished by occasional detachments from the militia, or by permanent corps in the pay of the government. The first is impracticable; and if practicable, would be pernicious. The militia would not long, if at all, submit to be dragged from their occupations and families to perform that most disagreeable duty in times of profound peace. And if they could be prevailed upon or compelled to do it, the increased expense of a frequent rotation of service, and the loss of labor and disconcertion of the industrious pursuits of individuals, would form conclusive objections to the scheme. It would be as burdensome and injurious to the public as ruinous to private citizens. The latter resource of permanent corps in the pay of the government amounts to a standing army in time of peace; a small one, indeed, but not the less real for being small. Here is a simple view of the subject, that shows us at once the impropriety of a constitutional interdiction of such establishments, and the necessity of leaving the matter to the discretion and prudence of the legislature.

In proportion to our increase in strength, it is probable, nay, it may be said certain, that Britain and Spain would augment their military establishments in our neighborhood. If we should not be willing to be exposed, in a naked and defenseless condition, to their insults and encroachments, we should find it expedient to increase our frontier garrisons in some ratio to the force by which our Western settlements might be annoyed. There are, and will be, particular posts, the possession of which will include the command of large districts of territory, and facilitate future invasions of the remainder. It may be added that some of those posts will be keys to the trade with the Indian nations. Can any man think it would be wise to leave such posts in a situation to be at any instant seized by one or the other of two neighboring and formidable powers? To act this part would be to desert all the usual maxims of prudence and policy.

If we mean to be a commercial people, or even to be secure on our Atlantic side, we must endeavor, as soon as possible, to have a navy. To this purpose there must be dock-yards and arsenals; and for the defense of these, fortifications, and probably garrisons. When a nation has become so powerful by sea that it can protect its dock-yards by its fleets, this supersedes the necessity of garrisons for that purpose; but where naval establishments are in their infancy, moderate garrisons will, in all likelihood, be found an indispensable security against descents for the destruction of the arsenals and dock-yards, and sometimes of the fleet itself.

PUBLIUS.

The Same Subject Continued: The Powers Necessary to the Common Defense Further Considered
From the New York Packet.
Friday, December 21, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

IT MAY perhaps be urged that the objects enumerated in the preceding number ought to be provided for by the State governments, under the direction of the Union. But this would be, in reality, an inversion of the primary principle of our political association, as it would in practice transfer the care of the common defense from the federal head to the individual members: a project oppressive to some States, dangerous to all, and baneful to the Confederacy.

The territories of Britain, Spain, and of the Indian nations in our neighborhood do not border on particular States, but encircle the Union from Maine to Georgia. The danger, though in different degrees, is therefore common. And the means of guarding against it ought, in like manner, to be the objects of common councils and of a common treasury. It happens that some States, from local situation, are more directly exposed. New York is of this class. Upon the plan of separate provisions, New York would have to sustain the whole weight of the establishments requisite to her immediate safety, and to the mediate or ultimate protection of her neighbors. This would neither be equitable as it respected New York nor safe as it respected the other States. Various inconveniences would attend such a system. The States, to whose lot it might fall to support the necessary establishments, would be as little able as willing, for a considerable time to come, to bear the burden of competent provisions. The security of all would thus be subjected to the parsimony, improvidence, or inability of a part. If the resources of such part becoming more abundant and extensive, its provisions should be proportionally enlarged, the other States would quickly take the alarm at seeing the whole military force of the Union in the hands of two or three of its members, and those probably amongst the most powerful. They would each choose to have some counterpoise, and pretenses could easily be contrived. In this situation, military establishments, nourished by mutual jealousy, would be apt to swell beyond their natural or proper size; and being at the separate disposal of the members, they would be engines for the abridgment or demolition of the national authcrity.

Reasons have been already given to induce a supposition that the State governments will too naturally be prone to a rivalship with that of the Union, the foundation of which will be the love of power; and that in any contest between the federal head and one of its members the people will be most apt to unite with their local government. If, in addition to this immense advantage, the ambition of the members should be stimulated by the separate and independent possession of military forces, it would afford too strong a temptation and too great a facility to them to make enterprises upon, and finally to subvert, the constitutional authority of the Union. On the other hand, the liberty of the people would be less safe in this state of things than in that which left the national forces in the hands of the national government. As far as an army may be considered as a dangerous weapon of power, it had better be in those hands of which the people are most likely to be jealous than in those of which they are least likely to be jealous. For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.

The framers of the existing Confederation, fully aware of the danger to the Union from the separate possession of military forces by the States, have, in express terms, prohibited them from having either ships or troops, unless with the consent of Congress. The truth is, that the existence of a federal government and military establishments under State authority are not less at variance with each other than a due supply of the federal treasury and the system of quotas and requisitions.

There are other lights besides those already taken notice of, in which the impropriety of restraints on the discretion of the national legislature will be equally manifest. The design of the objection, which has been mentioned, is to preclude standing armies in time of peace, though we have never been informed how far it is designed the prohibition should extend; whether to raising armies as well as to KEEPING THEM UP in a season of tranquillity or not. If it be confined to the latter it will have no precise signification, and it will be ineffectual for the purpose intended. When armies are once raised what shall be denominated “keeping them up,” contrary to the sense of the Constitution? What time shall be requisite to ascertain the violation? Shall it be a week, a month, a year? Or shall we say they may be continued as long as the danger which occasioned their being raised continues? This would be to admit that they might be kept up IN TIME OF PEACE, against threatening or impending danger, which would be at once to deviate from the literal meaning of the prohibition, and to introduce an extensive latitude of construction. Who shall judge of the continuance of the danger? This must undoubtedly be submitted to the national government, and the matter would then be brought to this issue, that the national government, to provide against apprehended danger, might in the first instance raise troops, and might afterwards keep them on foot as long as they supposed the peace or safety of the community was in any degree of jeopardy. It is easy to perceive that a discretion so latitudinary as this would afford ample room for eluding the force of the provision.

The supposed utility of a provision of this kind can only be founded on the supposed probability, or at least possibility, of a combination between the executive and the legislative, in some scheme of usurpation. Should this at any time happen, how easy would it be to fabricate pretenses of approaching danger! Indian hostilities, instigated by Spain or Britain, would always be at hand. Provocations to produce the desired appearances might even be given to some foreign power, and appeased again by timely concessions. If we can reasonably presume such a combination to have been formed, and that the enterprise is warranted by a sufficient prospect of success, the army, when once raised, from whatever cause, or on whatever pretext, may be applied to the execution of the project.

If, to obviate this consequence, it should be resolved to extend the prohibition to the RAISING of armies in time of peace, the United States would then exhibit the most extraordinary spectacle which the world has yet seen, that of a nation incapacitated by its Constitution to prepare for defense, before it was actually invaded. As the ceremony of a formal denunciation of war has of late fallen into disuse, the presence of an enemy within our territories must be waited for, as the legal warrant to the government to begin its levies of men for the protection of the State. We must receive the blow, before we could even prepare to return it. All that kind of policy by which nations anticipate distant danger, and meet the gathering storm, must be abstained from, as contrary to the genuine maxims of a free government. We must expose our property and liberty to the mercy of foreign invaders, and invite them by our weakness to seize the naked and defenseless prey, because we are afraid that rulers, created by our choice, dependent on our will, might endanger that liberty, by an abuse of the means necessary to its preservation.

Here I expect we shall be told that the militia of the country is its natural bulwark, and would be at all times equal to the national defense. This doctrine, in substance, had like to have lost us our independence. It cost millions to the United States that might have been saved. The facts which, from our own experience, forbid a reliance of this kind, are too recent to permit us to be the dupes of such a suggestion. The steady operations of war against a regular and disciplined army can only be successfully conducted by a force of the same kind. Considerations of economy, not less than of stability and vigor, confirm this position. The American militia, in the course of the late war, have, by their valor on numerous occasions, erected eternal monuments to their fame; but the bravest of them feel and know that the liberty of their country could not have been established by their efforts alone, however great and valuable they were. War, like most other things, is a science to be acquired and perfected by diligence, by perserverance, by time, and by practice.

All violent policy, as it is contrary to the natural and experienced course of human affairs, defeats itself. Pennsylvania, at this instant, affords an example of the truth of this remark. The Bill of Rights of that State declares that standing armies are dangerous to liberty, and ought not to be kept up in time of peace. Pennsylvania, nevertheless, in a time of profound peace, from the existence of partial disorders in one or two of her counties, has resolved to raise a body of troops; and in all probability will keep them up as long as there is any appearance of danger to the public peace. The conduct of Massachusetts affords a lesson on the same subject, though on different ground. That State (without waiting for the sanction of Congress, as the articles of the Confederation require) was compelled to raise troops to quell a domestic insurrection, and still keeps a corps in pay to prevent a revival of the spirit of revolt. The particular constitution of Massachusetts opposed no obstacle to the measure; but the instance is still of use to instruct us that cases are likely to occur under our government, as well as under those of other nations, which will sometimes render a military force in time of peace essential to the security of the society, and that it is therefore improper in this respect to control the legislative discretion. It also teaches us, in its application to the United States, how little the rights of a feeble government are likely to be respected, even by its own constituents. And it teaches us, in addition to the rest, how unequal parchment provisions are to a struggle with public necessity.

It was a fundamental maxim of the Lacedaemonian commonwealth, that the post of admiral should not be conferred twice on the same person. The Peloponnesian confederates, having suffered a severe defeat at sea from the Athenians, demanded Lysander, who had before served with success in that capacity, to command the combined fleets. The Lacedaemonians, to gratify their allies, and yet preserve the semblance of an adherence to their ancient institutions, had recourse to the flimsy subterfuge of investing Lysander with the real power of admiral, under the nominal title of vice-admiral. This instance is selected from among a multitude that might be cited to confirm the truth already advanced and illustrated by domestic examples; which is, that nations pay little regard to rules and maxims calculated in their very nature to run counter to the necessities of society. Wise politicians will be cautious about fettering the government with restrictions that cannot be observed, because they know that every breach of the fundamental laws, though dictated by necessity, impairs that sacred reverence which ought to be maintained in the breast of rulers towards the constitution of a country, and forms a precedent for other breaches where the same plea of necessity does not exist at all, or is less urgent and palpable.

PUBLIUS.

The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

IT WAS a thing hardly to be expected that in a popular revolution the minds of men should stop at that happy mean which marks the salutary boundary between POWER and PRIVILEGE, and combines the energy of government with the security of private rights. A failure in this delicate and important point is the great source of the inconveniences we experience, and if we are not cautious to avoid a repetition of the error, in our future attempts to rectify and ameliorate our system, we may travel from one chimerical project to another; we may try change after change; but we shall never be likely to make any material change for the better.

The idea of restraining the legislative authority, in the means of providing for the national defense, is one of those refinements which owe their origin to a zeal for liberty more ardent than enlightened. We have seen, however, that it has not had thus far an extensive prevalency; that even in this country, where it made its first appearance, Pennsylvania and North Carolina are the only two States by which it has been in any degree patronized; and that all the others have refused to give it the least countenance; wisely judging that confidence must be placed somewhere; that the necessity of doing it, is implied in the very act of delegating power; and that it is better to hazard the abuse of that confidence than to embarrass the government and endanger the public safety by impolitic restrictions on the legislative authority. The opponents of the proposed Constitution combat, in this respect, the general decision of America; and instead of being taught by experience the propriety of correcting any extremes into which we may have heretofore run, they appear disposed to conduct us into others still more dangerous, and more extravagant. As if the tone of government had been found too high, or too rigid, the doctrines they teach are calculated to induce us to depress or to relax it, by expedients which, upon other occasions, have been condemned or forborne. It may be affirmed without the imputation of invective, that if the principles they inculcate, on various points, could so far obtain as to become the popular creed, they would utterly unfit the people of this country for any species of government whatever. But a danger of this kind is not to be apprehended. The citizens of America have too much discernment to be argued into anarchy. And I am much mistaken, if experience has not wrought a deep and solemn conviction in the public mind, that greater energy of government is essential to the welfare and prosperity of the community.

It may not be amiss in this place concisely to remark the origin and progress of the idea, which aims at the exclusion of military establishments in time of peace. Though in speculative minds it may arise from a contemplation of the nature and tendency of such institutions, fortified by the events that have happened in other ages and countries, yet as a national sentiment, it must be traced to those habits of thinking which we derive from the nation from whom the inhabitants of these States have in general sprung.

In England, for a long time after the Norman Conquest, the authority of the monarch was almost unlimited. Inroads were gradually made upon the prerogative, in favor of liberty, first by the barons, and afterwards by the people, till the greatest part of its most formidable pretensions became extinct. But it was not till the revolution in 1688, which elevated the Prince of Orange to the throne of Great Britain, that English liberty was completely triumphant. As incident to the undefined power of making war, an acknowledged prerogative of the crown, Charles II. had, by his own authority, kept on foot in time of peace a body of 5,000 regular troops. And this number James II. increased to 30,000; who were paid out of his civil list. At the revolution, to abolish the exercise of so dangerous an authority, it became an article of the Bill of Rights then framed, that “the raising or keeping a standing army within the kingdom in time of peace, UNLESS WITH THE CONSENT OF PARLIAMENT, was against law.”

In that kingdom, when the pulse of liberty was at its highest pitch, no security against the danger of standing armies was thought requisite, beyond a prohibition of their being raised or kept up by the mere authority of the executive magistrate. The patriots, who effected that memorable revolution, were too temperate, too wellinformed, to think of any restraint on the legislative discretion. They were aware that a certain number of troops for guards and garrisons were indispensable; that no precise bounds could be set to the national exigencies; that a power equal to every possible contingency must exist somewhere in the government: and that when they referred the exercise of that power to the judgment of the legislature, they had arrived at the ultimate point of precaution which was reconcilable with the safety of the community.

From the same source, the people of America may be said to have derived an hereditary impression of danger to liberty, from standing armies in time of peace. The circumstances of a revolution quickened the public sensibility on every point connected with the security of popular rights, and in some instances raise the warmth of our zeal beyond the degree which consisted with the due temperature of the body politic. The attempts of two of the States to restrict the authority of the legislature in the article of military establishments, are of the number of these instances. The principles which had taught us to be jealous of the power of an hereditary monarch were by an injudicious excess extended to the representatives of the people in their popular assemblies. Even in some of the States, where this error was not adopted, we find unnecessary declarations that standing armies ought not to be kept up, in time of peace, WITHOUT THE CONSENT OF THE LEGISLATURE. I call them unnecessary, because the reason which had introduced a similar provision into the English Bill of Rights is not applicable to any of the State constitutions. The power of raising armies at all, under those constitutions, can by no construction be deemed to reside anywhere else, than in the legislatures themselves; and it was superfluous, if not absurd, to declare that a matter should not be done without the consent of a body, which alone had the power of doing it. Accordingly, in some of these constitutions, and among others, in that of this State of New York, which has been justly celebrated, both in Europe and America, as one of the best of the forms of government established in this country, there is a total silence upon the subject.

It is remarkable, that even in the two States which seem to have meditated an interdiction of military establishments in time of peace, the mode of expression made use of is rather cautionary than prohibitory. It is not said, that standing armies SHALL NOT BE kept up, but that they OUGHT NOT to be kept up, in time of peace. This ambiguity of terms appears to have been the result of a conflict between jealousy and conviction; between the desire of excluding such establishments at all events, and the persuasion that an absolute exclusion would be unwise and unsafe.

Can it be doubted that such a provision, whenever the situation of public affairs was understood to require a departure from it, would be interpreted by the legislature into a mere admonition, and would be made to yield to the necessities or supposed necessities of the State? Let the fact already mentioned, with respect to Pennsylvania, decide. What then (it may be asked) is the use of such a provision, if it cease to operate the moment there is an inclination to disregard it?

Let us examine whether there be any comparison, in point of efficacy, between the provision alluded to and that which is contained in the new Constitution, for restraining the appropriations of money for military purposes to the period of two years. The former, by aiming at too much, is calculated to effect nothing; the latter, by steering clear of an imprudent extreme, and by being perfectly compatible with a proper provision for the exigencies of the nation, will have a salutary and powerful operation.

The legislature of the United States will be OBLIGED, by this provision, once at least in every two years, to deliberate upon the propriety of keeping a military force on foot; to come to a new resolution on the point; and to declare their sense of the matter, by a formal vote in the face of their constituents. They are not AT LIBERTY to vest in the executive department permanent funds for the support of an army, if they were even incautious enough to be willing to repose in it so improper a confidence. As the spirit of party, in different degrees, must be expected to infect all political bodies, there will be, no doubt, persons in the national legislature willing enough to arraign the measures and criminate the views of the majority. The provision for the support of a military force will always be a favorable topic for declamation. As often as the question comes forward, the public attention will be roused and attracted to the subject, by the party in opposition; and if the majority should be really disposed to exceed the proper limits, the community will be warned of the danger, and will have an opportunity of taking measures to guard against it. Independent of parties in the national legislature itself, as often as the period of discussion arrived, the State legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if any thing improper appears, to sound the alarm to the people, and not only to be the VOICE, but, if necessary, the ARM of their discontent.

Schemes to subvert the liberties of a great community REQUIRE TIME to mature them for execution. An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose, not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? Is it presumable, that every man, the instant he took his seat in the national Senate or House of Representatives, would commence a traitor to his constituents and to his country? Can it be supposed that there would not be found one man, discerning enough to detect so atrocious a conspiracy, or bold or honest enough to apprise his constituents of their danger? If such presumptions can fairly be made, there ought at once to be an end of all delegated authority. The people should resolve to recall all the powers they have heretofore parted with out of their own hands, and to divide themselves into as many States as there are counties, in order that they may be able to manage their own concerns in person.

If such suppositions could even be reasonably made, still the concealment of the design, for any duration, would be impracticable. It would be announced, by the very circumstance of augmenting the army to so great an extent in time of profound peace. What colorable reason could be assigned, in a country so situated, for such vast augmentations of the military force? It is impossible that the people could be long deceived; and the destruction of the project, and of the projectors, would quickly follow the discovery.

