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FReeper Book Club: The Debate over the Constitution, Centinel #1
A Publius/Billthedrill Essay | 1 February 2010 | Publius & Billthedrill

Posted on 02/01/2010 7:56:26 AM PST by Publius

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To: r-q-tek86

The author’s. I have maintained his italicization, and in cases where the author preferred all capitals — no doubt thanks to the printing exigencies of the time — I have rendered them in italics, which would be the modern usage.


21 posted on 02/01/2010 10:03:16 AM PST by Publius
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To: Publius
Then his identification of the problem with the "general welfare" section mentioned in Verse 47 is particularly prescient.
22 posted on 02/01/2010 10:13:15 AM PST by r-q-tek86 (It isn't settled because it isn't science)
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To: Publius
He writes of "exclusion by rotation". Is this term limits, or possibly my preference for disallowing consecutive terms?

His answer is a group of small republics united in the sphere of foreign relations. To what extent was he right? Is he right today, with a much larger country?

I think he was dead on. I much prefer government to be localized because I like the competition aspect, and IMO there is more liberty. But it seems to me Bryan was not looking at what he would prefer, but what would not dissolve into despotism. Many may argue that the limiting factor was speed of communication, and therefore the situation is much different today, but I believe the inherent problem with large government is that it separates the legislators from the citizens to a great extent. Chances are very good that my senators will NEVER even meet me. I'm not saying we need to shoot pool every Friday night, but there should at least be a chance that we might encounter each other.

Is despotism inevitable, and why or why not?

No, but darn close. There are those that will struggle endlessly for it. I happen to be of the opinion that it will take something big (near revolution or major economic depression) to bring about a return to the love of liberty. Unfortunately, in the two biggest examples we have seen so far we have moved in exactly the wrong direction.

23 posted on 02/01/2010 10:35:11 AM PST by Darth Reardon (Im running for the US Senate for a simple reason, I want to win a Nobel Peace Prize - Rubio)
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To: r-q-tek86; Loud Mime
The justification I hear from my friends on the Left is, "But it's for a good cause!" That is because the initial point for my friend is government-as-provider, not the Constitution.

Mr. Bryan's artillery barrage hit a target there.

24 posted on 02/01/2010 10:36:37 AM PST by Publius
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To: Darth Reardon
From the 1776 constitution of Pennsylvania:

No man shall sit in congress longer than two years successively, nor be capable of reelection for three Years afterwards: and no person who holds any office in the gift of the congress shall hereafter be elected to represent this commonwealth in congress.

Pennsylvania enacted term limits for its congressmen in its constitution. That is what Bryan is referring to.

...but I believe the inherent problem with large government is that it separates the legislators from the citizens to a great extent.

This is a critical point. Were we to adhere to the rule of 30,000, then we would have 10,000 congressmen in the House today. This is why I've begun to think that we should maintain the House of Repesentatives on the Internet and actually have those 10,000 congresscrittters. They would never leave home, would be available to their constituents 24/7, and would work via secure server. Bribing that many congressmen would be much more difficult than bribing 435.

Technically, your senator should be reporting to your state legislature, and you shouldn't need to see him.

I happen to be of the opinion that it will take something big (near revolution or major economic depression) to bring about a return to the love of liberty.

A collapse of the economy and the currency might suffice, with the forced return to a hard currency of some kind, perhaps gold, silver, oil, or a basket of commodities. Whatever it is would require that people no longer look to goverment to provide their daily bread.

The citizens of the Soviet Union faced that challenge when their nation collapsed. An entire generation had been brought up under Brezhnev, relying on the government to provide everything. Once the system disappeared, they had to survive by learning new skills. Today there is more economic freedom in Russia than the US, but the Russians still don't have the rule of law.

25 posted on 02/01/2010 10:52:43 AM PST by Publius
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To: Publius
My list of verses largely comports with yours and I look forward to further discussion of these.

My impression of Mr. Bryan is that he, very strongly, embodies what was communicated by the quote below.

“It is necessary for every American, with becoming energy to endeavor to stop the dissemination of principles evidently destructive of the cause for which they have bled. It must be the combined virtue of the rulers and of the people to do this, and to rescue and save their civil and religious rights from the outstretched arm of tyranny, which may appear under any mode or form of government.”

