A RUNAWAY PRESIDENT?
REMEMBER THE OTHER FOUNDERS, TOO
The Federalist Papers Tell Only Half the Story
Real Rebels – Like Jefferson, Henry, Paine – Get Short Shrift
Adam Cohen had a fine and important piece in the Times this week. It took the form of a signed editorial (which is its own subject – an odd hybrid of the signed op-ed piece and the institutional, unsigned editorial).
In it, Cohen argues that “the founders,” in writing the Constitution, carved out a substantial role for Congress in declaring war, in raising armies and navies, and in waging war. In the current context, he was supplying historical ammunition to those who want to rein in the current chief executive and hasten the U.S. exit from the tragedy in Iraq. As good as his editorial was, it could have been stronger.
Trouble was, it was based on a misconception, which led him to a weak conclusion.
Here’s why: when invoking “the founders,” it is important to remember that there were a whole lot more founders than the Big Three (Hamilton, Madison, and Jay) who wrote the collection of arguments we know as The Federalist Papers. As you can discover in Chapter 2 of my book, the authors of the Federalist Papers were a small segment of the much larger group of “founders.” Granted, they were articulate and forceful. But the arguments collected in the Federalist Papers were just one school of thought, and they were among the founders who were most comfortable with executive power.
Almost always, the other founders are overlooked.
The Federalist Papers were written during the crucial debate over whether to ratify the Constitution. They were written when Hamilton began to worry that ratification might fail because of the popularity of the arguments being put forward by the critics of the draft constitution. Those critics, known as anti-federalists, were even more skeptical of executive power than the federalists. They saw executive power as inherently aggressive and grasping. They believed that any individual, unless checked, would seek to gather power and aggrandize himself.
As it happened, Jefferson was out of the country during this critical period (serving as America’s minister to France), so he did not reply directly to Hamilton, et. al. But plenty of other anti-federalists did reply. Their arguments appeared in dozens of newspapers, and they too have been collected. They appear in a book that is not nearly as well read (or widely assigned in schools) as The Federalist Papers but deserves to be better known. It is called (no surprise), The Anti-Federalist Papers. Amazon has several versions for sale, and you can find several good sources on-line by searching for “anti-federalist.”
See, for example, the argument put forth by the pseudonymous “Brutus” about the dangers of a standing army, in which the argument is made that it should take a 2/3 vote of Congress to even raise an army unless we are actually attacked by a foreign power. Such a provision in the Constitution would make it far more difficult for a president to launch into foreign misadventures like invading Iraq.
In general, when contemporary authors want to invoke the authority of “the founders,” they should do more than grab their trusty old copy of the (one-sided) Federalist Papers.
The Federalist Papers Tell Only Half the Story
Real Rebels – Like Jefferson, Henry, Paine – Get Short Shrift
Adam Cohen had a fine and important piece in the Times this week. It took the form of a signed editorial (which is its own subject – an odd hybrid of the signed op-ed piece and the institutional, unsigned editorial).
In it, Cohen argues that “the founders,” in writing the Constitution, carved out a substantial role for Congress in declaring war, in raising armies and navies, and in waging war. In the current context, he was supplying historical ammunition to those who want to rein in the current chief executive and hasten the U.S. exit from the tragedy in Iraq. As good as his editorial was, it could have been stronger.
Trouble was, it was based on a misconception, which led him to a weak conclusion.
Here’s why: when invoking “the founders,” it is important to remember that there were a whole lot more founders than the Big Three (Hamilton, Madison, and Jay) who wrote the collection of arguments we know as The Federalist Papers. As you can discover in Chapter 2 of my book, the authors of the Federalist Papers were a small segment of the much larger group of “founders.” Granted, they were articulate and forceful. But the arguments collected in the Federalist Papers were just one school of thought, and they were among the founders who were most comfortable with executive power.
Almost always, the other founders are overlooked.
The Federalist Papers were written during the crucial debate over whether to ratify the Constitution. They were written when Hamilton began to worry that ratification might fail because of the popularity of the arguments being put forward by the critics of the draft constitution. Those critics, known as anti-federalists, were even more skeptical of executive power than the federalists. They saw executive power as inherently aggressive and grasping. They believed that any individual, unless checked, would seek to gather power and aggrandize himself.
As it happened, Jefferson was out of the country during this critical period (serving as America’s minister to France), so he did not reply directly to Hamilton, et. al. But plenty of other anti-federalists did reply. Their arguments appeared in dozens of newspapers, and they too have been collected. They appear in a book that is not nearly as well read (or widely assigned in schools) as The Federalist Papers but deserves to be better known. It is called (no surprise), The Anti-Federalist Papers. Amazon has several versions for sale, and you can find several good sources on-line by searching for “anti-federalist.”
See, for example, the argument put forth by the pseudonymous “Brutus” about the dangers of a standing army, in which the argument is made that it should take a 2/3 vote of Congress to even raise an army unless we are actually attacked by a foreign power. Such a provision in the Constitution would make it far more difficult for a president to launch into foreign misadventures like invading Iraq.
In general, when contemporary authors want to invoke the authority of “the founders,” they should do more than grab their trusty old copy of the (one-sided) Federalist Papers.
Labels: anti-federalist, Constitution, federalist, founders, Iraq
