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Federalist No. 6


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With the subject of the dangers of dissension between the states, I was very interested in Federalist No. 6. My interest stems from the fact that we have seen, and continue to see, the results of such dissensions – not as much between the states as between powerful parties and organizations within the nation.

. . . 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.”(Vide “Principes des Negociations” par 1’Abbe de Mably.) This passage, at the same time, points out the EVIL and suggests the REMEDY. (emphasis original)

There is enough strife, and enough of regional differences to make me question if the system we have has enough force in the built-in mechanisms of self-correction (separation of powers, competitions between overlapping interests different groups and competing interests between various groups of individuals and states) to regain the unity that has previously brought our nation together when we most needed it.

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Federalist No. 5


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Federalist No. 5 again argues the value of union over confederacies of fully sovereign states. I see no reason to revisit the issue, but I did notice one very accurate prediction:

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.

As soon as I read this I saw its fulfillment in the conflict over slavery. One of the things that brought the Southern States to succeed was that President Lincoln was elected entirely on the strength of the Northern voters without ever appearing on the Southern ballots. The North had grown so much more important politically that the South felt compelled to separate themselves.

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Federalist No. 4


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Federalist No. 4 continues largely the same argument as Federalist No. 3. Number 3 was about how a unified government could best prevent other nations from justly coming to war against us. Number 4 focuses on the fact that a unified national government is more likely to discourage other nations from manufacturing excuses to come to war against us – something akin to “peace through strength.”

The best part of number 4 comes in the final paragraph:

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 . . . or split into three or four . . . discordant republics or confederacies, . . . 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.

Our last few years have proven this true, for although we are still a nation under a single government we are nationally split into discordant confederacies politically and other nations are seeing less and less to respect among us.

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General

Federalist No. 3


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Federalist No. 3 continues the discussion as to why a unified national government would be better than thirteen sovereign states or any number of weaker confederacies of the states. Once again the logic is sound, but it exposes how we have strayed from the government envisioned by the founders.

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. (emphasis mine)

Is there any person in this nation today that would argue that our federal government is efficient in any sense?

Nations and individuals around the world who would fight against us are unlikely to fear a bloated national government that would take the time to bail out a financial investment firm like Bear Stearns when they have not managed to secure our own borders (and I’m not talking about immigration as an economic and social issue here, I’m talking smuggling as a national security issue).

A federal government as confused and confusing as ours has become does not invite the most capable to manage it – instead it invites those most comfortable with the vagaries of the bloated system regardless of their capability to lead and/or manage it.

Such a daunting system does not encourage a society of people who dare to risk and dream, rather it encourages people to seek any kind of personal security that another person is willing to offer them, making them reliant upon and susceptible to those who would take advantage of insecurity.

The federal government has grown large enough that the individual states are no longer cooperating within the federal government, but competing to influence it. It’s time that we worked to return to a more efficient government and remind our citizens that:

. . . a cordial Union, under an efficient national government, affords them the best security that can be devised . . .

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Federalist No. 2


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Federalist No. 2 has been a really interesting read, and I look forward to Nos. 3-5 which continue discussion of this issue of union vs separation. One of the things I find so fascinating is that I agree with the argument, that union is preferable to a looser confederation of the states such as regionalism, some of the premises are not as true in our nation today as they were in the 1780’s

. . . 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 . . .

Rather than a people that are united in the ways described above, more and more of our nation descends from ancestors that were not common to the Americans of the 18th century, there is a growing schizm in our language as immigrants – especially latino immigrants – cling to their native tongue rather than join in the conformance to a common language, while the majority of our citizens profess some Christian belief system that majority continues to shrink and we have expanding proportions of many belief systems even outside the Abrahamic traditions that are dominant in nearly all the world.

The lack of unity in these things is not nearly as worrisome as the recitation of what naturally happened after the First Continental Congress convened and made recommendations to the various states:

. . .the memorable Congress of 1774 . . . 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.

This degradation of officers of government from being servants of the people to beginning to serve their own interests was noticed within a few years. How ready are we for a cleansing when there has been over two centuries for such attitudes and actions to become ingrained in the psyche of our officers of government.

Before our nation was founded, the American people were confronted with politicians advocating division:

. . . politicians now appear, who insist that this opinion is erroneous (that the prosperity of the people of America depended on their continuing firmly united), 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.

Today we have no such politicians professing that division is preferable to unity, but we have two very powerful parties that encourage us to take sides in a war against our fellow Americans. They have in common the trait of offering an us-against-them mentality to all who would enter their respective parties.

Is unity preferable to division among the people? Yes, but it need not be a union of universally held beliefs and perspectives. What we really need is a union of universally applied civility and a common striving for the good of the nation and the defense of the constitution upon which our nation is based rather than slipping to the baser instinct to pursue personal gain in the public arena and victory at all costs through the politics of division.

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Federalist No. 1


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Starting on my goal to read the federalist papers and glean a greater understanding of the logic of the founders, today I tackled Federalist No. 1 – the introduction. I like the way that the topic is opened with the admission that noble intent may lead to the wrong side of a great question just as base intent may lead to the right side of the same question and we must therefore look to the truth, and not merely the intent of those who make the argument.