Mercy Warren, History of the Rise, Progress, and Termination of the American Revolution, 1805

26 posted on 02/01/2010 11:05:59 AM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: Publius

Thanks. I really found this to be interesting. I am especially struck by the notations with respect to general welfare, and the necessity of virtue needed for a Republican form of Government.


27 posted on 02/01/2010 11:21:55 AM PST by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: Darth Reardon
Chances are very good that my senators will NEVER even meet me.

With all due respect, that would be your fault... and you have your subject backward... it should be YOU that meets your senator.

Gaining an audience with my representative, the representative that covers the district where my office is located, my state representatives and state senator has been suprizingly easy. Getting an audience with one of the U.S. Senators has been more difficult, but not impossible. Knowing their staff is perhaps more important and much easier to accomplish.

BTW, I do like that I run into my representative (Joe Barton) at the Kroger or elsewhere in the neighborhood about once a quarter. I always make a point of saying hello and reminding him where he has met me in the past. I realize he probably doesn't care, but I like to think that when I do meet him in his office that at least my face is familier...(sans bag, of course)

28 posted on 02/01/2010 11:28:51 AM PST by r-q-tek86 (It isn't settled because it isn't science)
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To: Publius
Wow! That's quite an opening salvo! A good choice of essay with which to begin the study.

But Bryan grates on the modern ear with his statement that a successful republic would also require that property be fairly equally distributed. How would Bryan see today’s America with its disparities of wealth, some created by merit and others by government?

I read Bryan as saying, not that property ought to be RE-distributed, but merely that a fairly equal distribution of property is a necessary precondition for free government to flourish. In other words, upon seeing vast disparities of property in a nation, he would not be optimistic that a republic could thrive there.

Does this justify the abridgment of property rights? Well, "yes" in certain circumstance; but "no" in most. In ours, I think not, since the acquisition of property is a freedom open to all citizens. (The moneyed powers in America certainly seem to have influenced the laws in their favor, however; so that "no" may in time be changed to a "yes".)

Property equates to a stake in the community. In this regard, the more widespread its possession, the better. (I'm reminded of the Chesterton-Belloc idea of "distributism", based philosophically on the Israelitish distribution of land in Canaan.) Unfortunately, our recent experiment with property gifts (i.e. unwarranted mortgages) was an abysmal failure, and reminds us that some people are rather limited in what they can contribute to our nation, and as such ought to be excluded from our political affairs. As has been well-noted, there are, after all, limits to democracy.

If virtue and a wide distribution of property are conditions essential to a free republic, then free republics depend entirely on the people, since virtue cannot be coerced, and confiscation of property in the name of "freedom" is an oxymoron. A form of government can aid or hinder us, of course; but our freedom depends ultimately upon us.
29 posted on 02/01/2010 11:37:29 AM PST by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: LearsFool
The America that existed in 1787 had not yet seen much in the way of industrialization. Of all the Framers, only Hamilton saw what was coming, and he eagerly embraced that future in the "Report on Manufactures" he sent to President Washington when he served at Treasury. That future led to disparities in wealh of such degree that President Jackson warned in 1836 that corporations were a threat to the Republic and needed strict regulation by the states.

At Bryan's time, wealth came from the land. The large landowners of New York probably constituted his idea of a great disparity of wealth. The patroon families of that state held a huge amount of the land and had armies of tenant farmers to run them. Lacking land of their own, these tenant farmers were not permitted to vote. There were few smallholdings in the Hudson Valley.

I suspect this is what Bryan had in mind when he wrote that sentence.

30 posted on 02/01/2010 12:03:08 PM PST by Publius
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To: Publius

“25 Mr. Adams’ sine qua non of a good government is three balancing powers whose repelling qualities are to produce an equilibrium of interests and thereby promote the happiness of the whole community.

26 He asserts that the administrators of every government will ever be actuated by views of private interest and ambition to the prejudice of the public good; that therefore the only effectual method to secure the rights of the people and promote their welfare is to create an opposition of interests between the members of two distinct bodies in the exercise of the powers of government and balanced by those of a third.

27 This hypothesis supposes human wisdom competent to the task of instituting three coequal orders in government and a corresponding weight in the community to enable them respectively to exercise their several parts, and whose views and interests should be so distinct as to prevent a coalition of any two of them for the destruction of the third.