It has been said that the provision which limits the appropriation of money for the support of an army to the period of two years would be unavailing, because the Executive, when once possessed of a force large enough to awe the people into submission, would find resources in that very force sufficient to enable him to dispense with supplies from the acts of the legislature. But the question again recurs, upon what pretense could he be put in possession of a force of that magnitude in time of peace? If we suppose it to have been created in consequence of some domestic insurrection or foreign war, then it becomes a case not within the principles of the objection; for this is levelled against the power of keeping up troops in time of peace. Few persons will be so visionary as seriously to contend that military forces ought not to be raised to quell a rebellion or resist an invasion; and if the defense of the community under such circumstances should make it necessary to have an army so numerous as to hazard its liberty, this is one of those calamaties for which there is neither preventative nor cure. It cannot be provided against by any possible form of government; it might even result from a simple league offensive and defensive, if it should ever be necessary for the confederates or allies to form an army for common defense.

But it is an evil infinitely less likely to attend us in a united than in a disunited state; nay, it may be safely asserted that it is an evil altogether unlikely to attend us in the latter situation. It is not easy to conceive a possibility that dangers so formidable can assail the whole Union, as to demand a force considerable enough to place our liberties in the least jeopardy, especially if we take into our view the aid to be derived from the militia, which ought always to be counted upon as a valuable and powerful auxiliary. But in a state of disunion (as has been fully shown in another place), the contrary of this supposition would become not only probable, but almost unavoidable.

PUBLIUS.

The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered
From the New York Packet.
Tuesday, December 25, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

IT HAS been urged, in different shapes, that a Constitution of the kind proposed by the convention cannot operate without the aid of a military force to execute its laws. This, however, like most other things that have been alleged on that side, rests on mere general assertion, unsupported by any precise or intelligible designation of the reasons upon which it is founded. As far as I have been able to divine the latent meaning of the objectors, it seems to originate in a presupposition that the people will be disinclined to the exercise of federal authority in any matter of an internal nature. Waiving any exception that might be taken to the inaccuracy or inexplicitness of the distinction between internal and external, let us inquire what ground there is to presuppose that disinclination in the people. Unless we presume at the same time that the powers of the general government will be worse administered than those of the State government, there seems to be no room for the presumption of ill-will, disaffection, or opposition in the people. I believe it may be laid down as a general rule that their confidence in and obedience to a government will commonly be proportioned to the goodness or badness of its administration. It must be admitted that there are exceptions to this rule; but these exceptions depend so entirely on accidental causes, that they cannot be considered as having any relation to the intrinsic merits or demerits of a constitution. These can only be judged of by general principles and maxims.

Various reasons have been suggested, in the course of these papers, to induce a probability that the general government will be better administered than the particular governments; the principal of which reasons are that the extension of the spheres of election will present a greater option, or latitude of choice, to the people; that through the medium of the State legislatures which are select bodies of men, and which are to appoint the members of the national Senate there is reason to expect that this branch will generally be composed with peculiar care and judgment; that these circumstances promise greater knowledge and more extensive information in the national councils, and that they will be less apt to be tainted by the spirit of faction, and more out of the reach of those occasional ill-humors, or temporary prejudices and propensities, which, in smaller societies, frequently contaminate the public councils, beget injustice and oppression of a part of the community, and engender schemes which, though they gratify a momentary inclination or desire, terminate in general distress, dissatisfaction, and disgust. Several additional reasons of considerable force, to fortify that probability, will occur when we come to survey, with a more critical eye, the interior structure of the edifice which we are invited to erect. It will be sufficient here to remark, that until satisfactory reasons can be assigned to justify an opinion, that the federal government is likely to be administered in such a manner as to render it odious or contemptible to the people, there can be no reasonable foundation for the supposition that the laws of the Union will meet with any greater obstruction from them, or will stand in need of any other methods to enforce their execution, than the laws of the particular members.

The hope of impunity is a strong incitement to sedition; the dread of punishment, a proportionably strong discouragement to it. Will not the government of the Union, which, if possessed of a due degree of power, can call to its aid the collective resources of the whole Confederacy, be more likely to repress the FORMER sentiment and to inspire the LATTER, than that of a single State, which can only command the resources within itself? A turbulent faction in a State may easily suppose itself able to contend with the friends to the government in that State; but it can hardly be so infatuated as to imagine itself a match for the combined efforts of the Union. If this reflection be just, there is less danger of resistance from irregular combinations of individuals to the authority of the Confederacy than to that of a single member.

I will, in this place, hazard an observation, which will not be the less just because to some it may appear new; which is, that the more the operations of the national authority are intermingled in the ordinary exercise of government, the more the citizens are accustomed to meet with it in the common occurrences of their political life, the more it is familiarized to their sight and to their feelings, the further it enters into those objects which touch the most sensible chords and put in motion the most active springs of the human heart, the greater will be the probability that it will conciliate the respect and attachment of the community. Man is very much a creature of habit. A thing that rarely strikes his senses will generally have but little influence upon his mind. A government continually at a distance and out of sight can hardly be expected to interest the sensations of the people. The inference is, that the authority of the Union, and the affections of the citizens towards it, will be strengthened, rather than weakened, by its extension to what are called matters of internal concern; and will have less occasion to recur to force, in proportion to the familiarity and comprehensiveness of its agency. The more it circulates through those channls and currents in which the passions of mankind naturally flow, the less will it require the aid of the violent and perilous expedients of compulsion.

One thing, at all events, must be evident, that a government like the one proposed would bid much fairer to avoid the necessity of using force, than that species of league contend for by most of its opponents; the authority of which should only operate upon the States in their political or collective capacities. It has been shown that in such a Confederacy there can be no sanction for the laws but force; that frequent delinquencies in the members are the natural offspring of the very frame of the government; and that as often as these happen, they can only be redressed, if at all, by war and violence.

The plan reported by the convention, by extending the authority of the federal head to the individual citizens of the several States, will enable the government to employ the ordinary magistracy of each, in the execution of its laws. It is easy to perceive that this will tend to destroy, in the common apprehension, all distinction between the sources from which they might proceed; and will give the federal government the same advantage for securing a due obedience to its authority which is enjoyed by the government of each State, in addition to the influence on public opinion which will result from the important consideration of its having power to call to its assistance and support the resources of the whole Union. It merits particular attention in this place, that the laws of the Confederacy, as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land; to the observance of which all officers, legislative, executive, and judicial, in each State, will be bound by the sanctity of an oath. Thus the legislatures, courts, and magistrates, of the respective members, will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS; and will be rendered auxiliary to the enforcement of its laws. [1] Any man who will pursue, by his own reflections, the consequences of this situation, will perceive that there is good ground to calculate upon a regular and peaceable execution of the laws of the Union, if its powers are administered with a common share of prudence. If we will arbitrarily suppose the contrary, we may deduce any inferences we please from the supposition; for it is certainly possible, by an injudicious exercise of the authorities of the best government that ever was, or ever can be instituted, to provoke and precipitate the people into the wildest excesses. But though the adversaries of the proposed Constitution should presume that the national rulers would be insensible to the motives of public good, or to the obligations of duty, I would still ask them how the interests of ambition, or the views of encroachment, can be promoted by such a conduct?

PUBLIUS.

The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

THAT there may happen cases in which the national government may be necessitated to resort to force, cannot be denied. Our own experience has corroborated the lessons taught by the examples of other nations; that emergencies of this sort will sometimes arise in all societies, however constituted; that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction.

Should such emergencies at any time happen under the national government, there could be no remedy but force. The means to be employed must be proportioned to the extent of the mischief. If it should be a slight commotion in a small part of a State, the militia of the residue would be adequate to its suppression; and the national presumption is that they would be ready to do their duty. An insurrection, whatever may be its immediate cause, eventually endangers all government. Regard to the public peace, if not to the rights of the Union, would engage the citizens to whom the contagion had not communicated itself to oppose the insurgents; and if the general government should be found in practice conducive to the prosperity and felicity of the people, it were irrational to believe that they would be disinclined to its support.

If, on the contrary, the insurrection should pervade a whole State, or a principal part of it, the employment of a different kind of force might become unavoidable. It appears that Massachusetts found it necessary to raise troops for repressing the disorders within that State; that Pennsylvania, from the mere apprehension of commotions among a part of her citizens, has thought proper to have recourse to the same measure. Suppose the State of New York had been inclined to re-establish her lost jurisdiction over the inhabitants of Vermont, could she have hoped for success in such an enterprise from the efforts of the militia alone? Would she not have been compelled to raise and to maintain a more regular force for the execution of her design? If it must then be admitted that the necessity of recurring to a force different from the militia, in cases of this extraordinary nature, is applicable to the State governments themselves, why should the possibility, that the national government might be under a like necessity, in similar extremities, be made an objection to its existence? Is it not surprising that men who declare an attachment to the Union in the abstract, should urge as an objection to the proposed Constitution what applies with tenfold weight to the plan for which they contend; and what, as far as it has any foundation in truth, is an inevitable consequence of civil society upon an enlarged scale? Who would not prefer that possibility to the unceasing agitations and frequent revolutions which are the continual scourges of petty republics?

Let us pursue this examination in another light. Suppose, in lieu of one general system, two, or three, or even four Confederacies were to be formed, would not the same difficulty oppose itself to the operations of either of these Confederacies? Would not each of them be exposed to the same casualties; and when these happened, be obliged to have recourse to the same expedients for upholding its authority which are objected to in a government for all the States? Would the militia, in this supposition, be more ready or more able to support the federal authority than in the case of a general union? All candid and intelligent men must, upon due consideration, acknowledge that the principle of the objection is equally applicable to either of the two cases; and that whether we have one government for all the States, or different governments for different parcels of them, or even if there should be an entire separation of the States, there might sometimes be a necessity to make use of a force constituted differently from the militia, to preserve the peace of the community and to maintain the just authority of the laws against those violent invasions of them which amount to insurrections and rebellions.

Independent of all other reasonings upon the subject, it is a full answer to those who require a more peremptory provision against military establishments in time of peace, to say that the whole power of the proposed government is to be in the hands of the representatives of the people. This is the essential, and, after all, only efficacious security for the rights and privileges of the people, which is attainable in civil society.[1]

If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair. The usurpers, clothed with the forms of legal authority, can too often crush the opposition in embryo. The smaller the extent of the territory, the more difficult will it be for the people to form a regular or systematic plan of opposition, and the more easy will it be to defeat their early efforts. Intelligence can be more speedily obtained of their preparations and movements, and the military force in the possession of the usurpers can be more rapidly directed against the part where the opposition has begun. In this situation there must be a peculiar coincidence of circumstances to insure success to the popular resistance.

The obstacles to usurpation and the facilities of resistance increase with the increased extent of the state, provided the citizens understand their rights and are disposed to defend them. The natural strength of the people in a large community, in proportion to the artificial strength of the government, is greater than in a small, and of course more competent to a struggle with the attempts of the government to establish a tyranny. But in a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate. Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!

It may safely be received as an axiom in our political system, that the State governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority. Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies of men, as of the people at large. The legislatures will have better means of information. They can discover the danger at a distance; and possessing all the organs of civil power, and the confidence of the people, they can at once adopt a regular plan of opposition, in which they can combine all the resources of the community. They can readily communicate with each other in the different States, and unite their common forces for the protection of their common liberty.

The great extent of the country is a further security. We have already experienced its utility against the attacks of a foreign power. And it would have precisely the same effect against the enterprises of ambitious rulers in the national councils. If the federal army should be able to quell the resistance of one State, the distant States would have it in their power to make head with fresh forces. The advantages obtained in one place must be abandoned to subdue the opposition in others; and the moment the part which had been reduced to submission was left to itself, its efforts would be renewed, and its resistance revive.

We should recollect that the extent of the military force must, at all events, be regulated by the resources of the country. For a long time to come, it will not be possible to maintain a large army; and as the means of doing this increase, the population and natural strength of the community will proportionably increase. When will the time arrive that the federal government can raise and maintain an army capable of erecting a despotism over the great body of the people of an immense empire, who are in a situation, through the medium of their State governments, to take measures for their own defense, with all the celerity, regularity, and system of independent nations? The apprehension may be considered as a disease, for which there can be found no cure in the resources of argument and reasoning.

PUBLIUS.

Concerning the Militia
From the Daily Advertiser.
Thursday, January 10, 1788

Author: Alexander Hamilton

To the People of the State of New York:

THE power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace of the Confederacy.

It requires no skill in the science of war to discern that uniformity in the organization and discipline of the militia would be attended with the most beneficial effects, whenever they were called into service for the public defense. It would enable them to discharge the duties of the camp and of the field with mutual intelligence and concert an advantage of peculiar moment in the operations of an army; and it would fit them much sooner to acquire the degree of proficiency in military functions which would be essential to their usefulness. This desirable uniformity can only be accomplished by confiding the regulation of the militia to the direction of the national authority. It is, therefore, with the most evident propriety, that the plan of the convention proposes to empower the Union “to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, RESERVING TO THE STATES RESPECTIVELY THE APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS.”

Of the different grounds which have been taken in opposition to the plan of the convention, there is none that was so little to have been expected, or is so untenable in itself, as the one from which this particular provision has been attacked. If a well-regulated militia be the most natural defense of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security. If standing armies are dangerous to liberty, an efficacious power over the militia, in the body to whose care the protection of the State is committed, ought, as far as possible, to take away the inducement and the pretext to such unfriendly institutions. If the federal government can command the aid of the militia in those emergencies which call for the military arm in support of the civil magistrate, it can the better dispense with the employment of a different kind of force. If it cannot avail itself of the former, it will be obliged to recur to the latter. To render an army unnecessary, will be a more certain method of preventing its existence than a thousand prohibitions upon paper.

In order to cast an odium upon the power of calling forth the militia to execute the laws of the Union, it has been remarked that there is nowhere any provision in the proposed Constitution for calling out the POSSE COMITATUS, to assist the magistrate in the execution of his duty, whence it has been inferred, that military force was intended to be his only auxiliary. There is a striking incoherence in the objections which have appeared, and sometimes even from the same quarter, not much calculated to inspire a very favorable opinion of the sincerity or fair dealing of their authors. The same persons who tell us in one breath, that the powers of the federal government will be despotic and unlimited, inform us in the next, that it has not authority sufficient even to call out the POSSE COMITATUS. The latter, fortunately, is as much short of the truth as the former exceeds it. It would be as absurd to doubt, that a right to pass all laws NECESSARY AND PROPER to execute its declared powers, would include that of requiring the assistance of the citizens to the officers who may be intrusted with the execution of those laws, as it would be to believe, that a right to enact laws necessary and proper for the imposition and collection of taxes would involve that of varying the rules of descent and of the alienation of landed property, or of abolishing the trial by jury in cases relating to it. It being therefore evident that the supposition of a want of power to require the aid of the POSSE COMITATUS is entirely destitute of color, it will follow, that the conclusion which has been drawn from it, in its application to the authority of the federal government over the militia, is as uncandid as it is illogical. What reason could there be to infer, that force was intended to be the sole instrument of authority, merely because there is a power to make use of it when necessary? What shall we think of the motives which could induce men of sense to reason in this manner? How shall we prevent a conflict between charity and judgment?

By a curious refinement upon the spirit of republican jealousy, we are even taught to apprehend danger from the militia itself, in the hands of the federal government. It is observed that select corps may be formed, composed of the young and ardent, who may be rendered subservient to the views of arbitrary power. What plan for the regulation of the militia may be pursued by the national government, is impossible to be foreseen. But so far from viewing the matter in the same light with those who object to select corps as dangerous, were the Constitution ratified, and were I to deliver my sentiments to a member of the federal legislature from this State on the subject of a militia establishment, I should hold to him, in substance, the following discourse:

“The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution. A tolerable expertness in military movements is a business that requires time and practice. It is not a day, or even a week, that will suffice for the attainment of it. To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss. It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States. To attempt a thing which would abridge the mass of labor and industry to so considerable an extent, would be unwise: and the experiment, if made, could not succeed, because it would not long be endured. Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.

“But though the scheme of disciplining the whole nation must be abandoned as mischievous or impracticable; yet it is a matter of the utmost importance that a well-digested plan should, as soon as possible, be adopted for the proper establishment of the militia. The attention of the government ought particularly to be directed to the formation of a select corps of moderate extent, upon such principles as will really fit them for service in case of need. By thus circumscribing the plan, it will be possible to have an excellent body of well-trained militia, ready to take the field whenever the defense of the State shall require it. This will not only lessen the call for military establishments, but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.”

Thus differently from the adversaries of the proposed Constitution should I reason on the same subject, deducing arguments of safety from the very sources which they represent as fraught with danger and perdition. But how the national legislature may reason on the point, is a thing which neither they nor I can foresee.

There is something so far-fetched and so extravagant in the idea of danger to liberty from the militia, that one is at a loss whether to treat it with gravity or with raillery; whether to consider it as a mere trial of skill, like the paradoxes of rhetoricians; as a disingenuous artifice to instil prejudices at any price; or as the serious offspring of political fanaticism. Where in the name of common-sense, are our fears to end if we may not trust our sons, our brothers, our neighbors, our fellow-citizens? What shadow of danger can there be from men who are daily mingling with the rest of their countrymen and who participate with them in the same feelings, sentiments, habits and interests? What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia, and to command its services when necessary, while the particular States are to have the SOLE AND EXCLUSIVE APPOINTMENT OF THE OFFICERS? If it were possible seriously to indulge a jealousy of the militia upon any conceivable establishment under the federal government, the circumstance of the officers being in the appointment of the States ought at once to extinguish it. There can be no doubt that this circumstance will always secure to them a preponderating influence over the militia.

In reading many of the publications against the Constitution, a man is apt to imagine that he is perusing some ill-written tale or romance, which instead of natural and agreeable images, exhibits to the mind nothing but frightful and distorted shapes “Gorgons, hydras, and chimeras dire”; discoloring and disfiguring whatever it represents, and transforming everything it touches into a monster.

