Forgive them Madison for they know not what they do …
James Madison one of the most astute and well developed political minds of the past three hundred years is now rolling over in his grave. He has been called “Father of the Constitution” and his immeasurable contribution to the formulation of federal law can not be denied. He, with the assistance of the French philosopher Charles de Secondat, Baron de Montesquieu, (see Spirit of Laws) developed the notion of separate branches of government:
“In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another.” #51
Moreover, Madison had the forethought of political factions and its debilitating consequences on government:
“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.” #10
This situation as become common place in America, we seem to focus on differences and angles of grievance rather than common cause. Ambition is a powerful motivator in this cycle of cynicism and suspicion. Furthermore, Madison understood ambition clearly as presented in this prophetic statement:
“Ambition must be made to counteract ambition” #51
Unfortunately, a very Anti-Federalist society has taken Madison’s label The Federalist and made his work for a healthy federal government a mockery. The Federalist Society gives lip service to Madison, Jay and Hamilton. This “service” is displayed prominently on their web site:
“We have fostered a greater appreciation for the role of separation of powers; federalism; limited, constitutional government; and the rule of law in protecting individual freedom and traditional values. Overall, the Society's efforts are improving our present and future leaders' understanding of the principles underlying American law.”
Interestingly, this is the same empty rhetoric that Samuel Bryan, Federal farmer, Robert Yates, and John DeWitt sermonized in the Anti- Federalist papers, more than two hundred years ago.
For example:
Brutus:
“Perhaps this country never saw so critical a period in their political concerns. We have felt the feebleness of the ties by which these United-States are held together, and the want of sufficient energy in our present confederation, to manage, in some instances, our general concerns… If the constitution, offered to your acceptance, be a wise one, calculated to preserve the invaluable blessings of liberty, to secure the inestimable rights of mankind, and promote human happiness, then, if you accept it, you will lay a lasting foundation of happiness for millions yet unborn; generations to come will rise up and call you blessed.”
Federal Farmer:
“A federal government of some sort is necessary. We have suffered the present to languish; and whether the confederation was capable or not originally of answering any valuable purposes, it is now but of little importance. I will pass by the men, and states, who have been particularly instrumental in preparing the way for a change, and, perhaps, for governments not very favourable to the people at large. A constitution is now presented which we may reject, or which we may accept, with or without amendments; and to which point we ought to direct our exertions, is the question.”
John DeWitt:
“America stands completely systemised without any of these misfortunes. -- On the contrary, from the first settlement of the country the necessity of civil associations, founded upon equality, consent, and proportionate justice have ever been universally acknowledged.”
It is important that we keep close watch on wolves in Federalist clothing. I understand that history is a thing of the past; however some political and cultural history must be understood fully. For if the Anti-Federalist of yesterday and the Federalist Society of today are acclaimed as champions of true federalism, freedom, traditional values and separation of powers then our nation will be lost.
“In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another.” #51
Moreover, Madison had the forethought of political factions and its debilitating consequences on government:
“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.” #10
This situation as become common place in America, we seem to focus on differences and angles of grievance rather than common cause. Ambition is a powerful motivator in this cycle of cynicism and suspicion. Furthermore, Madison understood ambition clearly as presented in this prophetic statement:
“Ambition must be made to counteract ambition” #51
Unfortunately, a very Anti-Federalist society has taken Madison’s label The Federalist and made his work for a healthy federal government a mockery. The Federalist Society gives lip service to Madison, Jay and Hamilton. This “service” is displayed prominently on their web site:
“We have fostered a greater appreciation for the role of separation of powers; federalism; limited, constitutional government; and the rule of law in protecting individual freedom and traditional values. Overall, the Society's efforts are improving our present and future leaders' understanding of the principles underlying American law.”
Interestingly, this is the same empty rhetoric that Samuel Bryan, Federal farmer, Robert Yates, and John DeWitt sermonized in the Anti- Federalist papers, more than two hundred years ago.
For example:
Brutus:
“Perhaps this country never saw so critical a period in their political concerns. We have felt the feebleness of the ties by which these United-States are held together, and the want of sufficient energy in our present confederation, to manage, in some instances, our general concerns… If the constitution, offered to your acceptance, be a wise one, calculated to preserve the invaluable blessings of liberty, to secure the inestimable rights of mankind, and promote human happiness, then, if you accept it, you will lay a lasting foundation of happiness for millions yet unborn; generations to come will rise up and call you blessed.”
Federal Farmer:
“A federal government of some sort is necessary. We have suffered the present to languish; and whether the confederation was capable or not originally of answering any valuable purposes, it is now but of little importance. I will pass by the men, and states, who have been particularly instrumental in preparing the way for a change, and, perhaps, for governments not very favourable to the people at large. A constitution is now presented which we may reject, or which we may accept, with or without amendments; and to which point we ought to direct our exertions, is the question.”
John DeWitt:
“America stands completely systemised without any of these misfortunes. -- On the contrary, from the first settlement of the country the necessity of civil associations, founded upon equality, consent, and proportionate justice have ever been universally acknowledged.”
It is important that we keep close watch on wolves in Federalist clothing. I understand that history is a thing of the past; however some political and cultural history must be understood fully. For if the Anti-Federalist of yesterday and the Federalist Society of today are acclaimed as champions of true federalism, freedom, traditional values and separation of powers then our nation will be lost.
posted by JDAvignon at 6:26 PM
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