Isabella Carter
The United States Constitution has been described as a bundle of compromises, with competing legal philosophies fuelling disagreements about its interpretation. The reservations of some framers were so serious that they refused to sign the document. For instance, Benjamin Franklin, in a speech delivered by James Wilson, confessed that there were parts of the Constitution that he did not approve of, but he still supported it with all its faults. Sonu Bedi, in his Constitution Day Lecture, encouraged his audience to explore the Constitution as Constitutional scientists, embracing the disagreement within the text itself.
| Characteristics | Values |
|---|---|
| Disagreement between traditional and modern republic models | Traditional or anti-federalist republic vs. modern or federalist republic |
| Disagreement in the Supreme Court | 67% of opinions in the Supreme Court's past term have been unanimous or nearly unanimous |
| Political philosophy vs. politics | Two competing policy ideas can fall under the same legal philosophy |
| Conflicting points of view | Some Framers had reservations about the Constitution, with three refusing to sign |
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What You'll Learn
Traditional vs. modern republic
The United States Constitution has been described as "a bundle of compromises", with several conflicting viewpoints among its framers. The reservations of some were so strong that they refused to sign the document.
Traditional Republic vs. Modern Republic
The traditional or anti-federalist republic model favours a state-centred arrangement of power, where limits on power are treated as rules. In contrast, the modern (federalist) republic model operates under a nation-centred arrangement of power, where standards limit power and "invite a kind of flexibility".
The traditional view holds that the limits on power are fixed and non-negotiable, with each state retaining a degree of autonomy. On the other hand, the modern view leans towards centralisation, with the understanding that power can be adapted and interpreted as needed, as long as it remains within certain broad parameters.
The disagreement between these two models of a republic is foundational to the debates around the interpretation of the Constitution as local and federal laws. For instance, two competing policy ideas, such as spending on the national military and spending on national social programs, may be favoured by different political parties but can both fall under the purview of a single legal philosophy: a modern republic.
Despite the disagreements, it is important to note that the Supreme Court and the Constitution can still reach unanimous decisions, with a traditional and modern republic sometimes arriving at "the same outcome".
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State-centred vs. nation-centred power
The US Constitution establishes a federalist system that divides power between the national government and the states. This system, known as federalism, seeks to strike a balance between creating a more powerful national government and protecting the liberties of the American people. The Constitution grants certain powers to the federal government, certain powers to the states, and certain powers are shared, known as concurrent powers.
The federal government holds powers in areas such as regulating foreign commerce, declaring war, and making and enforcing naturalization rules. The Constitution also grants Congress, the legislative branch, the power to make laws. Additionally, the federal government has implied powers that are not listed in the Constitution but are necessary to carry out its functions. The Supreme Court plays a crucial role in interpreting and defining these powers, ruling on the constitutionality of federal laws.
The states, on the other hand, have their own set of powers, including those not explicitly surrendered to the federal government, known as reserved powers. These reserved powers encompass a wide range of issues, such as inspection laws, quarantine laws, health laws, and the regulation of internal commerce within a state. The states also possess a police power, enabling them to take action to protect and promote the health, safety, morals, and general welfare of their inhabitants.
Throughout US history, there has been a constant tension between state and federal powers, with the Supreme Court playing a pivotal role in interpreting and shaping the balance of power. This dynamic federalist system, as described by political researcher Morton Grodzins, is like a "marble cake," with different parts swirling together, creating a complex interplay of state and national authority.
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Democracy as worst of all political evils
Democracy has been called the "worst form of government" by Winston Churchill, who said:
> "Democracy is the worst form of government, except for all the other methods that have been tried."
Churchill's statement is a recognition that while democracy has its flaws, it is better than the alternatives. Democracy has been criticised as being prone to corruption, demagoguery, and takeover. It has also been called "rule of ignorance" unless the public is civically educated. The term "democracy" was once synonymous with "anarchy" or "mob rule", and critics argue that it is unworkable in practice and will lead to societal collapse.
