Men of Little Faith: Anti-Federalists and Article V Opponents

There is a parallel conservatism shared by the framing era Anti-Federalists and today’s Article V opponents. Conservativism in this sense is the tendency to hold on to what is known and to resist change.

We take it for granted, but thirteen heterogeneous societies joining in common defense was not inevitable. By 1787, both Federalists and Anti-Federalists foresaw approaching dissolution of the union under the Articles of Confederation (AC). A decade of experience with state constitutions had revealed their defects or weaknesses, and induced among many Americans an inclination toward change. Either the independent republics must join in a more perfect union, or eventually find security with a European power. The situation was favorable to a new constitution, but not necessarily to a national constitution.

Since 1781, Federalists, men who sought to enhance congressional tax and commerce powers under the AC crafted a solution in 1787. The resulting Constitution was new, yet had enough similarity with recently ratified state constitutions to be viewed as having both radical and familiar features.

Central to Anti-Federalist opposition was the possible abuse of power. It was on this basis that Patrick Henry at the VA ratifying convention opposed the Constitution beginning with “We The People” and just about every clause thereafter.

Among the gloomy warnings:
• At a ratio of 1:30,000, the House of Reps would soon be inhabited only by wealthy men of an aristocratic nature who would abuse the “Times, Places, and Manner” clause of Article I to suspend elections and set themselves up as oligarchs.
• Joining together under the treaty clause, the senate and president would set up a dictatorship.
• Runaway slaves, debtors and assorted villains and miscreants would find refuge in the federal city.

Like today, both sides in 1787 held a dim view of human nature, knew that it must be kept in check, and feared that the people were too corrupt for republican government.

However, their approaches toward a solution could be viewed as mirror opposites. Anti-Federalists would deny power in order to prevent abuse of power, while Federalists shaped a complex government in which power was so divided, so chopped up that the concentration, if not abuse of power was all but impossible.

In their intransigence, conservative Anti-Federalists chose to remain with a form of union that didn’t serve its designed purposes, which from Article III of the AC were: “their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.”

Perhaps, in retrospect, the AC could have worked as designed if it had been enforced or the states sent better men to congress. If only the states had obeyed the resolutions of congress as per Article XIII: ”Every State shall abide by the determination of the United States in congress assembled, on all questions which by this confederation are submitted to them.”

Yet, despite Article XIII, the states often did not comply with congressional resolutions.

Today, like the Anti-Federalists, Article V opponents also recognize our dire situation. Like the Articles of Confederation, the Constitution, while over a much longer time, has fallen far short of serving its purposes: “to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty.” We send good men and women to DC, and exhort them all to enforce the Constitution we have, but to no avail.

While the Federalists/Anti-Federalists and Article V Supporters/Opponents all agreed there were/are problems that had to be solved in order to save the union, one side to both situations refused to address the problems head-on. They preferred to conserve, out of fear of change and possible abuse of power, that which had proved to be detrimental to liberty. James Madison pointed out at the VA ratifying convention that if a power was judged necessary to good government, its possible abuse was an insufficient reason to oppose it, for there isn’t a power or privilege on earth that could not be abused. An Article V convention represents prudent use of state power for the purpose of reversing an encroaching evil.

The problems are real. Unlike the Federalists of 1787 who sought to reform a system that was only six years old, our task today might be more difficult. One hundred and three years of rot introduced by the 17th Amendment has unquestionably pervaded the body politic, yet the solution is not to do nothing.

Of course, no particular outcome is guaranteed from an Article V convention of the states, but as in 1787, if we do nothing out of fear of possible abuse of power by state delegates, what is guaranteed is transformation of the union for the worse. The future is a certain and hardening tyranny if we do not accept our responsibilities to save the great American experiment in free government.

Hat tip:
Kenyon, Cecilia. Men of Little Faith - Selected Writings of Cecelia Kenyon. Amherst and Boston: University of Massachusetts Press, 2002. Book.
Robertson, David. Debates and Other Proceedings of the Convention of Virginia - 1788. Richmond: Enquirer Press, 1805. Book.

The most evil government in the history of the republic.