28 Mr. Adams, although he has traced the constitution of every form of government that ever existed, as far as history affords materials, has not been able to adduce a single instance of such a government; he indeed says that the British Constitution is such in theory, but this is rather a confirmation that his principles are chimerical and not to be reduced to practice.

29 If such an organization of power were practicable, how long would it continue?

30 Not a day, for there is so great a disparity in the talents, wisdom and industry of mankind that the scale would presently preponderate to one or the other body, and with every accession of power the means of further increase would be greatly extended.”

That is a very insightful statement on the part of Mr. Bryan and one which has been proven true as a practical matter.


31 posted on 02/01/2010 12:08:50 PM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: r-q-tek86

Yeah, I wasn’t trying to say that I can’t meet with them if I try. I was trying to show how disconnected we are. I probably should have said something like ‘a legislator who sees most of his constituency in church every Sunday is going to be a lot more “fearful”...’


32 posted on 02/01/2010 12:18:41 PM PST by Darth Reardon (Im running for the US Senate for a simple reason, I want to win a Nobel Peace Prize - Rubio)
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To: r-q-tek86
Madison's speech on the Cod Fisheries Bounties brought up similar points. I've posted this snip before, but find it valuable.

"If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every State, county, and parish, and pay them out of the public Treasury; they may take into their own hands the education of children establishing in like manner schools throughout the Union; they may undertake the regulation of all roads, other than post roads. In short, everything, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called if Congress pleased provisions for the general welfare."

33 posted on 02/01/2010 12:51:53 PM PST by Loud Mime (Liberalism is a Socialist Disease)
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To: Loud Mime
In a tyrannical ruling, Scotus overturned almost 300 years of common, American interpretation of the "provide for the common defense and general welfare" clause. The case was Helvering v. Davis (1937) which rationalized Social Security and turned the notions of enumerated powers and the 10th Amendment on their heads. Congress itself was to monitor what passed for enumerated powers.

I am not aware of a single law since that was overturned because it exceeded enumerated powers. It will be something of a miracle if any of Hussein's assaults on our Supreme Law are found unconstitutional.

34 posted on 02/01/2010 1:36:12 PM PST by Jacquerie (Support and Defend our Beloved Constitution.)
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To: Publius
Ironically it is a side note – a rather amusing one – that Bryan does not think that one representative per 30,000 inhabitants is sufficient, but his reasons are sound, being based on the capacity of communications in those days. One would love to see the look on his face were he told that a similar policy in the current United States would imply a House of some 10,000 members.

Perhaps his objection is not so much based in the limitations of communication of his day, as on a fundamental problem inherent in centralized government: If freedom is best preserved by self-government, then any process which leads to "more being governed by fewer" has the undesirable effect of eroding freedom.

Americans are still debating the proper balance between the ability of local government to apprehend local issues in detail and the economies of scale of a national government.

And doesn't this get to the very heart of self-government? Don't these "economies of scale of national government" merely remove from us the ability to govern ourselves? And doesn't the removal of that ability erode our freedom?

If each congressman speaks for 30,000 (and more!) constituents, how well will he speak for them? For which ones will he speak loudest? What will his speech be aimed at accomplishing? (cf. 56-60)

A single representative per every 500 people is possible - it's just not possible on a national scale. But then again, how much needs to be decided on a national scale anyway? Local public school policies? National security? Local seatbelt requirements? The coining of a national currency? Local highway speed limits? National foreign policy?

Were local concerns left in local hands, freedom would flourish - or at least flourish where it is prized, and fall into decay where it is not. That, again, is the purview of self-government.

A handful of "representatives" making rules for a vast nation of people is destructive to self-government and erosive to freedom. As Bryan says in 58:

"It would not be difficult to prove that any thing short of despotism could not bind so great a country under one government, and that whatever plan you might at the first setting out establish, it would issue in a despotism."

Prophetic, eh?
35 posted on 02/01/2010 1:37:12 PM PST by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: Publius
•In Verses 16 and 17, Bryan doesn’t believe that a man’s opinion should be trusted just because of his abilities. / Hamilton was no doubt horrified by Bryan’s statement, but even Jefferson would have had his doubts. Is there room for elites in American governance, and why or why not?

