Back to the Future

I'll tip my cap to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around
Pick up my guitar and play
Just like yesterday
And I'll get on my knees and pray
We don't get fooled again
--The Who

Over the past couple of years I've probably read the Constitution a hundred times. I'm struck by its bias towards strong central government, and the 'loopholes' (see, for example, article 1, section 8) that enable government to amass additional power. The tone of this document seems inconsistent with the spirit of liberty that motivated the Revolution and this nation's founding.

It made me wonder about the historical context of the Constitution's framing and ratification. In particular, did any folks back then share my sense of concern over the contents of our country's most important structural document? Turns out the answer is 'yes.'

The 'Anti-Federalists' comprised a sizeable group of Americans who argued against the Constitution in its existing form. Ohio State professor Saul Cornell (1999) identifies nine issues that appeared time and time again in Anti-Federalist writings:

1) Consolidation. The Constitution abolishes the federal character of the union and creates a single national government acting directly on the people. Since governments capable of sustaining liberty are possible only in small state-centric republics, broad-based consolidated government undermines liberty.

2) Aristocracy. Absent appropriate checks such as annual elections, term limits, state-controlled elections, and adequate separation of powers, the Constitution promotes the development of an artistocracy that will cease to be accountable to the people. Over time, corruption is inevitable.

3) Representation. The Constitution fails to provide for adequate representation of the people in the popular branch of government; the senate is too far removed from the popular will.

4) Separation of powers. With notable examples covering treaties, appointments, and impeachments, the Constitution blends functions of the legislative and executive branches in dangerous fashions.

5) Judicial tyranny. The Constitution creates a powerful judicial branch that threatens the integrity of state courts. Moreover, jurisdiction of national courts over matters of fact and law is too broad.

6) No bill of rights. The Constitution omits a declaration of individual rights establishing essential personal liberties.

7) Taxes. The Constitution grants extensive power to tax, which may be used to oppress the people and threaten state autonomy.

8) Standing army. The Constitution neglects to prohibit a standing national army during times of peace and threatens integrity of state militia.

9) Executive. The extensive powers of the president risk creating an elective monarchy.

Many of the Anti Fed forecasts seem quite prescient.

During my study, I've found the clarity of thought surrounding issues of government during our founding period to be quite impressive--much more substantial than the drivel that commonly reflects political discourse today.

References

Cornell, S. 1999. The other founders. Chapel Hill, NC: University of North Carolina Press.