A sample of this is to be observed in the exaggerated and improbable suggestions which have taken place respecting the power of calling for the services of the militia. That of New Hampshire is to be marched to Georgia, of Georgia to New Hampshire, of New York to Kentucky, and of Kentucky to Lake Champlain. Nay, the debts due to the French and Dutch are to be paid in militiamen instead of louis d’ors and ducats. At one moment there is to be a large army to lay prostrate the liberties of the people; at another moment the militia of Virginia are to be dragged from their homes five or six hundred miles, to tame the republican contumacy of Massachusetts; and that of Massachusetts is to be transported an equal distance to subdue the refractory haughtiness of the aristocratic Virginians. Do the persons who rave at this rate imagine that their art or their eloquence can impose any conceits or absurdities upon the people of America for infallible truths?

If there should be an army to be made use of as the engine of despotism, what need of the militia? If there should be no army, whither would the militia, irritated by being called upon to undertake a distant and hopeless expedition, for the purpose of riveting the chains of slavery upon a part of their countrymen, direct their course, but to the seat of the tyrants, who had meditated so foolish as well as so wicked a project, to crush them in their imagined intrenchments of power, and to make them an example of the just vengeance of an abused and incensed people? Is this the way in which usurpers stride to dominion over a numerous and enlightened nation? Do they begin by exciting the detestation of the very instruments of their intended usurpations? Do they usually commence their career by wanton and disgustful acts of power, calculated to answer no end, but to draw upon themselves universal hatred and execration? Are suppositions of this sort the sober admonitions of discerning patriots to a discerning people? Or are they the inflammatory ravings of incendiaries or distempered enthusiasts? If we were even to suppose the national rulers actuated by the most ungovernable ambition, it is impossible to believe that they would employ such preposterous means to accomplish their designs.

In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition. This was frequently the case, in respect to the first object, in the course of the late war; and this mutual succor is, indeed, a principal end of our political association. If the power of affording it be placed under the direction of the Union, there will be no danger of a supine and listless inattention to the dangers of a neighbor, till its near approach had superadded the incitements of selfpreservation to the too feeble impulses of duty and sympathy.

PUBLIUS.

Concerning the General Power of Taxation
From the New York Packet.
Friday, December 28, 1787.

Author: Alexander Hamilton

To the People of the State of New York:

IT HAS been already observed that the federal government ought to possess the power of providing for the support of the national forces; in which proposition was intended to be included the expense of raising troops, of building and equipping fleets, and all other expenses in any wise connected with military arrangements and operations. But these are not the only objects to which the jurisdiction of the Union, in respect to revenue, must necessarily be empowered to extend. It must embrace a provision for the support of the national civil list; for the payment of the national debts contracted, or that may be contracted; and, in general, for all those matters which will call for disbursements out of the national treasury. The conclusion is, that there must be interwoven, in the frame of the government, a general power of taxation, in one shape or another.

Money is, with propriety, considered as the vital principle of the body politic; as that which sustains its life and motion, and enables it to perform its most essential functions. A complete power, therefore, to procure a regular and adequate supply of it, as far as the resources of the community will permit, may be regarded as an indispensable ingredient in every constitution. From a deficiency in this particular, one of two evils must ensue; either the people must be subjected to continual plunder, as a substitute for a more eligible mode of supplying the public wants, or the government must sink into a fatal atrophy, and, in a short course of time, perish.

In the Ottoman or Turkish empire, the sovereign, though in other respects absolute master of the lives and fortunes of his subjects, has no right to impose a new tax. The consequence is that he permits the bashaws or governors of provinces to pillage the people without mercy; and, in turn, squeezes out of them the sums of which he stands in need, to satisfy his own exigencies and those of the state. In America, from a like cause, the government of the Union has gradually dwindled into a state of decay, approaching nearly to annihilation. Who can doubt, that the happiness of the people in both countries would be promoted by competent authorities in the proper hands, to provide the revenues which the necessities of the public might require?

The present Confederation, feeble as it is intended to repose in the United States, an unlimited power of providing for the pecuniary wants of the Union. But proceeding upon an erroneous principle, it has been done in such a manner as entirely to have frustrated the intention. Congress, by the articles which compose that compact (as has already been stated), are authorized to ascertain and call for any sums of money necessary, in their judgment, to the service of the United States; and their requisitions, if conformable to the rule of apportionment, are in every constitutional sense obligatory upon the States. These have no right to question the propriety of the demand; no discretion beyond that of devising the ways and means of furnishing the sums demanded. But though this be strictly and truly the case; though the assumption of such a right would be an infringement of the articles of Union; though it may seldom or never have been avowedly claimed, yet in practice it has been constantly exercised, and would continue to be so, as long as the revenues of the Confederacy should remain dependent on the intermediate agency of its members. What the consequences of this system have been, is within the knowledge of every man the least conversant in our public affairs, and has been amply unfolded in different parts of these inquiries. It is this which has chiefly contributed to reduce us to a situation, which affords ample cause both of mortification to ourselves, and of triumph to our enemies.

What remedy can there be for this situation, but in a change of the system which has produced it in a change of the fallacious and delusive system of quotas and requisitions? What substitute can there be imagined for this ignis fatuus in finance, but that of permitting the national government to raise its own revenues by the ordinary methods of taxation authorized in every well-ordered constitution of civil government? Ingenious men may declaim with plausibility on any subject; but no human ingenuity can point out any other expedient to rescue us from the inconveniences and embarrassments naturally resulting from defective supplies of the public treasury.

The more intelligent adversaries of the new Constitution admit the force of this reasoning; but they qualify their admission by a distinction between what they call INTERNAL and EXTERNAL taxation. The former they would reserve to the State governments; the latter, which they explain into commercial imposts, or rather duties on imported articles, they declare themselves willing to concede to the federal head. This distinction, however, would violate the maxim of good sense and sound policy, which dictates that every POWER ought to be in proportion to its OBJECT; and would still leave the general government in a kind of tutelage to the State governments, inconsistent with every idea of vigor or efficiency. Who can pretend that commercial imposts are, or would be, alone equal to the present and future exigencies of the Union? Taking into the account the existing debt, foreign and domestic, upon any plan of extinguishment which a man moderately impressed with the importance of public justice and public credit could approve, in addition to the establishments which all parties will acknowledge to be necessary, we could not reasonably flatter ourselves, that this resource alone, upon the most improved scale, would even suffice for its present necessities. Its future necessities admit not of calculation or limitation; and upon the principle, more than once adverted to, the power of making provision for them as they arise ought to be equally unconfined. I believe it may be regarded as a position warranted by the history of mankind, that, IN THE USUAL PROGRESS OF THINGS, THE NECESSITIES OF A NATION, IN EVERY STAGE OF ITS EXISTENCE, WILL BE FOUND AT LEAST EQUAL TO ITS RESOURCES.

To say that deficiencies may be provided for by requisitions upon the States, is on the one hand to acknowledge that this system cannot be depended upon, and on the other hand to depend upon it for every thing beyond a certain limit. Those who have carefully attended to its vices and deformities as they have been exhibited by experience or delineated in the course of these papers, must feel invincible repugnancy to trusting the national interests in any degree to its operation. Its inevitable tendency, whenever it is brought into activity, must be to enfeeble the Union, and sow the seeds of discord and contention between the federal head and its members, and between the members themselves. Can it be expected that the deficiencies would be better supplied in this mode than the total wants of the Union have heretofore been supplied in the same mode? It ought to be recollected that if less will be required from the States, they will have proportionably less means to answer the demand. If the opinions of those who contend for the distinction which has been mentioned were to be received as evidence of truth, one would be led to conclude that there was some known point in the economy of national affairs at which it would be safe to stop and to say: Thus far the ends of public happiness will be promoted by supplying the wants of government, and all beyond this is unworthy of our care or anxiety. How is it possible that a government half supplied and always necessitous, can fulfill the purposes of its institution, can provide for the security, advance the prosperity, or support the reputation of the commonwealth? How can it ever possess either energy or stability, dignity or credit, confidence at home or respectability abroad? How can its administration be any thing else than a succession of expedients temporizing, impotent, disgraceful? How will it be able to avoid a frequent sacrifice of its engagements to immediate necessity? How can it undertake or execute any liberal or enlarged plans of public good?

Let us attend to what would be the effects of this situation in the very first war in which we should happen to be engaged. We will presume, for argument’s sake, that the revenue arising from the impost duties answers the purposes of a provision for the public debt and of a peace establishment for the Union. Thus circumstanced, a war breaks out. What would be the probable conduct of the government in such an emergency? Taught by experience that proper dependence could not be placed on the success of requisitions, unable by its own authority to lay hold of fresh resources, and urged by considerations of national danger, would it not be driven to the expedient of diverting the funds already appropriated from their proper objects to the defense of the State? It is not easy to see how a step of this kind could be avoided; and if it should be taken, it is evident that it would prove the destruction of public credit at the very moment that it was becoming essential to the public safety. To imagine that at such a crisis credit might be dispensed with, would be the extreme of infatuation. In the modern system of war, nations the most wealthy are obliged to have recourse to large loans. A country so little opulent as ours must feel this necessity in a much stronger degree. But who would lend to a government that prefaced its overtures for borrowing by an act which demonstrated that no reliance could be placed on the steadiness of its measures for paying? The loans it might be able to procure would be as limited in their extent as burdensome in their conditions. They would be made upon the same principles that usurers commonly lend to bankrupt and fraudulent debtors, with a sparing hand and at enormous premiums.

It may perhaps be imagined that, from the scantiness of the resources of the country, the necessity of diverting the established funds in the case supposed would exist, though the national government should possess an unrestrained power of taxation. But two considerations will serve to quiet all apprehension on this head: one is, that we are sure the resources of the community, in their full extent, will be brought into activity for the benefit of the Union; the other is, that whatever deficiences there may be, can without difficulty be supplied by loans.

The power of creating new funds upon new objects of taxation, by its own authority, would enable the national government to borrow as far as its necessities might require. Foreigners, as well as the citizens of America, could then reasonably repose confidence in its engagements; but to depend upon a government that must itself depend upon thirteen other governments for the means of fulfilling its contracts, when once its situation is clearly understood, would require a degree of credulity not often to be met with in the pecuniary transactions of mankind, and little reconcilable with the usual sharp-sightedness of avarice.

Reflections of this kind may have trifling weight with men who hope to see realized in America the halcyon scenes of the poetic or fabulous age; but to those who believe we are likely to experience a common portion of the vicissitudes and calamities which have fallen to the lot of other nations, they must appear entitled to serious attention. Such men must behold the actual situation of their country with painful solicitude, and deprecate the evils which ambition or revenge might, with too much facility, inflict upon it.

PUBLIUS.

The Same Subject Continued: Concerning the General Power of Taxation
From the New York Packet.
Tuesday, January 1, 1788.

Author: Alexander Hamilton

To the People of the State of New York:

IN DISQUISITIONS of every kind, there are certain primary truths, or first principles, upon which all subsequent reasonings must depend. These contain an internal evidence which, antecedent to all reflection or combination, commands the assent of the mind. Where it produces not this effect, it must proceed either from some defect or disorder in the organs of perception, or from the influence of some strong interest, or passion, or prejudice. Of this nature are the maxims in geometry, that “the whole is greater than its part; things equal to the same are equal to one another; two straight lines cannot enclose a space; and all right angles are equal to each other.” Of the same nature are these other maxims in ethics and politics, that there cannot be an effect without a cause; that the means ought to be proportioned to the end; that every power ought to be commensurate with its object; that there ought to be no limitation of a power destined to effect a purpose which is itself incapable of limitation. And there are other truths in the two latter sciences which, if they cannot pretend to rank in the class of axioms, are yet such direct inferences from them, and so obvious in themselves, and so agreeable to the natural and unsophisticated dictates of common-sense, that they challenge the assent of a sound and unbiased mind, with a degree of force and conviction almost equally irresistible.

The objects of geometrical inquiry are so entirely abstracted from those pursuits which stir up and put in motion the unruly passions of the human heart, that mankind, without difficulty, adopt not only the more simple theorems of the science, but even those abstruse paradoxes which, however they may appear susceptible of demonstration, are at variance with the natural conceptions which the mind, without the aid of philosophy, would be led to entertain upon the subject. The INFINITE DIVISIBILITY of matter, or, in other words, the INFINITE divisibility of a FINITE thing, extending even to the minutest atom, is a point agreed among geometricians, though not less incomprehensible to common-sense than any of those mysteries in religion, against which the batteries of infidelity have been so industriously leveled.

But in the sciences of morals and politics, men are found far less tractable. To a certain degree, it is right and useful that this should be the case. Caution and investigation are a necessary armor against error and imposition. But this untractableness may be carried too far, and may degenerate into obstinacy, perverseness, or disingenuity. Though it cannot be pretended that the principles of moral and political knowledge have, in general, the same degree of certainty with those of the mathematics, yet they have much better claims in this respect than, to judge from the conduct of men in particular situations, we should be disposed to allow them. The obscurity is much oftener in the passions and prejudices of the reasoner than in the subject. Men, upon too many occasions, do not give their own understandings fair play; but, yielding to some untoward bias, they entangle themselves in words and confound themselves in subtleties.

How else could it happen (if we admit the objectors to be sincere in their opposition), that positions so clear as those which manifest the necessity of a general power of taxation in the government of the Union, should have to encounter any adversaries among men of discernment? Though these positions have been elsewhere fully stated, they will perhaps not be improperly recapitulated in this place, as introductory to an examination of what may have been offered by way of objection to them. They are in substance as follows:

A government ought to contain in itself every power requisite to the full accomplishment of the objects committed to its care, and to the complete execution of the trusts for which it is responsible, free from every other control but a regard to the public good and to the sense of the people.

As the duties of superintending the national defense and of securing the public peace against foreign or domestic violence involve a provision for casualties and dangers to which no possible limits can be assigned, the power of making that provision ought to know no other bounds than the exigencies of the nation and the resources of the community.

As revenue is the essential engine by which the means of answering the national exigencies must be procured, the power of procuring that article in its full extent must necessarily be comprehended in that of providing for those exigencies.

As theory and practice conspire to prove that the power of procuring revenue is unavailing when exercised over the States in their collective capacities, the federal government must of necessity be invested with an unqualified power of taxation in the ordinary modes.

Did not experience evince the contrary, it would be natural to conclude that the propriety of a general power of taxation in the national government might safely be permitted to rest on the evidence of these propositions, unassisted by any additional arguments or illustrations. But we find, in fact, that the antagonists of the proposed Constitution, so far from acquiescing in their justness or truth, seem to make their principal and most zealous effort against this part of the plan. It may therefore be satisfactory to analyze the arguments with which they combat it.

Those of them which have been most labored with that view, seem in substance to amount to this: “It is not true, because the exigencies of the Union may not be susceptible of limitation, that its power of laying taxes ought to be unconfined. Revenue is as requisite to the purposes of the local administrations as to those of the Union; and the former are at least of equal importance with the latter to the happiness of the people. It is, therefore, as necessary that the State governments should be able to command the means of supplying their wants, as that the national government should possess the like faculty in respect to the wants of the Union. But an indefinite power of taxation in the LATTER might, and probably would in time, deprive the FORMER of the means of providing for their own necessities; and would subject them entirely to the mercy of the national legislature. As the laws of the Union are to become the supreme law of the land, as it is to have power to pass all laws that may be NECESSARY for carrying into execution the authorities with which it is proposed to vest it, the national government might at any time abolish the taxes imposed for State objects upon the pretense of an interference with its own. It might allege a necessity of doing this in order to give efficacy to the national revenues. And thus all the resources of taxation might by degrees become the subjects of federal monopoly, to the entire exclusion and destruction of the State governments.”

This mode of reasoning appears sometimes to turn upon the supposition of usurpation in the national government; at other times it seems to be designed only as a deduction from the constitutional operation of its intended powers. It is only in the latter light that it can be admitted to have any pretensions to fairness. The moment we launch into conjectures about the usurpations of the federal government, we get into an unfathomable abyss, and fairly put ourselves out of the reach of all reasoning. Imagination may range at pleasure till it gets bewildered amidst the labyrinths of an enchanted castle, and knows not on which side to turn to extricate itself from the perplexities into which it has so rashly adventured. Whatever may be the limits or modifications of the powers of the Union, it is easy to imagine an endless train of possible dangers; and by indulging an excess of jealousy and timidity, we may bring ourselves to a state of absolute scepticism and irresolution. I repeat here what I have observed in substance in another place, that all observations founded upon the danger of usurpation ought to be referred to the composition and structure of the government, not to the nature or extent of its powers. The State governments, by their original constitutions, are invested with complete sovereignty. In what does our security consist against usurpation from that quarter? Doubtless in the manner of their formation, and in a due dependence of those who are to administer them upon the people. If the proposed construction of the federal government be found, upon an impartial examination of it, to be such as to afford, to a proper extent, the same species of security, all apprehensions on the score of usurpation ought to be discarded.

It should not be forgotten that a disposition in the State governments to encroach upon the rights of the Union is quite as probable as a disposition in the Union to encroach upon the rights of the State governments. What side would be likely to prevail in such a conflict, must depend on the means which the contending parties could employ toward insuring success. As in republics strength is always on the side of the people, and as there are weighty reasons to induce a belief that the State governments will commonly possess most influence over them, the natural conclusion is that such contests will be most apt to end to the disadvantage of the Union; and that there is greater probability of encroachments by the members upon the federal head, than by the federal head upon the members. But it is evident that all conjectures of this kind must be extremely vague and fallible: and that it is by far the safest course to lay them altogether aside, and to confine our attention wholly to the nature and extent of the powers as they are delineated in the Constitution. Every thing beyond this must be left to the prudence and firmness of the people; who, as they will hold the scales in their own hands, it is to be hoped, will always take care to preserve the constitutional equilibrium between the general and the State governments. Upon this ground, which is evidently the true one, it will not be difficult to obviate the objections which have been made to an indefinite power of taxation in the United States.

PUBLIUS.

The Same Subject Continued: Concerning the General Power of Taxation
From the Daily Advertiser.
Thursday, January 3, 1788.