I also enjoyed the predictions of how the public discussion would play out – it sounded very familiar:

. . . 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.

I also really liked that despite the goal to lead people to the truth so that they could make up their own mind the bias of the author is freely given:

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 (the constitution). 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. (emphasis added)

It seems to me a mark of a strong character (and probably a strong position as well) that an author would openly admit their bias on the subject of their writing so that it can be openly challenged. It reminds me of one of my favorite quips if someone says I’m biased about my wife being pretty or my children being smart:

Just because I’m biased does not mean I’m wrong.

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The Declaration of Independence


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I doubt that I could add any new commentary on The Declaration of Independence but in reading it again I was reminded of why there are only three paragraphs with which most people have any familiarity (the first two and the last one) – all the rest of the declaration is filled with statements that are specific to the situations of that time. The one thing that really struck me as I read was that as we talk about revolution or change in government we should apply the same standards that are outlined in this declaration. First, we must recognize the purpose of government:

. . . 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. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed . . .

Second, as we work to effect a change of government we should remember how and when that should be undertaken:

. . . whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes . . . But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

In case anyone is not clear on the point – I don’t think our situation warrants abolishing our government as currently established – partially because we have have established methods for regular transitions of power. What I do believe is that because of our system of citizen involvement and established and regular transfers of power it is our never-ending duty to pay attention to the way that government is altered and to revoke previous alterations in cases where they prove to be either destructive or ineffective for their desired purpose. Always in our efforts to make or unmake alterations we should be looking back to the original statement of the purpose of government.

One final observation – the rights listed as examples of the unalienable rights of all men are life, liberty, and the pursuit of happiness. It is not the responsibility of government to secure happiness for each but to ensure their right to pursue happiness as they define it.

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Liberty Or Death


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How many people, like me, are only familiar with little more than the final sentence of this speech by Patrick Henry? It contains very little in the way of political policy or ideas, but a very good sketch of the character of the men who built our nation. How many citizens today are too busy to be bothered with understanding or maintaining the liberty which those men held in such high regard?

. . . it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth . . . For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it.

As I read the words of the speech I began to ask myself, would we even recognize if our freedom were under assault today as theirs was then? It is especially important considering that our freedom is most likely to be abridged, not by a government based across the ocean from us, but one in our own land; one often held up as an example of government over what many call the most liberated society in history.

They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot?

If we do recognize a real danger will we have the courage to take action or is our character such that we would bow to the conventional wisdom which would undoubtedly tell us that we are too weak to make a change?

It should be no wonder to any of us that a patriot would say “give me liberty, or give me death,” if they have seen, as our founders had, that the war was already begun and that the options for an equitable peace had already been exhausted.

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Magna Carta


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I don’t intend to review these historical documents each day, but I do want  to get started and I decided to go basically in historical order. Ever since I wrote yesterday I have been intrigued by the first of these documents – the Magna Carta or Great Charter. Prior to today I had never given more than a cursory look at the actual text of the Magna Carta, mostly for me it has just been an ancient document that helped establish the foundation of freedom upon which the Constitution was built. It appears that there were two versions, one given in 1215 and then a revised version – omitting some sections – in 1225.

The Magna Carta establishes the independence of the church from the control of the king although I would have to study my history to see what that meant in practical terms. It also addresses the laws pertaining to inheritance and the payment of debts protecting heirs (especially heirs under the legal age) and debtors from having their property taken unduly. It also established the rights of widows to own common property upon the deaths of their husbands.

Based on the 13th section (the original document had no such breaks) it appears that the people of the city of London had gained some freedoms that were unusual for the time. The Magna Carta dictated that all cities should enjoy the same privileges as London had obtained.

I find what appear to be precursors to a judicial system that allowed for standardized punishment, juries (four local knights were the prescribed jury here) and possibly a system for appeals. Free men were given the right of a trial by a jury of their peers before they could be imprisoned or stripped of their rights. Also included was a provision that fines should be “only in proportion to the degree of his offence[sic], and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood.”

Government officers are prevented from taking goods for the government without the consent of the owner and appropriate compensation. They were also required to produce witnesses besides themselves in order to put a person on trial.

Standards of measurement and value were to be established throughout the kingdom.

Except in time of war, merchants were to be allowed free passage into and out of the country – so long as they did not swear allegiance to another country.

A congress of 25 barons was to be established (perhaps a precursor to the House of Lords) which had the authority to seek redress if the king should break any of the provisions of the Magna Carta. They also had the authority to seize anything save the members of the royal family if redress was not given within 40 days after they notified the king of any offense against this charter. I particularly like this portion:

Any man who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing us to the utmost of his power. We give public and free permission to take this oath to any man who so desires, and at no time will we prohibit any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear it at our command. (emphasis mine)

More historical information – such as the fact that it was renounced soon afterwards by the king and that many parts of it were repealed in the 18th and 19th centuries (no wonder the American colonies broke away in the late 18th century) – can be found in Wikipedia under Magna Carta and 1215. Another interesting fact was that it was (closely) based on the Charter of Liberties given by Henry I.