The word junto is used (Verse 74 "would either become the head of the aristocratic junto in that body or its minion") and refers to an exclusive club started by Benjamin Franklin in Philadelphia around 1727.All members lived in Philadelphia and came from diverse areas of interest and business.

Given that the Authors Father was a political figure who enjoyed support from the rural areas of Pennsylvania and more of a contemporary of Benjamin Franklin than the Author himself, the seemingly casual insertion of the word may indicate a negative view of the original Pennsylvania Good Old Boys Club?

A good source of information about the Father of the Author of discussion may be found here . There was speculation that the Father was Centinel but was later found not to be. I'm sure that the influence and reputation of his Father was great and gave great weight to his arguments.

There had been much contention between the rural/frontier areas of Pennsylvania and the urban/Philadelphia powers. Unlike today, those in power had a real fear that an angry mounted mob would take time out of their pioneering endeavors to 'run the rascals out' and in fact it had happened previously. Samuel Bryan must have been aware of the disdain the phrase 'aristocratic junto' would evoke in those outside of Philadelphia.

As to the question 'Is there room for elites in American governance' I contend that, yes, there is room for elites. Any other response would point to an elitism itself.

36 posted on 02/01/2010 3:41:01 PM PST by whodathunkit (Obama will be remembered as our most whimsical President)
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To: greeneyes
I was not so surprised at seeing the reference to ‘virtue’ in government. I had read similar expressions from reading the 5,000 Year Leap in that the founders placed great value on not just virtuous leaders for government, but in the people themselves. This is indeed one area that we have strayed very, very far from. The vacuum left has created the “in” for all sorts of mischief by the government.
37 posted on 02/01/2010 4:26:17 PM PST by EBH (The warning bell of Freedom is ringing, can you not hear it?)
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To: EBH
The vacuum left has created the "in" for all sorts of mischief by the government.

Not least of which is that, when social problems arise from our lack of virtue, we cry out to government to fix them for us - which government is more than happy to do, in exchange for more power.

(Not to hijack this discussion, but Hillsdale College's "Constitution Town Hall" last Saturday was quite enlightening on this very subject - particularly when one fellow, during the Q&A, advocated legalization of narcotics. Here's the archive, for anyone interested.)
38 posted on 02/01/2010 4:35:39 PM PST by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: LearsFool

Ok....you are guilty of redirecting me to Mark Steyn, Live Free or Die lecture. LOL.


39 posted on 02/01/2010 5:33:49 PM PST by EBH (The warning bell of Freedom is ringing, can you not hear it?)
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To: Jacquerie
In a tyrannical ruling, Scotus overturned almost 300 years of common, American interpretation of the "provide for the common defense and general welfare" clause.

In 1995, a book was published that explained why FDR was able to get his way with the Court even before he managed to put his own people on it, and the key was the Gold Clauses case.

In 1937, Roosevelt had heard through the grapevine that the Court was going to clobber him in a 5-4 vote over the Gold Clauses, and a defeat there would have undone the 1933 gold confiscation and probably the New Deal itself. FDR quietly passed word to the Federal Marshals Service that soon he might give an order to not enforce an edict of the Court. He made sure that Chief Justice Hughes got word of what was about to happen to him and the Court.

Under normal circumstances, this would have been an impeachable offense. But Roosevelt had just won re-election in a landslide, and his party was in absolute control of Congress. No one was going to impeach FDR over refusing to enforce an order of the Supreme Court.

Like Roosevelt, Hughes had once been the governor of New York, and he was an intelligent political animal. He knew that if push came to shove, Roosevelt would revive his previously defeated court-packing plan, and this time he would win. FDR had within his grasp the means to destroy the Supreme Court as an institution, and he knew that Congress would be on his side, perhaps even the people.

Hughes switched his vote, and Roosevelt won the Gold Clauses case by 5-4. During the remainder of 1937, and before he got enough of his people on the Court, Roosevelt bullied the Court, getting the decisions he needed to create his new paradigm of the federal government in every aspect of life, the foundation of the New Deal. And he did it with a secret threat.

40 posted on 02/01/2010 5:52:33 PM PST by Publius
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