Author: Alexander Hamilton

To the People of the State of New York:

ALTHOUGH I am of opinion that there would be no real danger of the consequences which seem to be apprehended to the State governments from a power in the Union to control them in the levies of money, because I am persuaded that the sense of the people, the extreme hazard of provoking the resentments of the State governments, and a conviction of the utility and necessity of local administrations for local purposes, would be a complete barrier against the oppressive use of such a power; yet I am willing here to allow, in its full extent, the justness of the reasoning which requires that the individual States should possess an independent and uncontrollable authority to raise their own revenues for the supply of their own wants. And making this concession, I affirm that (with the sole exception of duties on imports and exports) they would, under the plan of the convention, retain that authority in the most absolute and unqualified sense; and that an attempt on the part of the national government to abridge them in the exercise of it, would be a violent assumption of power, unwarranted by any article or clause of its Constitution.

An entire consolidation of the States into one complete national sovereignty would imply an entire subordination of the parts; and whatever powers might remain in them, would be altogether dependent on the general will. But as the plan of the convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States. This exclusive delegation, or rather this alienation, of State sovereignty, would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally CONTRADICTORY and REPUGNANT. I use these terms to distinguish this last case from another which might appear to resemble it, but which would, in fact, be essentially different; I mean where the exercise of a concurrent jurisdiction might be productive of occasional interferences in the POLICY of any branch of administration, but would not imply any direct contradiction or repugnancy in point of constitutional authority. These three cases of exclusive jurisdiction in the federal government may be exemplified by the following instances: The last clause but one in the eighth section of the first article provides expressly that Congress shall exercise “EXCLUSIVE LEGISLATION” over the district to be appropriated as the seat of government. This answers to the first case. The first clause of the same section empowers Congress “TO LAY AND COLLECT TAXES, DUTIES, IMPOSTS AND EXCISES”; and the second clause of the tenth section of the same article declares that, “NO STATE SHALL, without the consent of Congress, LAY ANY IMPOSTS OR DUTIES ON IMPORTS OR EXPORTS, except for the purpose of executing its inspection laws.” Hence would result an exclusive power in the Union to lay duties on imports and exports, with the particular exception mentioned; but this power is abridged by another clause, which declares that no tax or duty shall be laid on articles exported from any State; in consequence of which qualification, it now only extends to the DUTIES ON IMPORTS. This answers to the second case. The third will be found in that clause which declares that Congress shall have power “to establish an UNIFORM RULE of naturalization throughout the United States.” This must necessarily be exclusive; because if each State had power to prescribe a DISTINCT RULE, there could not be a UNIFORM RULE.

A case which may perhaps be thought to resemble the latter, but which is in fact widely different, affects the question immediately under consideration. I mean the power of imposing taxes on all articles other than exports and imports. This, I contend, is manifestly a concurrent and coequal authority in the United States and in the individual States. There is plainly no expression in the granting clause which makes that power EXCLUSIVE in the Union. There is no independent clause or sentence which prohibits the States from exercising it. So far is this from being the case, that a plain and conclusive argument to the contrary is to be deduced from the restraint laid upon the States in relation to duties on imports and exports. This restriction implies an admission that, if it were not inserted, the States would possess the power it excludes; and it implies a further admission, that as to all other taxes, the authority of the States remains undiminished. In any other view it would be both unnecessary and dangerous; it would be unnecessary, because if the grant to the Union of the power of laying such duties implied the exclusion of the States, or even their subordination in this particular, there could be no need of such a restriction; it would be dangerous, because the introduction of it leads directly to the conclusion which has been mentioned, and which, if the reasoning of the objectors be just, could not have been intended; I mean that the States, in all cases to which the restriction did not apply, would have a concurrent power of taxation with the Union. The restriction in question amounts to what lawyers call a NEGATIVE PREGNANT that is, a NEGATION of one thing, and an AFFIRMANCE of another; a negation of the authority of the States to impose taxes on imports and exports, and an affirmance of their authority to impose them on all other articles. It would be mere sophistry to argue that it was meant to exclude them ABSOLUTELY from the imposition of taxes of the former kind, and to leave them at liberty to lay others SUBJECT TO THE CONTROL of the national legislature. The restraining or prohibitory clause only says, that they shall not, WITHOUT THE CONSENT OF CONGRESS, lay such duties; and if we are to understand this in the sense last mentioned, the Constitution would then be made to introduce a formal provision for the sake of a very absurd conclusion; which is, that the States, WITH THE CONSENT of the national legislature, might tax imports and exports; and that they might tax every other article, UNLESS CONTROLLED by the same body. If this was the intention, why not leave it, in the first instance, to what is alleged to be the natural operation of the original clause, conferring a general power of taxation upon the Union? It is evident that this could not have been the intention, and that it will not bear a construction of the kind.

As to a supposition of repugnancy between the power of taxation in the States and in the Union, it cannot be supported in that sense which would be requisite to work an exclusion of the States. It is, indeed, possible that a tax might be laid on a particular article by a State which might render it INEXPEDIENT that thus a further tax should be laid on the same article by the Union; but it would not imply a constitutional inability to impose a further tax. The quantity of the imposition, the expediency or inexpediency of an increase on either side, would be mutually questions of prudence; but there would be involved no direct contradiction of power. The particular policy of the national and of the State systems of finance might now and then not exactly coincide, and might require reciprocal forbearances. It is not, however a mere possibility of inconvenience in the exercise of powers, but an immediate constitutional repugnancy that can by implication alienate and extinguish a pre-existing right of sovereignty.

The necessity of a concurrent jurisdiction in certain cases results from the division of the sovereign power; and the rule that all authorities, of which the States are not explicitly divested in favor of the Union, remain with them in full vigor, is not a theoretical consequence of that division, but is clearly admitted by the whole tenor of the instrument which contains the articles of the proposed Constitution. We there find that, notwithstanding the affirmative grants of general authorities, there has been the most pointed care in those cases where it was deemed improper that the like authorities should reside in the States, to insert negative clauses prohibiting the exercise of them by the States. The tenth section of the first article consists altogether of such provisions. This circumstance is a clear indication of the sense of the convention, and furnishes a rule of interpretation out of the body of the act, which justifies the position I have advanced and refutes every hypothesis to the contrary.

PUBLIUS.

The Same Subject Continued: Concerning the General Power of Taxation
From the Daily Advertiser.
Thursday, January 3, 1788

Author: Alexander Hamilton

To the People of the State of New York:

THE residue of the argument against the provisions of the Constitution in respect to taxation is ingrafted upon the following clause. The last clause of the eighth section of the first article of the plan under consideration authorizes the national legislature “to make all laws which shall be NECESSARY and PROPER for carrying into execution THE POWERS by that Constitution vested in the government of the United States, or in any department or officer thereof”; and the second clause of the sixth article declares, “that the Constitution and the laws of the United States made IN PURSUANCE THEREOF, and the treaties made by their authority shall be the SUPREME LAW of the land, any thing in the constitution or laws of any State to the contrary notwithstanding.”

These two clauses have been the source of much virulent invective and petulant declamation against the proposed Constitution. They have been held up to the people in all the exaggerated colors of misrepresentation as the pernicious engines by which their local governments were to be destroyed and their liberties exterminated; as the hideous monster whose devouring jaws would spare neither sex nor age, nor high nor low, nor sacred nor profane; and yet, strange as it may appear, after all this clamor, to those who may not have happened to contemplate them in the same light, it may be affirmed with perfect confidence that the constitutional operation of the intended government would be precisely the same, if these clauses were entirely obliterated, as if they were repeated in every article. They are only declaratory of a truth which would have resulted by necessary and unavoidable implication from the very act of constituting a federal government, and vesting it with certain specified powers. This is so clear a proposition, that moderation itself can scarcely listen to the railings which have been so copiously vented against this part of the plan, without emotions that disturb its equanimity.

What is a power, but the ability or faculty of doing a thing? What is the ability to do a thing, but the power of employing the MEANS necessary to its execution? What is a LEGISLATIVE power, but a power of making LAWS? What are the MEANS to execute a LEGISLATIVE power but LAWS? What is the power of laying and collecting taxes, but a LEGISLATIVE POWER, or a power of MAKING LAWS, to lay and collect taxes? What are the propermeans of executing such a power, but NECESSARY and PROPER laws?

This simple train of inquiry furnishes us at once with a test by which to judge of the true nature of the clause complained of. It conducts us to this palpable truth, that a power to lay and collect taxes must be a power to pass all laws NECESSARY and PROPER for the execution of that power; and what does the unfortunate and culumniated provision in question do more than declare the same truth, to wit, that the national legislature, to whom the power of laying and collecting taxes had been previously given, might, in the execution of that power, pass all laws NECESSARY and PROPER to carry it into effect? I have applied these observations thus particularly to the power of taxation, because it is the immediate subject under consideration, and because it is the most important of the authorities proposed to be conferred upon the Union. But the same process will lead to the same result, in relation to all other powers declared in the Constitution. And it is EXPRESSLY to execute these powers that the sweeping clause, as it has been affectedly called, authorizes the national legislature to pass all NECESSARY and PROPER laws. If there is any thing exceptionable, it must be sought for in the specific powers upon which this general declaration is predicated. The declaration itself, though it may be chargeable with tautology or redundancy, is at least perfectly harmless.

But SUSPICION may ask, Why then was it introduced? The answer is, that it could only have been done for greater caution, and to guard against all cavilling refinements in those who might hereafter feel a disposition to curtail and evade the legitimatb authorities of the Union. The Convention probably foresaw, what it has been a principal aim of these papers to inculcate, that the danger which most threatens our political welfare is that the State governments will finally sap the foundations of the Union; and might therefore think it necessary, in so cardinal a point, to leave nothing to construction. Whatever may have been the inducement to it, the wisdom of the precaution is evident from the cry which has been raised against it; as that very cry betrays a disposition to question the great and essential truth which it is manifestly the object of that provision to declare.

But it may be again asked, Who is to judge of the NECESSITY and PROPRIETY of the laws to be passed for executing the powers of the Union? I answer, first, that this question arises as well and as fully upon the simple grant of those powers as upon the declaratory clause; and I answer, in the second place, that the national government, like every other, must judge, in the first instance, of the proper exercise of its powers, and its constituents in the last. If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify. The propriety of a law, in a constitutional light, must always be determined by the nature of the powers upon which it is founded. Suppose, by some forced constructions of its authority (which, indeed, cannot easily be imagined), the Federal legislature should attempt to vary the law of descent in any State, would it not be evident that, in making such an attempt, it had exceeded its jurisdiction, and infringed upon that of the State? Suppose, again, that upon the pretense of an interference with its revenues, it should undertake to abrogate a landtax imposed by the authority of a State; would it not be equally evident that this was an invasion of that concurrent jurisdiction in respect to this species of tax, which its Constitution plainly supposes to exist in the State governments? If there ever should be a doubt on this head, the credit of it will be entirely due to those reasoners who, in the imprudent zeal of their animosity to the plan of the convention, have labored to envelop it in a cloud calculated to obscure the plainest and simplest truths.

But it is said that the laws of the Union are to be the SUPREME LAW of the land. But what inference can be drawn from this, or what would they amount to, if they were not to be supreme? It is evident they would amount to nothing. A LAW, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe. This results from every political association. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted to it by its constitution, must necessarily be supreme over those societies, and the individuals of whom they are composed. It would otherwise be a mere treaty, dependent on the good faith of the parties, and not a goverment, which is only another word for POLITICAL POWER AND SUPREMACY. But it will not follow from this doctrine that acts of the large society which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. Hence we perceive that the clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government. It will not, I presume, have escaped observation, that it EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION; which I mention merely as an instance of caution in the convention; since that limitation would have been to be understood, though it had not been expressed.

Though a law, therefore, laying a tax for the use of the United States would be supreme in its nature, and could not legally be opposed or controlled, yet a law for abrogating or preventing the collection of a tax laid by the authority of the State, (unless upon imports and exports), would not be the supreme law of the land, but a usurpation of power not granted by the Constitution. As far as an improper accumulation of taxes on the same object might tend to render the collection difficult or precarious, this would be a mutual inconvenience, not arising from a superiority or defect of power on either side, but from an injudicious exercise of power by one or the other, in a manner equally disadvantageous to both. It is to be hoped and presumed, however, that mutual interest would dictate a concert in this respect which would avoid any material inconvenience. The inference from the whole is, that the individual States would, under the proposed Constitution, retain an independent and uncontrollable authority to raise revenue to any extent of which they may stand in need, by every kind of taxation, except duties on imports and exports. It will be shown in the next paper that this CONCURRENT JURISDICTION in the article of taxation was the only admissible substitute for an entire subordination, in respect to this branch of power, of the State authority to that of the Union.

PUBLIUS.

The Same Subject Continued: Concerning the General Power of Taxation
From the New York Packet.
Friday, January 4, 1788.

Author: Alexander Hamilton

To the People of the State of New York:

I FLATTER myself it has been clearly shown in my last number that the particular States, under the proposed Constitution, would have COEQUAL authority with the Union in the article of revenue, except as to duties on imports. As this leaves open to the States far the greatest part of the resources of the community, there can be no color for the assertion that they would not possess means as abundant as could be desired for the supply of their own wants, independent of all external control. That the field is sufficiently wide will more fully appear when we come to advert to the inconsiderable share of the public expenses for which it will fall to the lot of the State governments to provide.

To argue upon abstract principles that this co-ordinate authority cannot exist, is to set up supposition and theory against fact and reality. However proper such reasonings might be to show that a thing OUGHT NOT TO EXIST, they are wholly to be rejected when they are made use of to prove that it does not exist contrary to the evidence of the fact itself. It is well known that in the Roman republic the legislative authority, in the last resort, resided for ages in two different political bodies not as branches of the same legislature, but as distinct and independent legislatures, in each of which an opposite interest prevailed: in one the patrician; in the other, the plebian. Many arguments might have been adduced to prove the unfitness of two such seemingly contradictory authorities, each having power to ANNUL or REPEAL the acts of the other. But a man would have been regarded as frantic who should have attempted at Rome to disprove their existence. It will be readily understood that I allude to the COMITIA CENTURIATA and the COMITIA TRIBUTA. The former, in which the people voted by centuries, was so arranged as to give a superiority to the patrician interest; in the latter, in which numbers prevailed, the plebian interest had an entire predominancy. And yet these two legislatures coexisted for ages, and the Roman republic attained to the utmost height of human greatness.

In the case particularly under consideration, there is no such contradiction as appears in the example cited; there is no power on either side to annul the acts of the other. And in practice there is little reason to apprehend any inconvenience; because, in a short course of time, the wants of the States will naturally reduce themselves within A VERY NARROW COMPASS; and in the interim, the United States will, in all probability, find it convenient to abstain wholly from those objects to which the particular States would be inclined to resort.

To form a more precise judgment of the true merits of this question, it will be well to advert to the proportion between the objects that will require a federal provision in respect to revenue, and those which will require a State provision. We shall discover that the former are altogether unlimited, and that the latter are circumscribed within very moderate bounds. In pursuing this inquiry, we must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity. Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs. Nothing, therefore, can be more fallacious than to infer the extent of any power, proper to be lodged in the national government, from an estimate of its immediate necessities. There ought to be a CAPACITY to provide for future contingencies as they may happen; and as these are illimitable in their nature, it is impossible safely to limit that capacity. It is true, perhaps, that a computation might be made with sufficient accuracy to answer the purpose of the quantity of revenue requisite to discharge the subsisting engagements of the Union, and to maintain those establishments which, for some time to come, would suffice in time of peace. But would it be wise, or would it not rather be the extreme of folly, to stop at this point, and to leave the government intrusted with the care of the national defense in a state of absolute incapacity to provide for the protection of the community against future invasions of the public peace, by foreign war or domestic convulsions? If, on the contrary, we ought to exceed this point, where can we stop, short of an indefinite power of providing for emergencies as they may arise? Though it is easy to assert, in general terms, the possibility of forming a rational judgment of a due provision against probable dangers, yet we may safely challenge those who make the assertion to bring forward their data, and may affirm that they would be found as vague and uncertain as any that could be produced to establish the probable duration of the world. Observations confined to the mere prospects of internal attacks can deserve no weight; though even these will admit of no satisfactory calculation: but if we mean to be a commercial people, it must form a part of our policy to be able one day to defend that commerce. The support of a navy and of naval wars would involve contingencies that must baffle all the efforts of political arithmetic.

Admitting that we ought to try the novel and absurd experiment in politics of tying up the hands of government from offensive war founded upon reasons of state, yet certainly we ought not to disable it from guarding the community against the ambition or enmity of other nations. A cloud has been for some time hanging over the European world. If it should break forth into a storm, who can insure us that in its progress a part of its fury would not be spent upon us? No reasonable man would hastily pronounce that we are entirely out of its reach. Or if the combustible materials that now seem to be collecting should be dissipated without coming to maturity, or if a flame should be kindled without extending to us, what security can we have that our tranquillity will long remain undisturbed from some other cause or from some other quarter? Let us recollect that peace or war will not always be left to our option; that however moderate or unambitious we may be, we cannot count upon the moderation, or hope to extinguish the ambition of others. Who could have imagined at the conclusion of the last war that France and Britain, wearied and exhausted as they both were, would so soon have looked with so hostile an aspect upon each other? To judge from the history of mankind, we shall be compelled to conclude that the fiery and destructive passions of war reign in the human breast with much more powerful sway than the mild and beneficent sentiments of peace; and that to model our political systems upon speculations of lasting tranquillity, is to calculate on the weaker springs of the human character.

What are the chief sources of expense in every government? What has occasioned that enormous accumulation of debts with which several of the European nations are oppressed? The answers plainly is, wars and rebellions; the support of those institutions which are necessary to guard the body politic against these two most mortal diseases of society. The expenses arising from those institutions which are relative to the mere domestic police of a state, to the support of its legislative, executive, and judicial departments, with their different appendages, and to the encouragement of agriculture and manufactures (which will comprehend almost all the objects of state expenditure), are insignificant in comparison with those which relate to the national defense.

