2:Louis Hartz, "Concept of a Liberal Society
Brandy Smith, Fall 2004
I. There is a folklore that America was settled
by men who fled the feudal and clerical oppositions of the Old World.
II. *One of the central characteristics of
a nonfeudal society is that it lacks a genuine revolutionary tradition.
*It also lacks a tradition
of reaction.
*Socialism is largely
an ideological phenomenon arising out of the principles of class and the
revolutionary liberal revolt against them.
*America has uniquely
lacked a feudal tradition as well as a socialist tradition.
*If the ancient regime
is not present to begin with, one thing follows automatically: it does
not return in a blaze of glory.
*Socialism arises not
only to fight capitalism, but remnants of feudalism itself.
*The basic ethical problem
of a liberal society is not the danger of the majority but the danger of
unanimity.
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Charles A. Beard, The Constitution as
an Economic Document
by Chanley Rainey, Fall 2008
“Beard’s closely argued thesis has long stimulated
debate as to whether particular material interests or broader political
values were the dominant inspirations for the constitutional framework
that was drafted in 1787”
I. Sources
a. The Constitution itself
b. The correspondence between statesmen and
those involved in the document’s construction
c. Newspapers and pamphlets from the period
d. The recorded debates of the state conventions
and the Philadelphia Convention
e. And, of course, The Federalist
II. The Powers Conferred Upon the Federal
Govt.
a. Pwr to lay and collect taxes
i. Southern states had sparser
populations of whites and larger estates, so their fears of being over-taxed
were allayed by:
1. the 3/5s compromise
2. a flat tax for land, the same nationwide
3. better assurance of having runaway slaves
returned
ii. States in general were reassured by Congress’
new power b/c it meant fewer encroachments on their govt. funds
iii. Wealthier men were reassured by the
provision stating that direct taxation would be based on population and
would therefore be a last resort
iv. Hamilton assured readers that the tax
system would be regressive: indirect taxes on goods and services
would be primary; direct taxes based on wealth would not exist except in
emergencies and then only as a flat tax on land
b. Unlimited pwr to raise and support military
and naval forces
i. In The Federalist, Hamilton, Jay,
and Madison “regarded trade and commerce as the fundamental cause of wars
b/w nations; and the source of domestic insurrection they traced to class
conflicts within society”
ii. A strong and orderly national govt. equipped
w/ and equally strong military and navy would deter attacks from jealous
and greedy neighbors
iii. It would also afford great bargaining
pwr in opening foreign markets and enjoying commercial privileges b/c our
neutrality or alliance would likely decide European conflicts
iv. As for quelling internal insurrections,
the wealthy were comforted by the promise of aid in the event of a populist
uprising (north) or a slave revolt (south)
c. Unlimited pwr to regulate foreign and interstate
commerce
i. Allowed Congress to use regulations
in coherence and conjunction w/ military strength in orchestrating the
nation’s foreign commerce
ii. Assured the northern mercantile and manufacturing
interests that they would have the entire country as an open market and
that their trade with other nations would be as open and favorable as possible
iii. These benefits were paid for by the
large concessions to the southern states mentioned above
d. “The pwr to dispose of the territories and
make rules and regulations for their govt. and admission to the Union”
III. Restrictions Laid Upon State Legislatures
a. Madison, in a letter to Jefferson
in 1787, posits that property interests offended by the injustices of the
state legislatures had more to do with the calling of the Convention than
did the deficiencies of the Articles of Confederation
b. Thus money lenders, security holders,
and businessmen of all stripes are granted commercial stability in two
clauses:
i. States and state banks cannot
produce and distribute paper money. Since the gold and silver coin of the
US would be the only legal tender, this meant a return to a stable and
reassuring specie basis
ii. States are forbidden to impair the obligation
of contract so that business agreements could be made confidently
3: Charles Beard, "Constitution as
an Economic Document"
Michael Pierce, 2004
It can be difficult to study the constitution
as an economic document. It does not discuss classes; it doesn’t “place
any property qualifications on voters or officers… Its language is cold,
formal and severe.” It is easier to understand the constitution as an economic
document when one studies the other documents associated with the constitution
and its authors like the records of the debates at the constitutional conventions,
newspapers and letters, and especially The Federalist.
The Powers Conferred upon the Federal
Government
Few powers for ‘positive action’ are
outlined in the constitution.
The primary one is the right for the
government to levy taxes. There are restrictions placed on this
as well, to prevent the government from unfairly treating those who live
in rural areas. It also outlines the possibility of a national debt.
It also allows the federal government
to ‘raise and support military forces.’ This is of economic interest
because the authors of The Federalist considered economic disagreements
to be the primary cause of war. They anticipate that our economic success
will spark jealousy among other nations and encourage them to make war
against us.
The constitution also grants congress
“plenary control over foreign and interstate commerce... and authorizes
it to institute protective and discriminatory laws in favor of American
Interests.”
The constitution also gives congress
the right to set up rules about which territories are granted admission
into the Union.
It establishes the dominance
of Federal power over state power. Federal government can force states
to uphold their contracts. The federal government is given the power to
print money.
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4: Gordon S. Wood, "The American Science
of Politics"
Brady Lamborne, Fall 2008
• The Americans have transformed the people
in the same way that Englishmen a century earlier had transformed the rulers:
they broke the connectedness of interest among them and put them at war
with one another, just as seventeenth-century Englishmen had done.
• In these days we are equal citizens of
a Democratic Republic, in which jealousy and opposition must exist.
• The public good could be an entity
distinct from its parts; it was rather “the general combined interest of
all the state put together.
• Government was no longer designed merely
to promote the collective happiness of the people, but also, as the Tories
had urged in the early seventies, to protect citizens in their personal
liberty and property.
• Unless individuals and minorities were
protected against the power of majorities no government could be truly
free.
• Freedom, said Jefferson, would be destroyed
by “the establishment of the opinion that the state has a perpetual right
to the services of all its members.”
• Under a democracy, a self-interested man
must court the people, thus tending to make self-love coincide with the
people’s interest.
• The American republics had been created
rationally and purposefully-for the first time in history --without attempting
to pervert, suppress, or ignore the evil propensities of all men.
• The American government had also found
energy of true freedom and civil liberty without anarchy.
• They had for the first time demonstrated
to the world how people could diagnose the ill of its society and work
out a process of cure.
• Tyranny was now seen as the abuse of power
by any branch of the government.
• The people were an agglomeration of hostile
individuals coming together for their mutual benefit to construct a society.
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5: James Madison, "Federalist 10"
(Amy C. West, 2002)
-among the many advantages of a well constructed
Union, the ability to break and control the violence of faction is very
important
-instability, injustice, and confusion are
the mortal diseases that have caused other governments to perish
-measures are too often decided by the superior
force of an interested and overbearing majority
-effects of the unsteadiness and injustice
with which a factious spirit has tainted our public administration
-two methods of curing the mischiefs of faction:
by removing its causes or by controlling its effects
-liberty is to faction as air is to fire....none
existent
-as long as man continues to be fallible,
and he is at liberty to exercise it different opinions will be formed
-first object of government is the protect
diversity of faculties of men
-most common and durable source of factions
has been the various and unequal distribution of property
-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
government
-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
-pure democracy, by which 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 republic opens a different prospect and
promises the cure for which we are seeking
-two great differences between a republic
and democracy: the delegation of government, the greater number of citizens
and greater sphere of country over which the latter may be extended
-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
- the extent and proper structure of the
Union, we behold a republican remedy for the diseases most incident to
republican government
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