Independent Chronicle (Boston), January 10, 1788
The original sin in America’s Constitution was how it addressed—or failed to address—the issue of slavery. There was always going to be a question of how the country would transition away from slavery as the rest of the Western world was beginning to do by restricting importation and proceeding to impose limitations on trade. An article authored by “Mark Antony” responding to one authored by “Brutus” laid out, in 1788, a vision for how the country could deal with slavery—but unaware of how long it would take for slavery to be abolished and how much would be lost in finally achieving abolition.
New York Journal, January 10, 1788
In the draft of the Constitution was a clause that permitted the federal government to “borrow money on the credit of the United States, and to raise and support armies.” The author of an article in the New York Journal, using the pseudonym Brutus (undoubtedly referring to one of Julius Caesar’s assassins, Marcus Junius Brutus), warned of the consequences flowing from that clause. Not only did it leave open the possibility of the national debt growing so large as to exceed the country’s ability to repay, it allowed an “indefinite and unlimited” power to raise armies regardless of whether the country was at war.
Portland, Maine, January 8, 1788
When drafting any written constitution or even any law, there is a question of whether every right should be explicitly laid out in the document. Where there are express rights in a constitution—such as the right to freedom of speech—a reader (including judges) may conclude that the list of rights are exhaustive and that there are no rights but those mentioned in that constitution. A reader could also reason that those rights which are expressed in the constitution are not a complete list but only the most important rights and may, in fact, include other rights. Additionally, a constitution may have express prohibitions such as the United States Constitution at Article I, Section 9: “The privilege of the writ of Habeas Corpus shall not be suspended.” Questions of interpretation, such as these, led to debates between friends in the winter of 1787 and 1788, and a letter from Thomas B. Wait to George Thatcher illustrated those debates.
“The Republican” to the People
Connecticut Courant (Hartford), January 7, 1788
Throughout the history of the United States, there have been numerous instances where its citizens questioned whether the Constitution and its amendments were sufficiently protecting the liberties of the people. Those questions have led to substantial change—such as the amendments to the Constitution and laws that furthered the Constitution’s objectives, like the Civil Rights Acts—and yet, the American people’s perspective on the Constitution and the liberty it affords has often been one of disenchantment.
Luther Martin: “The Genuine Information,” IX
Maryland Gazette (Baltimore), January 29, 1788
Impeachment of a president has become a feature within the Constitution that is colored by its uses throughout history: the impeachments of Andrew Johnson, Bill Clinton, and Donald Trump and the near-impeachment of Richard Nixon. While none of the impeachment proceedings resulted in conviction—and thus removal—of a president, those proceedings illustrated how Congress would deliberate over the solemn task that the Constitution assigned it. At the time the Constitution was facing ratification, it remained unclear how Congress would actually remove a president, and one author, writing under the name Luther Martin, opined in the Maryland Gazette that Congress would never remove a president—and thus far, Martin has been correct.
Luther Martin, “The Genuine Information,” II
Maryland Gazette (Baltimore), January 1, 1788
Every form of government known to human history has been presented—on occasion—with the possibility of revolution or, perhaps euphemistically, a drastic reform of that government’s structure. While the causes may vary for a revolution or reform, the discontent that precedes it is universal: massive parts of the citizenry feel disillusioned with the government’s ability or will to act in the citizens’ best interest. It is at that point that the defects in the government are most evident, and it is at that point that citizens decide whether those defects can and should be corrected or whether fundamental change is necessary. Read more
A Cumberland County Mutual Improvement Society Addresses the Pennsylvania Minority
Carlisle Gazette, (Pennsylvania), January 2, 1788
One of the most frequent dooming political predictions that Americans—of any political persuasion—tend to make is that the end of the Republic, and therefore the end of liberty, has come. This prediction even goes back to the debate of the Constitution in 1788, which a minority in the State Convention of Pennsylvania opposed. The prediction persists because the circumstances under which a republic ends are amorphous as the Cumberland County Mutual Improvement Society’s makes clear in its address supporting the minority at the State Convention:
“The history of mankind is pregnant with frequent, bloody, and almost imperceptible transitions from freedom to slavery. Rome, after she had been long distracted by the fury of the patrician and plebeian parties, at length found herself reduced to the most abject slavery under a Nero, a Caligula, &c. The successive convulsions, which happened at Rome, were the immediate consequence of the aspiring ambition of a few great men, and the very organization and construction of the government itself.”
“Publius,” The Federalist XXII [Alexander Hamilton]
New-York Packet, December 14, 1787
A well-functioning democracy must be capable of recognizing and dealing with the friction that occurs between the minority and the majority on any given issue. As Alexander Hamilton wrote, in the Federalist XXII, the difference between a vote requiring a simple majority versus a vote requiring a two-thirds majority is one that—the latter—empowers a small, vocal minority to obtain significant power over two-thirds of the body. Furthermore, it enables foreign powers—who may be seeking to “perplex our councils and embarrass our exertions”—to sway the policymaking of our country by using that method to encourage factions to block legislation that may be harmful to that foreign power but beneficial to us. Read more
“Americanus” V [John Stevens, Jr.]
Daily Advertiser (New York, December 12, 1787
The structure of the American government, with its division into three branches and its layered arrangement from top (federal) to middle (state) to bottom (local), made it an exception in 1787 from what had been previously known. Even with the Constitution’s framework appearing to better safeguard against the country devolving into a dictatorship or monarchy, there remained the plausible theory that, despite the Constitution’s best features, it would do nothing more than slow, or mitigate, that devolution; it would be unable to prevent it. Read more
“Publius,” The Federalist XVI [Alexander Hamilton]
New-York Packet, December 4, 1787
When any union or confederacy of states or provinces decide to form a nation, it does so with its citizens knowing that members may “alarm the apprehensions, inflame the passions, and conciliate the good will even” in those states that were not “chargeable with any violation, or omission of duty” but had influence to be obtained. As Alexander Hamilton wrote in the Federalist XVI, when there are associates not found “at home, recourse would be had to the aid of foreign powers, who would seldom be disinclined to encouraging the dissentions of a confederacy, from the firm Union of which they had so much to fear.” The consequences of such an event are substantial: “When the sword is once drawn, the passions of men observe no bounds of moderation. The suggestions of wounded pride, the instigations of irritated resentment, would be apt to carry the States, against which the arms of the Union were exerted to any extremes necessary to revenge the affront, or to avoid the disgrace of submission. The first war of this kind would probably terminate in a dissolution of the Union.” Read more