In the kingdom of Great Britain, where all the ostentatious apparatus of monarchy is to be provided for, not above a fifteenth part of the annual income of the nation is appropriated to the class of expenses last mentioned; the other fourteen fifteenths are absorbed in the payment of the interest of debts contracted for carrying on the wars in which that country has been engaged, and in the maintenance of fleets and armies. If, on the one hand, it should be observed that the expenses incurred in the prosecution of the ambitious enterprises and vainglorious pursuits of a monarchy are not a proper standard by which to judge of those which might be necessary in a republic, it ought, on the other hand, to be remarked that there should be as great a disproportion between the profusion and extravagance of a wealthy kingdom in its domestic administration, and the frugality and economy which in that particular become the modest simplicity of republican government. If we balance a proper deduction from one side against that which it is supposed ought to be made from the other, the proportion may still be considered as holding good.

But let us advert to the large debt which we have ourselves contracted in a single war, and let us only calculate on a common share of the events which disturb the peace of nations, and we shall instantly perceive, without the aid of any elaborate illustration, that there must always be an immense disproportion between the objects of federal and state expenditures. It is true that several of the States, separately, are encumbered with considerable debts, which are an excrescence of the late war. But this cannot happen again, if the proposed system be adopted; and when these debts are discharged, the only call for revenue of any consequence, which the State governments will continue to experience, will be for the mere support of their respective civil list; to which, if we add all contingencies, the total amount in every State ought to fall considerably short of two hundred thousand pounds.

In framing a government for posterity as well as ourselves, we ought, in those provisions which are designed to be permanent, to calculate, not on temporary, but on permanent causes of expense. If this principle be a just one our attention would be directed to a provision in favor of the State governments for an annual sum of about two hundred thousand pounds; while the exigencies of the Union could be susceptible of no limits, even in imagination. In this view of the subject, by what logic can it be maintained that the local governments ought to command, in perpetuity, an EXCLUSIVE source of revenue for any sum beyond the extent of two hundred thousand pounds? To extend its power further, in EXCLUSION of the authority of the Union, would be to take the resources of the community out of those hands which stood in need of them for the public welfare, in order to put them into other hands which could have no just or proper occasion for them.

Suppose, then, the convention had been inclined to proceed upon the principle of a repartition of the objects of revenue, between the Union and its members, in PROPORTION to their comparative necessities; what particular fund could have been selected for the use of the States, that would not either have been too much or too little too little for their present, too much for their future wants? As to the line of separation between external and internal taxes, this would leave to the States, at a rough computation, the command of two thirds of the resources of the community to defray from a tenth to a twentieth part of its expenses; and to the Union, one third of the resources of the community, to defray from nine tenths to nineteen twentieths of its expenses. If we desert this boundary and content ourselves with leaving to the States an exclusive power of taxing houses and lands, there would still be a great disproportion between the MEANS and the END; the possession of one third of the resources of the community to supply, at most, one tenth of its wants. If any fund could have been selected and appropriated, equal to and not greater than the object, it would have been inadequate to the discharge of the existing debts of the particular States, and would have left them dependent on the Union for a provision for this purpose.

The preceding train of observation will justify the position which has been elsewhere laid down, that “A CONCURRENT JURISDICTION in the article of taxation was the only admissible substitute for an entire subordination, in respect to this branch of power, of State authority to that of the Union.” Any separation of the objects of revenue that could have been fallen upon, would have amounted to a sacrifice of the great INTERESTS of the Union to the POWER of the individual States. The convention thought the concurrent jurisdiction preferable to that subordination; and it is evident that it has at least the merit of reconciling an indefinite constitutional power of taxation in the Federal government with an adequate and independent power in the States to provide for their own necessities. There remain a few other lights, in which this important subject of taxation will claim a further consideration.

PUBLIUS.

The Same Subject Continued: Concerning the General Power of Taxation
For the Independent Journal.

Author: Alexander Hamilton

To the People of the State of New York:

BEFORE we proceed to examine any other objections to an indefinite power of taxation in the Union, I shall make one general remark; which is, that if the jurisdiction of the national government, in the article of revenue, should be restricted to particular objects, it would naturally occasion an undue proportion of the public burdens to fall upon those objects. Two evils would spring from this source: the oppression of particular branches of industry; and an unequal distribution of the taxes, as well among the several States as among the citizens of the same State.

Suppose, as has been contended for, the federal power of taxation were to be confined to duties on imports, it is evident that the government, for want of being able to command other resources, would frequently be tempted to extend these duties to an injurious excess. There are persons who imagine that they can never be carried to too great a length; since the higher they are, the more it is alleged they will tend to discourage an extravagant consumption, to produce a favorable balance of trade, and to promote domestic manufactures. But all extremes are pernicious in various ways. Exorbitant duties on imported articles would beget a general spirit of smuggling; which is always prejudicial to the fair trader, and eventually to the revenue itself: they tend to render other classes of the community tributary, in an improper degree, to the manufacturing classes, to whom they give a premature monopoly of the markets; they sometimes force industry out of its more natural channels into others in which it flows with less advantage; and in the last place, they oppress the merchant, who is often obliged to pay them himself without any retribution from the consumer. When the demand is equal to the quantity of goods at market, the consumer generally pays the duty; but when the markets happen to be overstocked, a great proportion falls upon the merchant, and sometimes not only exhausts his profits, but breaks in upon his capital. I am apt to think that a division of the duty, between the seller and the buyer, more often happens than is commonly imagined. It is not always possible to raise the price of a commodity in exact proportion to every additional imposition laid upon it. The merchant, especially in a country of small commercial capital, is often under a necessity of keeping prices down in order to a more expeditious sale.

The maxim that the consumer is the payer, is so much oftener true than the reverse of the proposition, that it is far more equitable that the duties on imports should go into a common stock, than that they should redound to the exclusive benefit of the importing States. But it is not so generally true as to render it equitable, that those duties should form the only national fund. When they are paid by the merchant they operate as an additional tax upon the importing State, whose citizens pay their proportion of them in the character of consumers. In this view they are productive of inequality among the States; which inequality would be increased with the increased extent of the duties. The confinement of the national revenues to this species of imposts would be attended with inequality, from a different cause, between the manufacturing and the non-manufacturing States. The States which can go farthest towards the supply of their own wants, by their own manufactures, will not, according to their numbers or wealth, consume so great a proportion of imported articles as those States which are not in the same favorable situation. They would not, therefore, in this mode alone contribute to the public treasury in a ratio to their abilities. To make them do this it is necessary that recourse be had to excises, the proper objects of which are particular kinds of manufactures. New York is more deeply interested in these considerations than such of her citizens as contend for limiting the power of the Union to external taxation may be aware of. New York is an importing State, and is not likely speedily to be, to any great extent, a manufacturing State. She would, of course, suffer in a double light from restraining the jurisdiction of the Union to commercial imposts.

So far as these observations tend to inculcate a danger of the import duties being extended to an injurious extreme it may be observed, conformably to a remark made in another part of these papers, that the interest of the revenue itself would be a sufficient guard against such an extreme. I readily admit that this would be the case, as long as other resources were open; but if the avenues to them were closed, HOPE, stimulated by necessity, would beget experiments, fortified by rigorous precautions and additional penalties, which, for a time, would have the intended effect, till there had been leisure to contrive expedients to elude these new precautions. The first success would be apt to inspire false opinions, which it might require a long course of subsequent experience to correct. Necessity, especially in politics, often occasions false hopes, false reasonings, and a system of measures correspondingly erroneous. But even if this supposed excess should not be a consequence of the limitation of the federal power of taxation, the inequalities spoken of would still ensue, though not in the same degree, from the other causes that have been noticed. Let us now return to the examination of objections.

One which, if we may judge from the frequency of its repetition, seems most to be relied on, is, that the House of Representatives is not sufficiently numerous for the reception of all the different classes of citizens, in order to combine the interests and feelings of every part of the community, and to produce a due sympathy between the representative body and its constituents. This argument presents itself under a very specious and seducing form; and is well calculated to lay hold of the prejudices of those to whom it is addressed. But when we come to dissect it with attention, it will appear to be made up of nothing but fair-sounding words. The object it seems to aim at is, in the first place, impracticable, and in the sense in which it is contended for, is unnecessary. I reserve for another place the discussion of the question which relates to the sufficiency of the representative body in respect to numbers, and shall content myself with examining here the particular use which has been made of a contrary supposition, in reference to the immediate subject of our inquiries.

The idea of an actual representation of all classes of the people, by persons of each class, is altogether visionary. Unless it were expressly provided in the Constitution, that each different occupation should send one or more members, the thing would never take place in practice. Mechanics and manufacturers will always be inclined, with few exceptions, to give their votes to merchants, in preference to persons of their own professions or trades. Those discerning citizens are well aware that the mechanic and manufacturing arts furnish the materials of mercantile enterprise and industry. Many of them, indeed, are immediately connected with the operations of commerce. They know that the merchant is their natural patron and friend; and they are aware, that however great the confidence they may justly feel in their own good sense, their interests can be more effectually promoted by the merchant than by themselves. They are sensible that their habits in life have not been such as to give them those acquired endowments, without which, in a deliberative assembly, the greatest natural abilities are for the most part useless; and that the influence and weight, and superior acquirements of the merchants render them more equal to a contest with any spirit which might happen to infuse itself into the public councils, unfriendly to the manufacturing and trading interests. These considerations, and many others that might be mentioned prove, and experience confirms it, that artisans and manufacturers will commonly be disposed to bestow their votes upon merchants and those whom they recommend. We must therefore consider merchants as the natural representatives of all these classes of the community.

With regard to the learned professions, little need be observed; they truly form no distinct interest in society, and according to their situation and talents, will be indiscriminately the objects of the confidence and choice of each other, and of other parts of the community.

Nothing remains but the landed interest; and this, in a political view, and particularly in relation to taxes, I take to be perfectly united, from the wealthiest landlord down to the poorest tenant. No tax can be laid on land which will not affect the proprietor of millions of acres as well as the proprietor of a single acre. Every landholder will therefore have a common interest to keep the taxes on land as low as possible; and common interest may always be reckoned upon as the surest bond of sympathy. But if we even could suppose a distinction of interest between the opulent landholder and the middling farmer, what reason is there to conclude, that the first would stand a better chance of being deputed to the national legislature than the last? If we take fact as our guide, and look into our own senate and assembly, we shall find that moderate proprietors of land prevail in both; nor is this less the case in the senate, which consists of a smaller number, than in the assembly, which is composed of a greater number. Where the qualifications of the electors are the same, whether they have to choose a small or a large number, their votes will fall upon those in whom they have most confidence; whether these happen to be men of large fortunes, or of moderate property, or of no property at all.

It is said to be necessary, that all classes of citizens should have some of their own number in the representative body, in order that their feelings and interests may be the better understood and attended to. But we have seen that this will never happen under any arrangement that leaves the votes of the people free. Where this is the case, the representative body, with too few exceptions to have any influence on the spirit of the government, will be composed of landholders, merchants, and men of the learned professions. But where is the danger that the interests and feelings of the different classes of citizens will not be understood or attended to by these three descriptions of men? Will not the landholder know and feel whatever will promote or insure the interest of landed property? And will he not, from his own interest in that species of property, be sufficiently prone to resist every attempt to prejudice or encumber it? Will not the merchant understand and be disposed to cultivate, as far as may be proper, the interests of the mechanic and manufacturing arts, to which his commerce is so nearly allied? Will not the man of the learned profession, who will feel a neutrality to the rivalships between the different branches of industry, be likely to prove an impartial arbiter between them, ready to promote either, so far as it shall appear to him conducive to the general interests of the society?

If we take into the account the momentary humors or dispositions which may happen to prevail in particular parts of the society, and to which a wise administration will never be inattentive, is the man whose situation leads to extensive inquiry and information less likely to be a competent judge of their nature, extent, and foundation than one whose observation does not travel beyond the circle of his neighbors and acquaintances? Is it not natural that a man who is a candidate for the favor of the people, and who is dependent on the suffrages of his fellow-citizens for the continuance of his public honors, should take care to inform himself of their dispositions and inclinations, and should be willing to allow them their proper degree of influence upon his conduct? This dependence, and the necessity of being bound himself, and his posterity, by the laws to which he gives his assent, are the true, and they are the strong chords of sympathy between the representative and the constituent.

There is no part of the administration of government that requires extensive information and a thorough knowledge of the principles of political economy, so much as the business of taxation. The man who understands those principles best will be least likely to resort to oppressive expedients, or sacrifice any particular class of citizens to the procurement of revenue. It might be demonstrated that the most productive system of finance will always be the least burdensome. There can be no doubt that in order to a judicious exercise of the power of taxation, it is necessary that the person in whose hands it should be acquainted with the general genius, habits, and modes of thinking of the people at large, and with the resources of the country. And this is all that can be reasonably meant by a knowledge of the interests and feelings of the people. In any other sense the proposition has either no meaning, or an absurd one. And in that sense let every considerate citizen judge for himself where the requisite qualification is most likely to be found.

PUBLIUS.

The Same Subject Continued: Concerning the General Power of Taxation
From the New York Packet.
Tuesday, January 8, 1788.

Author: Alexander Hamilton

To the People of the State of New York:

WE HAVE seen that the result of the observations, to which the foregoing number has been principally devoted, is, that from the natural operation of the different interests and views of the various classes of the community, whether the representation of the people be more or less numerous, it will consist almost entirely of proprietors of land, of merchants, and of members of the learned professions, who will truly represent all those different interests and views. If it should be objected that we have seen other descriptions of men in the local legislatures, I answer that it is admitted there are exceptions to the rule, but not in sufficient number to influence the general complexion or character of the government. There are strong minds in every walk of life that will rise superior to the disadvantages of situation, and will command the tribute due to their merit, not only from the classes to which they particularly belong, but from the society in general. The door ought to be equally open to all; and I trust, for the credit of human nature, that we shall see examples of such vigorous plants flourishing in the soil of federal as well as of State legislation; but occasional instances of this sort will not render the reasoning founded upon the general course of things, less conclusive.

The subject might be placed in several other lights that would all lead to the same result; and in particular it might be asked, What greater affinity or relation of interest can be conceived between the carpenter and blacksmith, and the linen manufacturer or stocking weaver, than between the merchant and either of them? It is notorious that there are often as great rivalships between different branches of the mechanic or manufacturing arts as there are between any of the departments of labor and industry; so that, unless the representative body were to be far more numerous than would be consistent with any idea of regularity or wisdom in its deliberations, it is impossible that what seems to be the spirit of the objection we have been considering should ever be realized in practice. But I forbear to dwell any longer on a matter which has hitherto worn too loose a garb to admit even of an accurate inspection of its real shape or tendency.

There is another objection of a somewhat more precise nature that claims our attention. It has been asserted that a power of internal taxation in the national legislature could never be exercised with advantage, as well from the want of a sufficient knowledge of local circumstances, as from an interference between the revenue laws of the Union and of the particular States. The supposition of a want of proper knowledge seems to be entirely destitute of foundation. If any question is depending in a State legislature respecting one of the counties, which demands a knowledge of local details, how is it acquired? No doubt from the information of the members of the county. Cannot the like knowledge be obtained in the national legislature from the representatives of each State? And is it not to be presumed that the men who will generally be sent there will be possessed of the necessary degree of intelligence to be able to communicate that information? Is the knowledge of local circumstances, as applied to taxation, a minute topographical acquaintance with all the mountains, rivers, streams, highways, and bypaths in each State; or is it a general acquaintance with its situation and resources, with the state of its agriculture, commerce, manufactures, with the nature of its products and consumptions, with the different degrees and kinds of its wealth, property, and industry?

Nations in general, even under governments of the more popular kind, usually commit the administration of their finances to single men or to boards composed of a few individuals, who digest and prepare, in the first instance, the plans of taxation, which are afterwards passed into laws by the authority of the sovereign or legislature.

Inquisitive and enlightened statesmen are deemed everywhere best qualified to make a judicious selection of the objects proper for revenue; which is a clear indication, as far as the sense of mankind can have weight in the question, of the species of knowledge of local circumstances requisite to the purposes of taxation.

The taxes intended to be comprised under the general denomination of internal taxes may be subdivided into those of the DIRECT and those of the INDIRECT kind. Though the objection be made to both, yet the reasoning upon it seems to be confined to the former branch. And indeed, as to the latter, by which must be understood duties and excises on articles of consumption, one is at a loss to conceive what can be the nature of the difficulties apprehended. The knowledge relating to them must evidently be of a kind that will either be suggested by the nature of the article itself, or can easily be procured from any well-informed man, especially of the mercantile class. The circumstances that may distinguish its situation in one State from its situation in another must be few, simple, and easy to be comprehended. The principal thing to be attended to, would be to avoid those articles which had been previously appropriated to the use of a particular State; and there could be no difficulty in ascertaining the revenue system of each. This could always be known from the respective codes of laws, as well as from the information of the members from the several States.

The objection, when applied to real property or to houses and lands, appears to have, at first sight, more foundation, but even in this view it will not bear a close examination. Land taxes are co monly laid in one of two modes, either by ACTUAL valuations, permanent or periodical, or by OCCASIONAL assessments, at the discretion, or according to the best judgment, of certain officers whose duty it is to make them. In either case, the EXECUTION of the business, which alone requires the knowledge of local details, must be devolved upon discreet persons in the character of commissioners or assessors, elected by the people or appointed by the government for the purpose. All that the law can do must be to name the persons or to prescribe the manner of their election or appointment, to fix their numbers and qualifications and to draw the general outlines of their powers and duties. And what is there in all this that cannot as well be performed by the national legislature as by a State legislature? The attention of either can only reach to general principles; local details, as already observed, must be referred to those who are to execute the plan.

But there is a simple point of view in which this matter may be placed that must be altogether satisfactory. The national legislature can make use of the SYSTEM OF EACH STATE WITHIN THAT STATE. The method of laying and collecting this species of taxes in each State can, in all its parts, be adopted and employed by the federal government.

Let it be recollected that the proportion of these taxes is not to be left to the discretion of the national legislature, but is to be determined by the numbers of each State, as described in the second section of the first article. An actual census or enumeration of the people must furnish the rule, a circumstance which effectually shuts the door to partiality or oppression. The abuse of this power of taxation seems to have been provided against with guarded circumspection. In addition to the precaution just mentioned, there is a provision that “all duties, imposts, and excises shall be UNIFORM throughout the United States.”