“We are five days away from fundamentally transforming the United States of America.” — Barack Obama, October 30, 2008

The most important question that was ever proposed to your decision, or to the decision of any people under heaven, is before you, and you are to decide upon it by men of your own election, chosen specially for this purpose. 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. You may rejoice in the prospects of this vast extended continent becoming filled with freemen, who will assert the dignity of human nature. You may solace yourselves with the idea, that society, in this favoured land, will fast advance to the highest point of perfection; the human mind will expand in knowledge and virtue, and the golden age be, in some measure, realised. But if, on the other hand, this form of government contains principles that will lead to the subversion of liberty — if it tends to establish a despotism, or, what is worse, a tyrannic aristocracy; then, if you adopt it, this only remaining assylum for liberty will be shut up, and posterity will execrate your memory.

Momentous then is the question you have to determine, and you are called upon by every motive which should influence a noble and virtuous mind, to examine it well, and to make up a wise judgment. It is insisted, indeed, that this constitution must be received, be it ever so imperfect. If it has its defects, it is said, they can be best amended when they are experienced. But remember, when the people once part with power, they can seldom or never resume it again but by force. Many instances can be produced in which the people have voluntarily increased the powers of their rulers; but few, if any, in which rulers have willingly abridged their authority. This is a sufficient reason to induce you to be careful, in the first instance, how you deposit the powers of government.

So far therefore as its powers reach, all ideas of confederation are given up and lost. It is true this government is limited to certain objects, or to speak more properly, some small degree of power is still left to the states, but a little attention to the powers vested in the general government, will convince every candid man, that if it is capable of being executed, all that is reserved for the individual states must very soon be annihilated, except so far as they are barely necessary to the organization of the general government. The powers of the general legislature extend to every case that is of the least importance — there is nothing valuable to human nature, nothing dear to freemen, but what is within its power. It has authority to make laws which will affect the lives, the liberty, and property of every man in the United States; nor can the constitution or laws of any state, in any way prevent or impede the full and complete execution of every power given. The legislative power is competent to lay taxes, duties, imposts, and excises; — there is no limitation to this power…

And are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution; and they may so exercise this power as entirely to annihilate all the state governments, and reduce this country to one single government. And if they may do it, it is pretty certain they will; for it will be found that the power retained by individual states, small as it is, will be a clog upon the wheels of the government of the United States; the latter therefore will be naturally inclined to remove it out of the way. Besides, it is a truth confirmed by the unerring experience of ages, that every man, and every body of men, invested with power, are ever disposed to increase it, and to acquire a superiority over every thing that stands in their way. This disposition, which is implanted in human nature, will operate in the federal legislature to lessen and ultimately to subvert the state authority, and having such advantages, will most certainly succeed, if the federal government succeeds at all.

In a free republic…

Brutus #1 - Anti-federalist

States, sufficiently subjugated by the federal leviathan, have become the stomping grounds for socialists.

Socialism Is Legal Plunder - Bastiat

http://www.usdebtclock.org

6. But the grand nostrum will be a public debt…

7. It must not be forgotten that the members of the legislative body are to have a deep stake in the game. This is an essential point, and happily is attended with no difficulty. A sufficient number, properly disposed, can alternately legislate and speculate, and speculate and legislate, and buy and sell, and sell and buy, until a due portion of the property of their constituents has passed into their hands…

10. “Divide and govern” is a maxim consecrated by the experience of ages, and should be familiar in its use to every politician…

11. As soon as sufficient progress in the intended change shall have been made, and the public mind duly prepared according to the rules already laid down, it will be proper to venture on another and a bolder step toward a removal of the constitutional landmarks.

http://www.constitution.org/cmt/freneau/republic2monarchy.htm

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

For imposing Taxes on us without our Consent:

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Muslim Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

/list of grievances; Declaration of Independence

(Muslim Savages inserted for Indian Savages)

That 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.

ALTER it.

DEFUND socialist/totalitarian collectives, foreign and domestic.

DEPOPULATE socialists/totatitarians from the body politic.

“Above all, if you wish to be strong, begin by rooting out every particle of socialism that may have crept into your legislation.” - Bastiat

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