
The U.S. Constitution has been interpreted in various ways regarding its stance on capitalism and individual rights. Some argue that the Constitution created a framework that served capitalist interests, including capitalist slave owners, while also allowing for social relations of production not fully subordinated to capitalism. This view suggests that the Constitution enabled market integration and protected investors, supporting the notion that capitalism is the only system that upholds individual rights and freedom. However, others critique this interpretation, emphasizing that the history of capitalism involves a revolution in social life, which goes beyond mere market relations. Additionally, some scholars argue that absolute democracy, or unlimited majority rule, is incompatible with capitalism as it may violate individual rights. This perspective highlights the need for a constitution to limit the power of the majority over the minority, ensuring the protection of individual liberties. These varying perspectives on the role of the Constitution in relation to capitalism offer insights into the complex interplay between economic systems and political ideologies.
| Characteristics | Values |
|---|---|
| Capitalism is the only system that protects individual rights and freedom | The US Constitution created the foundations of a state that would serve capitalist interests |
| The US Constitution also protected capitalist slave owners | The US Constitution provided some space for social relations of production not yet fully subordinated to the power of capitalism to coexist |
| Absolute democracy, or unlimited majority rule, is incompatible with capitalism and freedom | The US Constitution created a common market and trade policies that would support the basic continued independent existence of the country |
| The US Constitution protected the rising capitalist elite |
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What You'll Learn

The US Constitution and the protection of capitalist interests
The US Constitution has had a complex and evolving relationship with capitalist interests. While the term "capitalism" is not explicitly mentioned in the document, there are certain provisions and principles that have been interpreted to align with or protect capitalist ideals.
One central concern during the drafting of the Constitution was the potential threat posed by "democratic parts" of state constitutions. James McHenry, for instance, argued that the constitutions did not provide sufficient checks against democracy, which could potentially threaten capitalist interests. This view reflects a belief in limited democracy, where political power is defined and restricted by a constitution, safeguarding individual rights and limiting government intervention.
The US Constitution, in this context, aimed to strike a balance between economic and political power, fostering a robust middle class. This "democracy-of-opportunity" tradition, as coined by Franklin D. Roosevelt, sought to prevent the concentration of power that could undermine the Constitution's democratic foundation. It also structured economic opportunities to nurture a substantial middle class, providing a stable base for republican government.
The interpretation of the Constitution's economic implications has been a subject of debate, with scholars like Holton contributing to the discourse on "the capitalist constitution." Additionally, the historical context of American capitalist development, including the transition phase in the 1780s, has influenced how the Constitution is understood in relation to capitalism.
While some argue that capitalism inherently exploits a large portion of society for the benefit of a wealthy minority, others, like George Reisman and John Locke, defend capitalism as a system that upholds individual rights and prevents government overreach. In a capitalist nation, they argue, a constitution based on individual rights is necessary to restrain both citizens and the government.
In conclusion, the US Constitution has been interpreted and debated through the lens of capitalist interests. The document's emphasis on limited democracy, individual rights, and economic opportunities has been used to support capitalist ideals. However, the specific relationship between the Constitution and capitalism remains a subject of ongoing discussion and analysis.
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Capitalism and individual rights
Capitalism is an economic system characterized by private ownership of the means of production, with labour being paid solely in wages. It is based on the premise that each individual is the owner of their own life and has the right to live their life in any manner they choose, provided they do not violate the rights of others. This premise is derived from the belief that man's mind is competent in dealing with reality and that it is morally good for each person to strive for their own happiness. Capitalism recognizes and protects individual rights, including the right to own and transfer private property, which is fundamental to the system.
The protection of individual rights is a key insight of the Founding Fathers, which has made America freer than any other nation, according to some. In a capitalist system, the government's ability to use force is limited by a constitution based on these individual rights. This is in contrast to crimes committed by individuals, which are considered trivial in comparison to the crimes and tyrannies committed by governments when they are not limited in their power.
Laissez-faire capitalism, which is the most extreme form of capitalism, takes this idea of separation to its fullest extent, advocating for a complete separation of the economy and state, much like the separation of church and state. In this system, the marketplace operates without checks or controls, and private individuals are unrestrained in their economic decisions. However, today most countries practice a mixed capitalist system, which includes some degree of government regulation and public ownership.
While capitalism protects individual rights, it has been criticized for its potential to lead to the "tragedy of the commons," where shared public resources are over-exploited due to a lack of incentives for conservation. This problem can be addressed through privatization or collective action approaches. Additionally, some argue that capitalism subordinates the good of the individual to a "higher good," which is contrary to its nature. Despite these criticisms, capitalism remains the only system in which true freedom and liberty can exist, as it is the only system based on the recognition of human rationality and the ability to think.
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Capitalism and freedom from domination
The relationship between capitalism and freedom from domination is a complex and multifaceted topic, particularly when considering the US Constitution. On the one hand, capitalism is often associated with individual rights and freedoms, which are enshrined in the Constitution. Proponents of capitalism argue that it is the only system that truly protects individual rights and freedom, as it limits the power of the state and prevents the majority from infringing on the rights of the minority. In this sense, capitalism can be seen as a safeguard against domination by the state or the majority.