It has been very properly observed by different speakers and writers on the side of the Constitution, that if the exercise of the power of internal taxation by the Union should be discovered on experiment to be really inconvenient, the federal government may then forbear the use of it, and have recourse to requisitions in its stead. By way of answer to this, it has been triumphantly asked, Why not in the first instance omit that ambiguous power, and rely upon the latter resource? Two solid answers may be given. The first is, that the exercise of that power, if convenient, will be preferable, because it will be more effectual; and it is impossible to prove in theory, or otherwise than by the experiment, that it cannot be advantageously exercised. The contrary, indeed, appears most probable. The second answer is, that the existence of such a power in the Constitution will have a strong influence in giving efficacy to requisitions. When the States know that the Union can apply itself without their agency, it will be a powerful motive for exertion on their part.

As to the interference of the revenue laws of the Union, and of its members, we have already seen that there can be no clashing or repugnancy of authority. The laws cannot, therefore, in a legal sense, interfere with each other; and it is far from impossible to avoid an interference even in the policy of their different systems. An effectual expedient for this purpose will be, mutually, to abstain from those objects which either side may have first had recourse to. As neither can CONTROL the other, each will have an obvious and sensible interest in this reciprocal forbearance. And where there is an IMMEDIATE common interest, we may safely count upon its operation. When the particular debts of the States are done away, and their expenses come to be limited within their natural compass, the possibility almost of interference will vanish. A small land tax will answer the purpose of the States, and will be their most simple and most fit resource.

Many spectres have been raised out of this power of internal taxation, to excite the apprehensions of the people: double sets of revenue officers, a duplication of their burdens by double taxations, and the frightful forms of odious and oppressive poll-taxes, have been played off with all the ingenious dexterity of political legerdemain.

As to the first point, there are two cases in which there can be no room for double sets of officers: one, where the right of imposing the tax is exclusively vested in the Union, which applies to the duties on imports; the other, where the object has not fallen under any State regulation or provision, which may be applicable to a variety of objects. In other cases, the probability is that the United States will either wholly abstain from the objects preoccupied for local purposes, or will make use of the State officers and State regulations for collecting the additional imposition. This will best answer the views of revenue, because it will save expense in the collection, and will best avoid any occasion of disgust to the State governments and to the people. At all events, here is a practicable expedient for avoiding such an inconvenience; and nothing more can be required than to show that evils predicted to not necessarily result from the plan.

As to any argument derived from a supposed system of influence, it is a sufficient answer to say that it ought not to be presumed; but the supposition is susceptible of a more precise answer. If such a spirit should infest the councils of the Union, the most certain road to the accomplishment of its aim would be to employ the State officers as much as possible, and to attach them to the Union by an accumulation of their emoluments. This would serve to turn the tide of State influence into the channels of the national government, instead of making federal influence flow in an opposite and adverse current. But all suppositions of this kind are invidious, and ought to be banished from the consideration of the great question before the people. They can answer no other end than to cast a mist over the truth.

As to the suggestion of double taxation, the answer is plain. The wants of the Union are to be supplied in one way or another; if to be done by the authority of the federal government, it will not be to be done by that of the State government. The quantity of taxes to be paid by the community must be the same in either case; with this advantage, if the provision is to be made by the Union that the capital resource of commercial imposts, which is the most convenient branch of revenue, can be prudently improved to a much greater extent under federal than under State regulation, and of course will render it less necessary to recur to more inconvenient methods; and with this further advantage, that as far as there may be any real difficulty in the exercise of the power of internal taxation, it will impose a disposition to greater care in the choice and arrangement of the means; and must naturally tend to make it a fixed point of policy in the national administration to go as far as may be practicable in making the luxury of the rich tributary to the public treasury, in order to diminish the necessity of those impositions which might create dissatisfaction in the poorer and most numerous classes of the society. Happy it is when the interest which the government has in the preservation of its own power, coincides with a proper distribution of the public burdens, and tends to guard the least wealthy part of the community from oppression!

As to poll taxes, I, without scruple, confess my disapprobation of them; and though they have prevailed from an early period in those States [1] which have uniformly been the most tenacious of their rights, I should lament to see them introduced into practice under the national government. But does it follow because there is a power to lay them that they will actually be laid? Every State in the Union has power to impose taxes of this kind; and yet in several of them they are unknown in practice. Are the State governments to be stigmatized as tyrannies, because they possess this power? If they are not, with what propriety can the like power justify such a charge against the national government, or even be urged as an obstacle to its adoption? As little friendly as I am to the species of imposition, I still feel a thorough conviction that the power of having recourse to it ought to exist in the federal government. There are certain emergencies of nations, in which expedients, that in the ordinary state of things ought to be forborne, become essential to the public weal. And the government, from the possibility of such emergencies, ought ever to have the option of making use of them. The real scarcity of objects in this country, which may be considered as productive sources of revenue, is a reason peculiar to itself, for not abridging the discretion of the national councils in this respect. There may exist certain critical and tempestuous conjunctures of the State, in which a poll tax may become an inestimable resource. And as I know nothing to exempt this portion of the globe from the common calamities that have befallen other parts of it, I acknowledge my aversion to every project that is calculated to disarm the government of a single weapon, which in any possible contingency might be usefully employed for the general defense and security.

I have now gone through the examination of such of the powers proposed to be vested in the United States, which may be considered as having an immediate relation to the energy of the government; and have endeavored to answer the principal objections which have been made to them. I have passed over in silence those minor authorities, which are either too inconsiderable to have been thought worthy of the hostilities of the opponents of the Constitution, or of too manifest propriety to admit of controversy. The mass of judiciary power, however, might have claimed an investigation under this head, had it not been for the consideration that its organization and its extent may be more advantageously considered in connection. This has determined me to refer it to the branch of our inquiries upon which we shall next enter.

PUBLIUS.

Concerning the Difficulties of the Convention in Devising a Proper Form of Government
From the Daily Advertiser.
Friday, January 11, 1788.

Author: James Madison

To the People of the State of New York:

IN REVIEWING the defects of the existing Confederation, and showing that they cannot be supplied by a government of less energy than that before the public, several of the most important principles of the latter fell of course under consideration. But as the ultimate object of these papers is to determine clearly and fully the merits of this Constitution, and the expediency of adopting it, our plan cannot be complete without taking a more critical and thorough survey of the work of the convention, without examining it on all its sides, comparing it in all its parts, and calculating its probable effects.

That this remaining task may be executed under impressions conducive to a just and fair result, some reflections must in this place be indulged, which candor previously suggests.

It is a misfortune, inseparable from human affairs, that public measures are rarely investigated with that spirit of moderation which is essential to a just estimate of their real tendency to advance or obstruct the public good; and that this spirit is more apt to be diminished than promoted, by those occasions which require an unusual exercise of it. To those who have been led by experience to attend to this consideration, it could not appear surprising, that the act of the convention, which recommends so many important changes and innovations, which may be viewed in so many lights and relations, and which touches the springs of so many passions and interests, should find or excite dispositions unfriendly, both on one side and on the other, to a fair discussion and accurate judgment of its merits. In some, it has been too evident from their own publications, that they have scanned the proposed Constitution, not only with a predisposition to censure, but with a predetermination to condemn; as the language held by others betrays an opposite predetermination or bias, which must render their opinions also of little moment in the question. In placing, however, these different characters on a level, with respect to the weight of their opinions, I wish not to insinuate that there may not be a material difference in the purity of their intentions. It is but just to remark in favor of the latter description, that as our situation is universally admitted to be peculiarly critical, and to require indispensably that something should be done for our relief, the predetermined patron of what has been actually done may have taken his bias from the weight of these considerations, as well as from considerations of a sinister nature. The predetermined adversary, on the other hand, can have been governed by no venial motive whatever. The intentions of the first may be upright, as they may on the contrary be culpable. The views of the last cannot be upright, and must be culpable. But the truth is, that these papers are not addressed to persons falling under either of these characters. They solicit the attention of those only, who add to a sincere zeal for the happiness of their country, a temper favorable to a just estimate of the means of promoting it.

Persons of this character will proceed to an examination of the plan submitted by the convention, not only without a disposition to find or to magnify faults; but will see the propriety of reflecting, that a faultless plan was not to be expected. Nor will they barely make allowances for the errors which may be chargeable on the fallibility to which the convention, as a body of men, were liable; but will keep in mind, that they themselves also are but men, and ought not to assume an infallibility in rejudging the fallible opinions of others.

With equal readiness will it be perceived, that besides these inducements to candor, many allowances ought to be made for the difficulties inherent in the very nature of the undertaking referred to the convention.

The novelty of the undertaking immediately strikes us. It has been shown in the course of these papers, that the existing Confederation is founded on principles which are fallacious; that we must consequently change this first foundation, and with it the superstructure resting upon it. It has been shown, that the other confederacies which could be consulted as precedents have been vitiated by the same erroneous principles, and can therefore furnish no other light than that of beacons, which give warning of the course to be shunned, without pointing out that which ought to be pursued. The most that the convention could do in such a situation, was to avoid the errors suggested by the past experience of other countries, as well as of our own; and to provide a convenient mode of rectifying their own errors, as future experiences may unfold them.

Among the difficulties encountered by the convention, a very important one must have lain in combining the requisite stability and energy in government, with the inviolable attention due to liberty and to the republican form. Without substantially accomplishing this part of their undertaking, they would have very imperfectly fulfilled the object of their appointment, or the expectation of the public; yet that it could not be easily accomplished, will be denied by no one who is unwilling to betray his ignorance of the subject. Energy in government is essential to that security against external and internal danger, and to that prompt and salutary execution of the laws which enter into the very definition of good government. Stability in government is essential to national character and to the advantages annexed to it, as well as to that repose and confidence in the minds of the people, which are among the chief blessings of civil society. An irregular and mutable legislation is not more an evil in itself than it is odious to the people; and it may be pronounced with assurance that the people of this country, enlightened as they are with regard to the nature, and interested, as the great body of them are, in the effects of good government, will never be satisfied till some remedy be applied to the vicissitudes and uncertainties which characterize the State administrations. On comparing, however, these valuable ingredients with the vital principles of liberty, we must perceive at once the difficulty of mingling them together in their due proportions. The genius of republican liberty seems to demand on one side, not only that all power should be derived from the people, but that those intrusted with it should be kept in independence on the people, by a short duration of their appointments; and that even during this short period the trust should be placed not in a few, but a number of hands. Stability, on the contrary, requires that the hands in which power is lodged should continue for a length of time the same. A frequent change of men will result from a frequent return of elections; and a frequent change of measures from a frequent change of men: whilst energy in government requires not only a certain duration of power, but the execution of it by a single hand.

How far the convention may have succeeded in this part of their work, will better appear on a more accurate view of it. From the cursory view here taken, it must clearly appear to have been an arduous part.

Not less arduous must have been the task of marking the proper line of partition between the authority of the general and that of the State governments. Every man will be sensible of this difficulty, in proportion as he has been accustomed to contemplate and discriminate objects extensive and complicated in their nature. The faculties of the mind itself have never yet been distinguished and defined, with satisfactory precision, by all the efforts of the most acute and metaphysical philosophers. Sense, perception, judgment, desire, volition, memory, imagination, are found to be separated by such delicate shades and minute gradations that their boundaries have eluded the most subtle investigations, and remain a pregnant source of ingenious disquisition and controversy. The boundaries between the great kingdom of nature, and, still more, between the various provinces, and lesser portions, into which they are subdivided, afford another illustration of the same important truth. The most sagacious and laborious naturalists have never yet succeeded in tracing with certainty the line which separates the district of vegetable life from the neighboring region of unorganized matter, or which marks the ermination of the former and the commencement of the animal empire. A still greater obscurity lies in the distinctive characters by which the objects in each of these great departments of nature have been arranged and assorted.

When we pass from the works of nature, in which all the delineations are perfectly accurate, and appear to be otherwise only from the imperfection of the eye which surveys them, to the institutions of man, in which the obscurity arises as well from the object itself as from the organ by which it is contemplated, we must perceive the necessity of moderating still further our expectations and hopes from the efforts of human sagacity. Experience has instructed us that no skill in the science of government has yet been able to discriminate and define, with sufficient certainty, its three great provinces the legislative, executive, and judiciary; or even the privileges and powers of the different legislative branches. Questions daily occur in the course of practice, which prove the obscurity which reins in these subjects, and which puzzle the greatest adepts in political science.

The experience of ages, with the continued and combined labors of the most enlightened legislatures and jurists, has been equally unsuccessful in delineating the several objects and limits of different codes of laws and different tribunals of justice. The precise extent of the common law, and the statute law, the maritime law, the ecclesiastical law, the law of corporations, and other local laws and customs, remains still to be clearly and finally established in Great Britain, where accuracy in such subjects has been more industriously pursued than in any other part of the world. The jurisdiction of her several courts, general and local, of law, of equity, of admiralty, etc., is not less a source of frequent and intricate discussions, sufficiently denoting the indeterminate limits by which they are respectively circumscribed. All new laws, though penned with the greatest technical skill, and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal, until their meaning be liquidated and ascertained by a series of particular discussions and adjudications. Besides the obscurity arising from the complexity of objects, and the imperfection of the human faculties, the medium through which the conceptions of men are conveyed to each other adds a fresh embarrassment. The use of words is to express ideas. Perspicuity, therefore, requires not only that the ideas should be distinctly formed, but that they should be expressed by words distinctly and exclusively appropriate to them. But no language is so copious as to supply words and phrases for every complex idea, or so correct as not to include many equivocally denoting different ideas. Hence it must happen that however accurately objects may be discriminated in themselves, and however accurately the discrimination may be considered, the definition of them may be rendered inaccurate by the inaccuracy of the terms in which it is delivered. And this unavoidable inaccuracy must be greater or less, according to the complexity and novelty of the objects defined. When the Almighty himself condescends to address mankind in their own language, his meaning, luminous as it must be, is rendered dim and doubtful by the cloudy medium through which it is communicated.

Here, then, are three sources of vague and incorrect definitions: indistinctness of the object, imperfection of the organ of conception, inadequateness of the vehicle of ideas. Any one of these must produce a certain degree of obscurity. The convention, in delineating the boundary between the federal and State jurisdictions, must have experienced the full effect of them all.

To the difficulties already mentioned may be added the interfering pretensions of the larger and smaller States. We cannot err in supposing that the former would contend for a participation in the government, fully proportioned to their superior wealth and importance; and that the latter would not be less tenacious of the equality at present enjoyed by them. We may well suppose that neither side would entirely yield to the other, and consequently that the struggle could be terminated only by compromise. It is extremely probable, also, that after the ratio of representation had been adjusted, this very compromise must have produced a fresh struggle between the same parties, to give such a turn to the organization of the government, and to the distribution of its powers, as would increase the importance of the branches, in forming which they had respectively obtained the greatest share of influence. There are features in the Constitution which warrant each of these suppositions; and as far as either of them is well founded, it shows that the convention must have been compelled to sacrifice theoretical propriety to the force of extraneous considerations.

Nor could it have been the large and small States only, which would marshal themselves in opposition to each other on various points. Other combinations, resulting from a difference of local position and policy, must have created additional difficulties. As every State may be divided into different districts, and its citizens into different classes, which give birth to contending interests and local jealousies, so the different parts of the United States are distinguished from each other by a variety of circumstances, which produce a like effect on a larger scale. And although this variety of interests, for reasons sufficiently explained in a former paper, may have a salutary influence on the administration of the government when formed, yet every one must be sensible of the contrary influence, which must have been experienced in the task of forming it.

Would it be wonderful if, under the pressure of all these difficulties, the convention should have been forced into some deviations from that artificial structure and regular symmetry which an abstract view of the subject might lead an ingenious theorist to bestow on a Constitution planned in his closet or in his imagination? The real wonder is that so many difficulties should have been surmounted, and surmounted with a unanimity almost as unprecedented as it must have been unexpected. It is impossible for any man of candor to reflect on this circumstance without partaking of the astonishment. It is impossible for the man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolution.

We had occasion, in a former paper, to take notice of the repeated trials which have been unsuccessfully made in the United Netherlands for reforming the baneful and notorious vices of their constitution. The history of almost all the great councils and consultations held among mankind for reconciling their discordant opinions, assuaging their mutual jealousies, and adjusting their respective interests, is a history of factions, contentions, and disappointments, and may be classed among the most dark and degraded pictures which display the infirmities and depravities of the human character. If, in a few scattered instances, a brighter aspect is presented, they serve only as exceptions to admonish us of the general truth; and by their lustre to darken the gloom of the adverse prospect to which they are contrasted. In revolving the causes from which these exceptions result, and applying them to the particular instances before us, we are necessarily led to two important conclusions. The first is, that the convention must have enjoyed, in a very singular degree, an exemption from the pestilential influence of party animosities the disease most incident to deliberative bodies, and most apt to contaminate their proceedings. The second conclusion is that all the deputations composing the convention were satisfactorily accommodated by the final act, or were induced to accede to it by a deep conviction of the necessity of sacrificing private opinions and partial interests to the public good, and by a despair of seeing this necessity diminished by delays or by new experiments.

PUBLIUS.

The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed
From the New York Packet.
Tuesday, January 15, 1788.

Author: James Madison

To the People of the State of New York:

IT IS not a little remarkable that in every case reported by ancient history, in which government has been established with deliberation and consent, the task of framing it has not been committed to an assembly of men, but has been performed by some individual citizen of preeminent wisdom and approved integrity.

Minos, we learn, was the primitive founder of the government of Crete, as Zaleucus was of that of the Locrians. Theseus first, and after him Draco and Solon, instituted the government of Athens. Lycurgus was the lawgiver of Sparta. The foundation of the original government of Rome was laid by Romulus, and the work completed by two of his elective successors, Numa and Tullius Hostilius. On the abolition of royalty the consular administration was substituted by Brutus, who stepped forward with a project for such a reform, which, he alleged, had been prepared by Tullius Hostilius, and to which his address obtained the assent and ratification of the senate and people. This remark is applicable to confederate governments also. Amphictyon, we are told, was the author of that which bore his name. The Achaean league received its first birth from Achaeus, and its second from Aratus.