However, it is important to note that the concept of democracy has evolved over time. Today, we distinguish between "representative democracy" and "direct democracy". In the latter, as practised in ancient Athens, every voting citizen represented only himself, and his political influence was determined by his personal wealth and charisma. This form of direct democracy was criticised by Enlightenment theorists as being impractical for governing large nation-states.
The United States Constitution, for example, establishes a representative democracy with a system of checks and balances to prevent the concentration of power in any one branch of government. The Constitution outlines the powers of the judicial, executive, and legislative branches, including the authority to raise and support armies, declare war, and make rules concerning captures on land and water.
While democracy may have its flaws, it is a system that strives to give people common-sense rights and put a large number of people in charge of their own destinies. It is a form of government that, despite its imperfections, has been adopted by many nations, including constitutional republics that hold democratic elections.
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Compromise and conflicting interests
The US Constitution has been described as ""a bundle of compromises", with enough compromises that nearly every delegate could find something they disliked. The different plans for representation in the House and the Senate, and the method of selecting the president, were settled by compromise.
One of the framers, George Mason, refused to sign the document due to his serious reservations about it. Benjamin Franklin also had his doubts, confessing that there were several parts of the Constitution that he did not approve of. However, he ultimately agreed to the document, stating that he respected the judgment of others and believed a general government was necessary.
The US Constitution has been interpreted differently by different political parties, with Democrats and Republicans interpreting it in line with their own political philosophies. Sonu Bedi, a professor of law and political science, has argued that people should explore the Constitution not as a member of a political party, but as a "Constitutional scientist", embracing the disagreement fueled by competing legal philosophies within the text itself.
Bedi outlined two important models of a republic outlined in the Constitution: a traditional, state-centered republic with limits on power treated as rules; and a modern, nation-centered republic where standards limit power and "invite a kind of flexibility". He noted that despite the disagreement, a traditional and modern republic can sometimes "reach the same outcome", with 67% of opinions in the Supreme Court's past term being unanimous or nearly unanimous.
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Federalism and anti-federalism
Federalism
Federalists were nationalists who believed in a strong central government, with authority over the states. They were instrumental in shaping the new US Constitution, which they argued would strengthen the national government and, in turn, protect the union. The Federalists were largely made up of lawyers and merchants from urban areas.
Anti-Federalism
Anti-Federalists, on the other hand, opposed the creation of a stronger federal government and the ratification of the Constitution. Led by Patrick Henry of Virginia, they believed that a strong central government would threaten states' rights and individual liberties, and that the position of president might evolve into a monarchy. The Anti-Federalists wanted a more decentralised form of government, with greater protections for individual rights and stronger representation for the states. They were largely small farmers from rural areas.
The Anti-Federalists never organised efficiently across all thirteen states, and so had to fight the ratification of the Constitution at every state convention. Despite this, they successfully influenced the passage of the Bill of Rights, which guaranteed the liberties that they felt the Constitution violated.
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Frequently asked questions
The Constitution of the United States is a document that outlines the country's fundamental laws and principles. It was created in 1787 and has been amended several times since then.
There were many points of disagreement during the creation of the Constitution, including the method of selecting the president, the plans for representation in the House and the Senate, and the role of the federal government. Some delegates felt that the Constitution gave too much power to the central government, while others believed it did not go far enough.
Benjamin Franklin, George Mason, and Alexander Hamilton were all prominent figures in the Constitutional debates. Franklin, despite having reservations about certain parts of the document, ultimately urged his fellow delegates to sign it, saying, "I agree with this Constitution with all its faults, if they are such; because I think a general Government necessary for us." Hamilton expressed concern about the potential for civil war, stating that "there are two parties, one devoted to Democracy, the worst... of all political evils, the other as violent in the opposite extreme."
The Supreme Court plays a crucial role in interpreting the Constitution and applying it to modern-day cases. The Court's opinions are considered "part of the science" of the Constitution, and its justices often disagree on the interpretation of the document, with different political and legal philosophies influencing their decisions.
The Constitution has been described as "a bundle of compromises," with enough concessions made that nearly every delegate found something to disagree with. It attempts to balance the traditional republic model, which emphasizes state power and treats limits on power as rules, with the modern republic model, which centralizes power at the national level and uses standards to limit power in a more flexible way.