However, it is important to recognize that the historical development of American capitalism and the creation of the US Constitution were deeply intertwined with the interests of the capitalist elite, including capitalist slave owners. The Constitution created a common market and trade policies that supported the existence of a capitalist system, and it provided a framework for class domination by presenting the interests of the elite as the universal interests of all social classes. This domination was backed by military force and violence when necessary.
Furthermore, critics of capitalism argue that it is a system that exploits the majority for the benefit of a small minority of wealthy capitalists. In this view, capitalism leads to the concentration of power and wealth in the hands of a few, which can result in the domination and exploitation of the working class. This critique challenges the idea that capitalism inherently promotes freedom and individual rights for all.
To address these concerns, scholars such as Fishkin and Forbath have offered a reinterpretation of the US Constitution through an anti-oligarchy lens. They argue for a democratic politics that constrains capital and its forms of domination. By speaking about the economy in political language, they aim to confront the grim future that capitalism may bring about.
In conclusion, while capitalism is often associated with freedom and individual rights, the reality is more nuanced. The Constitution's role in shaping American capitalism has had complex effects on freedom from domination. It has provided a framework for both the protection of individual rights and the consolidation of power and wealth in the hands of a few. The ongoing debate surrounding capitalism and the Constitution highlights the need for a critical examination of their relationship to ensure that freedom from domination is truly upheld.
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Capitalism and the creation of a common market
Capitalism is an economic system where private individuals or businesses own capital goods, and the free market controls the production of goods and services. The essential feature of capitalism is the motive to make a profit. In a capitalist economy, capital assets such as factories, mines, and railroads can be privately owned, and labour is purchased for money wages.
The purest form of capitalism is free-market or laissez-faire capitalism, where private individuals are unrestrained. They may determine where to invest, what to produce or sell, and at what price to exchange goods and services. The market mechanism determines prices in a decentralised manner through interactions between buyers and sellers. The profit motive creates a competitive environment in which businesses compete to be the low-cost producer of a certain good to gain market share.
A common market is a market that is common to multiple nations, and it is created through trade agreements. A common market is a form of free trade area where, in addition to the free movement of goods and services, there is also free movement of capital and labour. This means that a common market is a more advanced form of economic integration than a free trade area.
The creation of a common market can be beneficial to capitalist economies as it allows for the expansion of the market and the potential for greater profits. With the free movement of capital and labour, businesses in a common market can take advantage of economies of scale and access a larger pool of resources. This can lead to mass production and the ability to market new products on a larger scale.
However, the creation of a common market can also present challenges for capitalist economies. With the free movement of labour, businesses may face increased competition for workers, which could impact wages and the cost of production. Additionally, the free movement of capital may lead to a concentration of economic power in certain regions or sectors, potentially resulting in monopolies or cartels. Governments have implemented legislation to prevent the creation of monopolies, such as the Sherman Antitrust Act passed by the United States Congress in 1890.
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Capitalism and the historical materialist perspective
Capitalism, as understood by historical materialists, is one of the modes of production that has dominated social life. Marx identified two mutually interdependent structures of humans' interaction with nature and the process of producing their subsistence: the forces of production and relations of production. The forces of production are the elements of the production process, including the means of production, the objective conditions of labour, and labour power. The relations of production are the conditions under which the productive forces exist and are fundamentally based on class relations.
Historical materialism, developed by Karl Marx and modified by his followers, focuses on the dialectics of the mode of production. Historical materialists believe that the modern proletariat are the new revolutionary class in relation to the bourgeoisie, just as the bourgeoisie was the revolutionary class in relation to the nobility under feudalism. The proletariat must seize power as the new revolutionary class in a dictatorship of the proletariat.
The history of capitalism is often understood as a history of commerce, finance, and politics. However, some scholars argue that this hollows out the history of capitalism as a revolution in social life. Capitalism as a mode of production is distinct from market relations, as markets have existed throughout history, while capitalism as a dominant mode of social life has not.
The U.S. Constitution created the foundations of a state that would serve capitalist interests, including capitalist slave owners, while also providing space for social relations of production not yet fully subordinated to capitalism to coexist. The Constitutional Convention of 1787 can be reinterpreted in the context of the long and uneven history of American capitalist development. This perspective views the interests of the elite as being presented as the universal interests of all social classes, backed by military force and violence if necessary.
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Frequently asked questions
The US Constitution created the foundations of a state that would serve capitalist interests, including capitalist slave owners, while also providing some space for social relations of production not yet fully subordinated to the power of capitalism to coexist.
The US Constitution created common markets and trade policies that would support the continued existence of the country, while also protecting the rising capitalist elite, including capitalist slave owners.
In a capitalist nation, a constitution based upon individual rights is necessary to limit the actions of citizens and the government. Under capitalism, the majority would never be able to vote to violate the rights of the minority. Individual rights would not be subject to a vote.

