What degree of agency these reputed lawgivers might have in their respective establishments, or how far they might be clothed with the legitimate authority of the people, cannot in every instance be ascertained. In some, however, the proceeding was strictly regular. Draco appears to have been intrusted by the people of Athens with indefinite powers to reform its government and laws. And Solon, according to Plutarch, was in a manner compelled, by the universal suffrage of his fellow-citizens, to take upon him the sole and absolute power of new-modeling the constitution. The proceedings under Lycurgus were less regular; but as far as the advocates for a regular reform could prevail, they all turned their eyes towards the single efforts of that celebrated patriot and sage, instead of seeking to bring about a revolution by the intervention of a deliberative body of citizens.

Whence could it have proceeded, that a people, jealous as the Greeks were of their liberty, should so far abandon the rules of caution as to place their destiny in the hands of a single citizen? Whence could it have proceeded, that the Athenians, a people who would not suffer an army to be commanded by fewer than ten generals, and who required no other proof of danger to their liberties than the illustrious merit of a fellow-citizen, should consider one illustrious citizen as a more eligible depositary of the fortunes of themselves and their posterity, than a select body of citizens, from whose common deliberations more wisdom, as well as more safety, might have been expected? These questions cannot be fully answered, without supposing that the fears of discord and disunion among a number of counsellors exceeded the apprehension of treachery or incapacity in a single individual. History informs us, likewise, of the difficulties with which these celebrated reformers had to contend, as well as the expedients which they were obliged to employ in order to carry their reforms into effect. Solon, who seems to have indulged a more temporizing policy, confessed that he had not given to his countrymen the government best suited to their happiness, but most tolerable to their prejudices. And Lycurgus, more true to his object, was under the necessity of mixing a portion of violence with the authority of superstition, and of securing his final success by a voluntary renunciation, first of his country, and then of his life. If these lessons teach us, on one hand, to admire the improvement made by America on the ancient mode of preparing and establishing regular plans of government, they serve not less, on the other, to admonish us of the hazards and difficulties incident to such experiments, and of the great imprudence of unnecessarily multiplying them.

Is it an unreasonable conjecture, that the errors which may be contained in the plan of the convention are such as have resulted rather from the defect of antecedent experience on this complicated and difficult subject, than from a want of accuracy or care in the investigation of it; and, consequently such as will not be ascertained until an actual trial shall have pointed them out? This conjecture is rendered probable, not only by many considerations of a general nature, but by the particular case of the Articles of Confederation. It is observable that among the numerous objections and amendments suggested by the several States, when these articles were submitted for their ratification, not one is found which alludes to the great and radical error which on actual trial has discovered itself. And if we except the observations which New Jersey was led to make, rather by her local situation, than by her peculiar foresight, it may be questioned whether a single suggestion was of sufficient moment to justify a revision of the system. There is abundant reason, nevertheless, to suppose that immaterial as these objections were, they would have been adhered to with a very dangerous inflexibility, in some States, had not a zeal for their opinions and supposed interests been stifled by the more powerful sentiment of selfpreservation. One State, we may remember, persisted for several years in refusing her concurrence, although the enemy remained the whole period at our gates, or rather in the very bowels of our country. Nor was her pliancy in the end effected by a less motive, than the fear of being chargeable with protracting the public calamities, and endangering the event of the contest. Every candid reader will make the proper reflections on these important facts.

A patient who finds his disorder daily growing worse, and that an efficacious remedy can no longer be delayed without extreme danger, after coolly revolving his situation, and the characters of different physicians, selects and calls in such of them as he judges most capable of administering relief, and best entitled to his confidence. The physicians attend; the case of the patient is carefully examined; a consultation is held; they are unanimously agreed that the symptoms are critical, but that the case, with proper and timely relief, is so far from being desperate, that it may be made to issue in an improvement of his constitution. They are equally unanimous in prescribing the remedy, by which this happy effect is to be produced. The prescription is no sooner made known, however, than a number of persons interpose, and, without denying the reality or danger of the disorder, assure the patient that the prescription will be poison to his constitution, and forbid him, under pain of certain death, to make use of it. Might not the patient reasonably demand, before he ventured to follow this advice, that the authors of it should at least agree among themselves on some other remedy to be substituted? And if he found them differing as much from one another as from his first counsellors, would he not act prudently in trying the experiment unanimously recommended by the latter, rather than be hearkening to those who could neither deny the necessity of a speedy remedy, nor agree in proposing one?

Such a patient and in such a situation is America at this moment. She has been sensible of her malady. She has obtained a regular and unanimous advice from men of her own deliberate choice. And she is warned by others against following this advice under pain of the most fatal consequences. Do the monitors deny the reality of her danger? No. Do they deny the necessity of some speedy and powerful remedy? No. Are they agreed, are any two of them agreed, in their objections to the remedy proposed, or in the proper one to be substituted? Let them speak for themselves. This one tells us that the proposed Constitution ought to be rejected, because it is not a confederation of the States, but a government over individuals. Another admits that it ought to be a government over individuals to a certain extent, but by no means to the extent proposed. A third does not object to the government over individuals, or to the extent proposed, but to the want of a bill of rights. A fourth concurs in the absolute necessity of a bill of rights, but contends that it ought to be declaratory, not of the personal rights of individuals, but of the rights reserved to the States in their political capacity. A fifth is of opinion that a bill of rights of any sort would be superfluous and misplaced, and that the plan would be unexceptionable but for the fatal power of regulating the times and places of election. An objector in a large State exclaims loudly against the unreasonable equality of representation in the Senate. An objector in a small State is equally loud against the dangerous inequality in the House of Representatives. From this quarter, we are alarmed with the amazing expense, from the number of persons who are to administer the new government. From another quarter, and sometimes from the same quarter, on another occasion, the cry is that the Congress will be but a shadow of a representation, and that the government would be far less objectionable if the number and the expense were doubled. A patriot in a State that does not import or export, discerns insuperable objections against the power of direct taxation. The patriotic adversary in a State of great exports and imports, is not less dissatisfied that the whole burden of taxes may be thrown on consumption. This politician discovers in the Constitution a direct and irresistible tendency to monarchy; that is equally sure it will end in aristocracy. Another is puzzled to say which of these shapes it will ultimately assume, but sees clearly it must be one or other of them; whilst a fourth is not wanting, who with no less confidence affirms that the Constitution is so far from having a bias towards either of these dangers, that the weight on that side will not be sufficient to keep it upright and firm against its opposite propensities. With another class of adversaries to the Constitution the language is that the legislative, executive, and judiciary departments are intermixed in such a manner as to contradict all the ideas of regular government and all the requisite precautions in favor of liberty. Whilst this objection circulates in vague and general expressions, there are but a few who lend their sanction to it. Let each one come forward with his particular explanation, and scarce any two are exactly agreed upon the subject. In the eyes of one the junction of the Senate with the President in the responsible function of appointing to offices, instead of vesting this executive power in the Executive alone, is the vicious part of the organization. To another, the exclusion of the House of Representatives, whose numbers alone could be a due security against corruption and partiality in the exercise of such a power, is equally obnoxious. With another, the admission of the President into any share of a power which ever must be a dangerous engine in the hands of the executive magistrate, is an unpardonable violation of the maxims of republican jealousy. No part of the arrangement, according to some, is more inadmissible than the trial of impeachments by the Senate, which is alternately a member both of the legislative and executive departments, when this power so evidently belonged to the judiciary department. “We concur fully,” reply others, “in the objection to this part of the plan, but we can never agree that a reference of impeachments to the judiciary authority would be an amendment of the error. Our principal dislike to the organization arises from the extensive powers already lodged in that department.” Even among the zealous patrons of a council of state the most irreconcilable variance is discovered concerning the mode in which it ought to be constituted. The demand of one gentleman is, that the council should consist of a small number to be appointed by the most numerous branch of the legislature. Another would prefer a larger number, and considers it as a fundamental condition that the appointment should be made by the President himself.

As it can give no umbrage to the writers against the plan of the federal Constitution, let us suppose, that as they are the most zealous, so they are also the most sagacious, of those who think the late convention were unequal to the task assigned them, and that a wiser and better plan might and ought to be substituted. Let us further suppose that their country should concur, both in this favorable opinion of their merits, and in their unfavorable opinion of the convention; and should accordingly proceed to form them into a second convention, with full powers, and for the express purpose of revising and remoulding the work of the first. Were the experiment to be seriously made, though it required some effort to view it seriously even in fiction, I leave it to be decided by the sample of opinions just exhibited, whether, with all their enmity to their predecessors, they would, in any one point, depart so widely from their example, as in the discord and ferment that would mark their own deliberations; and whether the Constitution, now before the public, would not stand as fair a chance for immortality, as Lycurgus gave to that of Sparta, by making its change to depend on his own return from exile and death, if it were to be immediately adopted, and were to continue in force, not until a BETTER, but until ANOTHER should be agreed upon by this new assembly of lawgivers.

It is a matter both of wonder and regret, that those who raise so many objections against the new Constitution should never call to mind the defects of that which is to be exchanged for it. It is not necessary that the former should be perfect; it is sufficient that the latter is more imperfect. No man would refuse to give brass for silver or gold, because the latter had some alloy in it. No man would refuse to quit a shattered and tottering habitation for a firm and commodious building, because the latter had not a porch to it, or because some of the rooms might be a little larger or smaller, or the ceilings a little higher or lower than his fancy would have planned them. But waiving illustrations of this sort, is it not manifest that most of the capital objections urged against the new system lie with tenfold weight against the existing Confederation? Is an indefinite power to raise money dangerous in the hands of the federal government? The present Congress can make requisitions to any amount they please, and the States are constitutionally bound to furnish them; they can emit bills of credit as long as they will pay for the paper; they can borrow, both abroad and at home, as long as a shilling will be lent. Is an indefinite power to raise troops dangerous? The Confederation gives to Congress that power also; and they have already begun to make use of it. Is it improper and unsafe to intermix the different powers of government in the same body of men? Congress, a single body of men, are the sole depositary of all the federal powers. Is it particularly dangerous to give the keys of the treasury, and the command of the army, into the same hands? The Confederation places them both in the hands of Congress. Is a bill of rights essential to liberty? The Confederation has no bill of rights. Is it an objection against the new Constitution, that it empowers the Senate, with the concurrence of the Executive, to make treaties which are to be the laws of the land? The existing Congress, without any such control, can make treaties which they themselves have declared, and most of the States have recognized, to be the supreme law of the land. Is the importation of slaves permitted by the new Constitution for twenty years? By the old it is permitted forever.

I shall be told, that however dangerous this mixture of powers may be in theory, it is rendered harmless by the dependence of Congress on the State for the means of carrying them into practice; that however large the mass of powers may be, it is in fact a lifeless mass. Then, say I, in the first place, that the Confederation is chargeable with the still greater folly of declaring certain powers in the federal government to be absolutely necessary, and at the same time rendering them absolutely nugatory; and, in the next place, that if the Union is to continue, and no better government be substituted, effective powers must either be granted to, or assumed by, the existing Congress; in either of which events, the contrast just stated will hold good. But this is not all. Out of this lifeless mass has already grown an excrescent power, which tends to realize all the dangers that can be apprehended from a defective construction of the supreme government of the Union. It is now no longer a point of speculation and hope, that the Western territory is a mine of vast wealth to the United States; and although it is not of such a nature as to extricate them from their present distresses, or for some time to come, to yield any regular supplies for the public expenses, yet must it hereafter be able, under proper management, both to effect a gradual discharge of the domestic debt, and to furnish, for a certain period, liberal tributes to the federal treasury. A very large proportion of this fund has been already surrendered by individual States; and it may with reason be expected that the remaining States will not persist in withholding similar proofs of their equity and generosity. We may calculate, therefore, that a rich and fertile country, of an area equal to the inhabited extent of the United States, will soon become a national stock. Congress have assumed the administration of this stock. They have begun to render it productive. Congress have undertaken to do more: they have proceeded to form new States, to erect temporary governments, to appoint officers for them, and to prescribe the conditions on which such States shall be admitted into the Confederacy. All this has been done; and done without the least color of constitutional authority. Yet no blame has been whispered; no alarm has been sounded. A GREAT and INDEPENDENT fund of revenue is passing into the hands of a SINGLE BODY of men, who can RAISE TROOPS to an INDEFINITE NUMBER, and appropriate money to their support for an INDEFINITE PERIOD OF TIME. And yet there are men, who have not only been silent spectators of this prospect, but who are advocates for the system which exhibits it; and, at the same time, urge against the new system the objections which we have heard. Would they not act with more consistency, in urging the establishment of the latter, as no less necessary to guard the Union against the future powers and resources of a body constructed like the existing Congress, than to save it from the dangers threatened by the present impotency of that Assembly?

I mean not, by any thing here said, to throw censure on the measures which have been pursued by Congress. I am sensible they could not have done otherwise. The public interest, the necessity of the case, imposed upon them the task of overleaping their constitutional limits. But is not the fact an alarming proof of the danger resulting from a government which does not possess regular powers commensurate to its objects? A dissolution or usurpation is the dreadful dilemma to which it is continually exposed.

PUBLIUS.

The Conformity of the Plan to Republican Principles
For the Independent Journal.

Author: James Madison

To the People of the State of New York:

THE last paper having concluded the observations which were meant to introduce a candid survey of the plan of government reported by the convention, we now proceed to the execution of that part of our undertaking.

The first question that offers itself is, whether the general form and aspect of the government be strictly republican. It is evident that no other form would be reconcilable with the genius of the people of America; with the fundamental principles of the Revolution; or with that honorable determination which animates every votary of freedom, to rest all our political experiments on the capacity of mankind for self-government. If the plan of the convention, therefore, be found to depart from the republican character, its advocates must abandon it as no longer defensible.

What, then, are the distinctive characters of the republican form? Were an answer to this question to be sought, not by recurring to principles, but in the application of the term by political writers, to the constitution of different States, no satisfactory one would ever be found. Holland, in which no particle of the supreme authority is derived from the people, has passed almost universally under the denomination of a republic. The same title has been bestowed on Venice, where absolute power over the great body of the people is exercised, in the most absolute manner, by a small body of hereditary nobles. Poland, which is a mixture of aristocracy and of monarchy in their worst forms, has been dignified with the same appellation. The government of England, which has one republican branch only, combined with an hereditary aristocracy and monarchy, has, with equal impropriety, been frequently placed on the list of republics. These examples, which are nearly as dissimilar to each other as to a genuine republic, show the extreme inaccuracy with which the term has been used in political disquisitions.

If we resort for a criterion to the different principles on which different forms of government are established, we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior. It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans, and claim for their government the honorable title of republic. It is SUFFICIENT for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified; otherwise every government in the United States, as well as every other popular government that has been or can be well organized or well executed, would be degraded from the republican character. According to the constitution of every State in the Union, some or other of the officers of government are appointed indirectly only by the people. According to most of them, the chief magistrate himself is so appointed. And according to one, this mode of appointment is extended to one of the co-ordinate branches of the legislature. According to all the constitutions, also, the tenure of the highest offices is extended to a definite period, and in many instances, both within the legislative and executive departments, to a period of years. According to the provisions of most of the constitutions, again, as well as according to the most respectable and received opinions on the subject, the members of the judiciary department are to retain their offices by the firm tenure of good behavior.

On comparing the Constitution planned by the convention with the standard here fixed, we perceive at once that it is, in the most rigid sense, conformable to it. The House of Representatives, like that of one branch at least of all the State legislatures, is elected immediately by the great body of the people. The Senate, like the present Congress, and the Senate of Maryland, derives its appointment indirectly from the people. The President is indirectly derived from the choice of the people, according to the example in most of the States. Even the judges, with all other officers of the Union, will, as in the several States, be the choice, though a remote choice, of the people themselves, the duration of the appointments is equally conformable to the republican standard, and to the model of State constitutions The House of Representatives is periodically elective, as in all the States; and for the period of two years, as in the State of South Carolina. The Senate is elective, for the period of six years; which is but one year more than the period of the Senate of Maryland, and but two more than that of the Senates of New York and Virginia. The President is to continue in office for the period of four years; as in New York and Delaware, the chief magistrate is elected for three years, and in South Carolina for two years. In the other States the election is annual. In several of the States, however, no constitutional provision is made for the impeachment of the chief magistrate. And in Delaware and Virginia he is not impeachable till out of office. The President of the United States is impeachable at any time during his continuance in office. The tenure by which the judges are to hold their places, is, as it unquestionably ought to be, that of good behavior. The tenure of the ministerial offices generally, will be a subject of legal regulation, conformably to the reason of the case and the example of the State constitutions.

Could any further proof be required of the republican complexion of this system, the most decisive one might be found in its absolute prohibition of titles of nobility, both under the federal and the State governments; and in its express guaranty of the republican form to each of the latter.

“But it was not sufficient,” say the adversaries of the proposed Constitution, “for the convention to adhere to the republican form. They ought, with equal care, to have preserved the FEDERAL form, which regards the Union as a CONFEDERACY of sovereign states; instead of which, they have framed a NATIONAL government, which regards the Union as a CONSOLIDATION of the States.” And it is asked by what authority this bold and radical innovation was undertaken? The handle which has been made of this objection requires that it should be examined with some precision.

Without inquiring into the accuracy of the distinction on which the objection is founded, it will be necessary to a just estimate of its force, first, to ascertain the real character of the government in question; secondly, to inquire how far the convention were authorized to propose such a government; and thirdly, how far the duty they owed to their country could supply any defect of regular authority.

First. In order to ascertain the real character of the government, it may be considered in relation to the foundation on which it is to be established; to the sources from which its ordinary powers are to be drawn; to the operation of those powers; to the extent of them; and to the authority by which future changes in the government are to be introduced.

On examining the first relation, it appears, on one hand, that the Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act, therefore, establishing the Constitution, will not be a NATIONAL, but a FEDERAL act.

