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To: Spiff
[Your quote of Scalia's dissent] "What a mockery today’s opinion makes of Hamilton’s expectation, announcing the Court’s conclusion that the meaning of our Constitution has changed over the past 15 years...."

Actually, I wouldn't let Hamilton off the hook. He was a practicing attorney and not above pushing a grift to get his way, as he did both in the Philadelphia Convention and in the ratification debates at home in New York, when he and fellow Federalist campaigner John Jay put it about, for the education of the Antifederalist yahoos upstate, that if Albany failed to move to ratify the Constitution, Federal-minded gentlemen in New York City might just take southern New York State with them and secede, and join the Union by ratifying the Constitution themselves as a new State. This was a canard, but it had some effect, and it shows Hamilton at his snarkiest. He also poured vitriol all over the idea of a Bill of Rights, including the Eighth Amendment, in Federalist 84, and continued to scoff at the idea in No. 85, the last of the series. Had Hamilton had his way, there would be no Eighth Amendment.

Further, Hamilton was accustomed to "work[ing] the treadles of slower minds" all his life, and any assuance he gave fellow New Yorkers in The Federalist that the Judiciary would remain "bound down" had to be, coming from an attorney, disingenuous. Because the first thing John Jay did, as the first Chief Justice of the Supreme Court, was to start handing down dicta that incorporated the principles of national amalgamation and nationalism that had been specifically repudiated by the Philadelphia Convention, the ratifying States, and the People generally -- a Supreme Court "instant tradition" of radical reinterpretation of the Constitution that Hamilton had to see coming, and which fellow Federalist John Marshall became notorious in perfecting when he became Chief Justice years after Jay.

This tradition had a consequence that was written in blood, by and by, when Abraham Lincoln relied on Federalist revisionist theories of the nature of the Union that had been compiled from Jay's and Marshall's opinions and dicta in the 1830's, in insisting on his theory of the Union that led directly to -- and justified -- his strenuous efforts to reconquer the Southern States after they seceded from the Union in 1860.

Jay's and Marshall's sausage-making cost America 620,000 battlefield dead and another 250,000 incidental casualties -- almost a million dead, in a nation that contained only 31,000,000 people at most in 1860. An equivalent proportion today would see about 9,000,000 war dead.

94 posted on 07/01/2005 4:27:31 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus; Non-Sequitur
Abraham Lincoln relied on Federalist revisionist theories of the nature of the Union that had been compiled from Jay's and Marshall's opinions and dicta in the 1830's, in insisting on his theory of the Union that led directly to -- and justified -- his strenuous efforts to reconquer the Southern States after they seceded from the Union in 1860.

I was under the impression that Abraham Lincoln relied heavily on the views of former President and Tennessean, Andrew Jackson [among others], to assist his own understanding of Union.

Andrew Jackson could hardly be considered a Federalist, now could he?

"Without union our independence and liberty would never have been achieved; without union they never can be maintained. ... The loss of liberty, of all good government, of peace, plenty, and happiness, must inevitably follow a dissolution of the Union." --Andrew Jackson, Second Inaugural Address, 1833

99 posted on 07/01/2005 5:44:56 AM PDT by mac_truck (Aide toi et dieu l’aidera)
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