That it will be a federal and not a national act, as these terms are understood by the objectors; the act of the people, as forming so many independent States, not as forming one aggregate nation, is obvious from this single consideration, that it is to result neither from the decision of a MAJORITY of the people of the Union, nor from that of a MAJORITY of the States. It must result from the UNANIMOUS assent of the several States that are parties to it, differing no otherwise from their ordinary assent than in its being expressed, not by the legislative authority, but by that of the people themselves. Were the people regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States would bind the minority, in the same manner as the majority in each State must bind the minority; and the will of the majority must be determined either by a comparison of the individual votes, or by considering the will of the majority of the States as evidence of the will of a majority of the people of the United States. Neither of these rules have been adopted. Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.

The next relation is, to the sources from which the ordinary powers of government are to be derived. The House of Representatives will derive its powers from the people of America; and the people will be represented in the same proportion, and on the same principle, as they are in the legislature of a particular State. So far the government is NATIONAL, not FEDERAL. The Senate, on the other hand, will derive its powers from the States, as political and coequal societies; and these will be represented on the principle of equality in the Senate, as they now are in the existing Congress. So far the government is FEDERAL, not NATIONAL. The executive power will be derived from a very compound source. The immediate election of the President is to be made by the States in their political characters. The votes allotted to them are in a compound ratio, which considers them partly as distinct and coequal societies, partly as unequal members of the same society. The eventual election, again, is to be made by that branch of the legislature which consists of the national representatives; but in this particular act they are to be thrown into the form of individual delegations, from so many distinct and coequal bodies politic. From this aspect of the government it appears to be of a mixed character, presenting at least as many FEDERAL as NATIONAL features.

The difference between a federal and national government, as it relates to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that in the former the powers operate on the political bodies composing the Confederacy, in their political capacities; in the latter, on the individual citizens composing the nation, in their individual capacities. On trying the Constitution by this criterion, it falls under the NATIONAL, not the FEDERAL character; though perhaps not so completely as has been understood. In several cases, and particularly in the trial of controversies to which States may be parties, they must be viewed and proceeded against in their collective and political capacities only. So far the national countenance of the government on this side seems to be disfigured by a few federal features. But this blemish is perhaps unavoidable in any plan; and the operation of the government on the people, in their individual capacities, in its ordinary and most essential proceedings, may, on the whole, designate it, in this relation, a NATIONAL government.

But if the government be national with regard to the OPERATION of its powers, it changes its aspect again when we contemplate it in relation to the EXTENT of its powers. The idea of a national government involves in it, not only an authority over the individual citizens, but an indefinite supremacy over all persons and things, so far as they are objects of lawful government. Among a people consolidated into one nation, this supremacy is completely vested in the national legislature. Among communities united for particular purposes, it is vested partly in the general and partly in the municipal legislatures. In the former case, all local authorities are subordinate to the supreme; and may be controlled, directed, or abolished by it at pleasure. In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere. In this relation, then, the proposed government cannot be deemed a NATIONAL one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects. It is true that in controversies relating to the boundary between the two jurisdictions, the tribunal which is ultimately to decide, is to be established under the general government. But this does not change the principle of the case. The decision is to be impartially made, according to the rules of the Constitution; and all the usual and most effectual precautions are taken to secure this impartiality. Some such tribunal is clearly essential to prevent an appeal to the sword and a dissolution of the compact; and that it ought to be established under the general rather than under the local governments, or, to speak more properly, that it could be safely established under the first alone, is a position not likely to be combated.

If we try the Constitution by its last relation to the authority by which amendments are to be made, we find it neither wholly NATIONAL nor wholly FEDERAL. Were it wholly national, the supreme and ultimate authority would reside in the MAJORITY of the people of the Union; and this authority would be competent at all times, like that of a majority of every national society, to alter or abolish its established government. Were it wholly federal, on the other hand, the concurrence of each State in the Union would be essential to every alteration that would be binding on all. The mode provided by the plan of the convention is not founded on either of these principles. In requiring more than a majority, and principles. In requiring more than a majority, and particularly in computing the proportion by STATES, not by CITIZENS, it departs from the NATIONAL and advances towards the FEDERAL character; in rendering the concurrence of less than the whole number of States sufficient, it loses again the FEDERAL and partakes of the NATIONAL character.

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.

PUBLIUS.

The Powers of the Convention to Form a Mixed Government Examined and Sustained
From the New York Packet.
Friday, January 18, 1788.

Author: James Madison

To the People of the State of New York:

THE SECOND point to be examined is, whether the convention were authorized to frame and propose this mixed Constitution. The powers of the convention ought, in strictness, to be determined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference, either to the recommendation from the meeting at Annapolis, in September, 1786, or to that from Congress, in February, 1787, it will be sufficient to recur to these particular acts. The act from Annapolis recommends the “appointment of commissioners to take into consideration the situation of the United States; to devise SUCH FURTHER PROVISIONS as shall appear to them necessary to render the Constitution of the federal government ADEQUATE TO THE EXIGENCIES OF THE UNION; and to report such an act for that purpose, to the United States in Congress assembled, as when agreed to by them, and afterwards confirmed by the legislature of every State, will effectually provide for the same. “The recommendatory act of Congress is in the words following:”WHEREAS, There is provision in the articles of Confederation and perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the legislatures of the several States; and whereas experience hath evinced, that there are defects in the present Confederation; as a mean to remedy which, several of the States, and PARTICULARLY THE STATE OF NEW YORK, by express instructions to their delegates in Congress, have suggested a convention for the purposes expressed in the following resolution; and such convention appearing to be the most probable mean of establishing in these States A FIRM NATIONAL GOVERNMENT:”Resolved, That in the opinion of Congress it is expedient, that on the second Monday of May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose OF REVISING THE ARTICLES OF CONFEDERATION, and reporting to Congress and the several legislatures such ALTERATIONS AND PROVISIONS THEREIN, as shall, when agreed to in Congress, and confirmed by the States, render the federal Constitution ADEQUATE TO THE EXIGENCIES OF GOVERNMENT AND THE PRESERVATION OF THE UNION. “From these two acts, it appears, 1st, that the object of the convention was to establish, in these States, A FIRM NATIONAL GOVERNMENT; 2d, that this government was to be such as would be ADEQUATE TO THE EXIGENCIES OF GOVERNMENT and THE PRESERVATION OF THE UNION; 3d, that these purposes were to be effected by ALTERATIONS AND PROVISIONS IN THE ARTICLES OF CONFEDERATION, as it is expressed in the act of Congress, or by SUCH FURTHER PROVISIONS AS SHOULD APPEAR NECESSARY, as it stands in the recommendatory act from Annapolis; 4th, that the alterations and provisions were to be reported to Congress, and to the States, in order to be agreed to by the former and confirmed by the latter. From a comparison and fair construction of these several modes of expression, is to be deduced the authority under which the convention acted. They were to frame a NATIONAL GOVERNMENT, adequate to the EXIGENCIES OF GOVERNMENT, and OF THE UNION; and to reduce the articles of Confederation into such form as to accomplish these purposes.

There are two rules of construction, dictated by plain reason, as well as founded on legal axioms. The one is, that every part of the expression ought, if possible, to be allowed some meaning, and be made to conspire to some common end. The other is, that where the several parts cannot be made to coincide, the less important should give way to the more important part; the means should be sacrificed to the end, rather than the end to the means. Suppose, then, that the expressions defining the authority of the convention were irreconcilably at variance with each other; that a NATIONAL and ADEQUATE GOVERNMENT could not possibly, in the judgment of the convention, be affected by ALTERATIONS and PROVISIONS in the ARTICLES OF CONFEDERATION; which part of the definition ought to have been embraced, and which rejected? Which was the more important, which the less important part? Which the end; which the means? Let the most scrupulous expositors of delegated powers; let the most inveterate objectors against those exercised by the convention, answer these questions. Let them declare, whether it was of most importance to the happiness of the people of America, that the articles of Confederation should be disregarded, and an adequate government be provided, and the Union preserved; or that an adequate government should be omitted, and the articles of Confederation preserved. Let them declare, whether the preservation of these articles was the end, for securing which a reform of the government was to be introduced as the means; or whether the establishment of a government, adequate to the national happiness, was the end at which these articles themselves originally aimed, and to which they ought, as insufficient means, to have been sacrificed. But is it necessary to suppose that these expressions are absolutely irreconcilable to each other; that no ALTERATIONS or PROVISIONS in THE ARTICLES OF THE CONFEDERATION could possibly mould them into a national and adequate government; into such a government as has been proposed by the convention? No stress, it is presumed, will, in this case, be laid on the TITLE; a change of that could never be deemed an exercise of ungranted power. ALTERATIONS in the body of the instrument are expressly authorized. NEW PROVISIONS therein are also expressly authorized. Here then is a power to change the title; to insert new articles; to alter old ones. Must it of necessity be admitted that this power is infringed, so long as a part of the old articles remain? Those who maintain the affirmative ought at least to mark the boundary between authorized and usurped innovations; between that degree of change which lies within the compass of ALTERATIONS AND FURTHER PROVISIONS, and that which amounts to a TRANSMUTATION of the government. Will it be said that the alterations ought not to have touched the substance of the Confederation? The States would never have appointed a convention with so much solemnity, nor described its objects with so much latitude, if some SUBSTANTIAL reform had not been in contemplation. Will it be said that the FUNDAMENTAL PRINCIPLES of the Confederation were not within the purview of the convention, and ought not to have been varied? I ask, What are these principles? Do they require that, in the establishment of the Constitution, the States should be regarded as distinct and independent sovereigns? They are so regarded by the Constitution proposed. Do they require that the members of the government should derive their appointment from the legislatures, not from the people of the States? One branch of the new government is to be appointed by these legislatures; and under the Confederation, the delegates to Congress MAY ALL be appointed immediately by the people, and in two States [1] are actually so appointed. Do they require that the powers of the government should act on the States, and not immediately on individuals? In some instances, as has been shown, the powers of the new government will act on the States in their collective characters. In some instances, also, those of the existing government act immediately on individuals. In cases of capture; of piracy; of the post office; of coins, weights, and measures; of trade with the Indians; of claims under grants of land by different States; and, above all, in the case of trials by courts-marshal in the army and navy, by which death may be inflicted without the intervention of a jury, or even of a civil magistrate; in all these cases the powers of the Confederation operate immediately on the persons and interests of individual citizens. Do these fundamental principles require, particularly, that no tax should be levied without the intermediate agency of the States? The Confederation itself authorizes a direct tax, to a certain extent, on the post office. The power of coinage has been so construed by Congress as to levy a tribute immediately from that source also. But pretermitting these instances, was it not an acknowledged object of the convention and the universal expectation of the people, that the regulation of trade should be submitted to the general government in such a form as would render it an immediate source of general revenue? Had not Congress repeatedly recommended this measure as not inconsistent with the fundamental principles of the Confederation? Had not every State but one; had not New York herself, so far complied with the plan of Congress as to recognize the PRINCIPLE of the innovation? Do these principles, in fine, require that the powers of the general government should be limited, and that, beyond this limit, the States should be left in possession of their sovereignty and independence? We have seen that in the new government, as in the old, the general powers are limited; and that the States, in all unenumerated cases, are left in the enjoyment of their sovereign and independent jurisdiction. The truth is, that the great principles of the Constitution proposed by the convention may be considered less as absolutely new, than as the expansion of principles which are found in the articles of Confederation. The misfortune under the latter system has been, that these principles are so feeble and confined as to justify all the charges of inefficiency which have been urged against it, and to require a degree of enlargement which gives to the new system the aspect of an entire transformation of the old. In one particular it is admitted that the convention have departed from the tenor of their commission. Instead of reporting a plan requiring the confirmation OF THE LEGISLATURES OF ALL THE STATES, they have reported a plan which is to be confirmed by the PEOPLE, and may be carried into effect by NINE STATES ONLY. It is worthy of remark that this objection, though the most plausible, has been the least urged in the publications which have swarmed against the convention. The forbearance can only have proceeded from an irresistible conviction of the absurdity of subjecting the fate of twelve States to the perverseness or corruption of a thirteenth; from the example of inflexible opposition given by a MAJORITY of one sixtieth of the people of America to a measure approved and called for by the voice of twelve States, comprising fifty-nine sixtieths of the people an example still fresh in the memory and indignation of every citizen who has felt for the wounded honor and prosperity of his country. As this objection, therefore, has been in a manner waived by those who have criticised the powers of the convention, I dismiss it without further observation. The THIRD point to be inquired into is, how far considerations of duty arising out of the case itself could have supplied any defect of regular authority. In the preceding inquiries the powers of the convention have been analyzed and tried with the same rigor, and by the same rules, as if they had been real and final powers for the establishment of a Constitution for the United States. We have seen in what manner they have borne the trial even on that supposition. It is time now to recollect that the powers were merely advisory and recommendatory; that they were so meant by the States, and so understood by the convention; and that the latter have accordingly planned and proposed a Constitution which is to be of no more consequence than the paper on which it is written, unless it be stamped with the approbation of those to whom it is addressed. This reflection places the subject in a point of view altogether different, and will enable us to judge with propriety of the course taken by the convention. Let us view the ground on which the convention stood. It may be collected from their proceedings, that they were deeply and unanimously impressed with the crisis, which had led their country almost with one voice to make so singular and solemn an experiment for correcting the errors of a system by which this crisis had been produced; that they were no less deeply and unanimously convinced that such a reform as they have proposed was absolutely necessary to effect the purposes of their appointment. It could not be unknown to them that the hopes and expectations of the great body of citizens, throughout this great empire, were turned with the keenest anxiety to the event of their deliberations. They had every reason to believe that the contrary sentiments agitated the minds and bosoms of every external and internal foe to the liberty and prosperity of the United States. They had seen in the origin and progress of the experiment, the alacrity with which the PROPOSITION, made by a single State (Virginia), towards a partial amendment of the Confederation, had been attended to and promoted. They had seen the LIBERTY ASSUMED by a VERY FEW deputies from a VERY FEW States, convened at Annapolis, of recommending a great and critical object, wholly foreign to their commission, not only justified by the public opinion, but actually carried into effect by twelve out of the thirteen States. They had seen, in a variety of instances, assumptions by Congress, not only of recommendatory, but of operative, powers, warranted, in the public estimation, by occasions and objects infinitely less urgent than those by which their conduct was to be governed. They must have reflected, that in all great changes of established governments, forms ought to give way to substance; that a rigid adherence in such cases to the former, would render nominal and nugatory the transcendent and precious right of the people to “abolish or alter their governments as to them shall seem most likely to effect their safety and happiness,” [2] since it is impossible for the people spontaneously and universally to move in concert towards their object; and it is therefore essential that such changes be instituted by some INFORMAL AND UNAUTHORIZED PROPOSITIONS, made by some patriotic and respectable citizen or number of citizens. They must have recollected that it was by this irregular and assumed privilege of proposing to the people plans for their safety and happiness, that the States were first united against the danger with which they were threatened by their ancient government; that committees and congresses were formed for concentrating their efforts and defending their rights; and that CONVENTIONS were ELECTED in THE SEVERAL STATES for establishing the constitutions under which they are now governed; nor could it have been forgotten that no little ill-timed scruples, no zeal for adhering to ordinary forms, were anywhere seen, except in those who wished to indulge, under these masks, their secret enmity to the substance contended for. They must have borne in mind, that as the plan to be framed and proposed was to be submitted TO THE PEOPLE THEMSELVES, the disapprobation of this supreme authority would destroy it forever; its approbation blot out antecedent errors and irregularities. It might even have occurred to them, that where a disposition to cavil prevailed, their neglect to execute the degree of power vested in them, and still more their recommendation of any measure whatever, not warranted by their commission, would not less excite animadversion, than a recommendation at once of a measure fully commensurate to the national exigencies. Had the convention, under all these impressions, and in the midst of all these considerations, instead of exercising a manly confidence in their country, by whose confidence they had been so peculiarly distinguished, and of pointing out a system capable, in their judgment, of securing its happiness, taken the cold and sullen resolution of disappointing its ardent hopes, of sacrificing substance to forms, of committing the dearest interests of their country to the uncertainties of delay and the hazard of events, let me ask the man who can raise his mind to one elevated conception, who can awaken in his bosom one patriotic emotion, what judgment ought to have been pronounced by the impartial world, by the friends of mankind, by every virtuous citizen, on the conduct and character of this assembly? Or if there be a man whose propensity to condemn is susceptible of no control, let me then ask what sentence he has in reserve for the twelve States who USURPED THE POWER of sending deputies to the convention, a body utterly unknown to their constitutions; for Congress, who recommended the appointment of this body, equally unknown to the Confederation; and for the State of New York, in particular, which first urged and then complied with this unauthorized interposition? But that the objectors may be disarmed of every pretext, it shall be granted for a moment that the convention were neither authorized by their commission, nor justified by circumstances in proposing a Constitution for their country: does it follow that the Constitution ought, for that reason alone, to be rejected? If, according to the noble precept, it be lawful to accept good advice even from an enemy, shall we set the ignoble example of refusing such advice even when it is offered by our friends? The prudent inquiry, in all cases, ought surely to be, not so much FROM WHOM the advice comes, as whether the advice be GOOD. The sum of what has been here advanced and proved is, that the charge against the convention of exceeding their powers, except in one instance little urged by the objectors, has no foundation to support it; that if they had exceeded their powers, they were not only warranted, but required, as the confidential servants of their country, by the circumstances in which they were placed, to exercise the liberty which they assume; and that finally, if they had violated both their powers and their obligations, in proposing a Constitution, this ought nevertheless to be embraced, if it be calculated to accomplish the views and happiness of the people of America. How far this character is due to the Constitution, is the subject under investigation.

PUBLIUS.

General View of the Powers Conferred by the Constitution
For the Independent Journal.

Author: James Madison

To the People of the State of New York:

THE Constitution proposed by the convention may be considered under two general points of view. The FIRST relates to the sum or quantity of power which it vests in the government, including the restraints imposed on the States. The SECOND, to the pa