1 00:00:05,600 --> 00:00:08,719 Speaker 1: On this episode of news World, we're going to explore 2 00:00:09,320 --> 00:00:12,200 Speaker 1: what I think is one of the most amazing achievements 3 00:00:12,240 --> 00:00:17,160 Speaker 1: in human history. The Federalist Papers are actually simply a 4 00:00:17,200 --> 00:00:22,639 Speaker 1: giant pamphlet in favor of a particular outcome. Think of 5 00:00:22,680 --> 00:00:26,560 Speaker 1: them as the biggest campaign brochure ever written. What had 6 00:00:26,560 --> 00:00:31,520 Speaker 1: happened was the Articles of Confederation, which had been central 7 00:00:31,920 --> 00:00:35,360 Speaker 1: to holding the country together against Great Britain, were really 8 00:00:35,360 --> 00:00:39,480 Speaker 1: not very workable, and they gradually had lost their capacity 9 00:00:39,520 --> 00:00:42,120 Speaker 1: to get anything done. And so a group of the 10 00:00:42,200 --> 00:00:48,159 Speaker 1: key founding fathers went to Philadelphia and wrote a constitution. Now, ironically, 11 00:00:48,200 --> 00:00:52,200 Speaker 1: they wrote it in fifty five days in secret, with 12 00:00:52,240 --> 00:00:56,440 Speaker 1: no newspaper coverage, and they produced this document which is 13 00:00:56,480 --> 00:01:00,520 Speaker 1: today still a remarkable tribute to the rule of law 14 00:01:00,800 --> 00:01:15,319 Speaker 1: and the principle of freedom. Now, in that process, they 15 00:01:15,360 --> 00:01:18,440 Speaker 1: had a challenge because it had to be adopted by 16 00:01:18,440 --> 00:01:20,880 Speaker 1: the people in the United States, and this was a 17 00:01:21,040 --> 00:01:24,240 Speaker 1: very new, very different kind of concept. People were used 18 00:01:24,280 --> 00:01:27,000 Speaker 1: to kings that we used to emperors, they were used 19 00:01:27,040 --> 00:01:31,080 Speaker 1: to tribal leaders. But the idea that a free people 20 00:01:31,760 --> 00:01:35,760 Speaker 1: was now going to reorganize its government and essentially the 21 00:01:35,959 --> 00:01:39,960 Speaker 1: Constitution was a total replacement of the government which had existed. 22 00:01:40,319 --> 00:01:42,840 Speaker 1: That was really new in bold, and a lot of 23 00:01:42,840 --> 00:01:47,000 Speaker 1: people didn't understand it, were very skeptical about it and 24 00:01:47,240 --> 00:01:50,120 Speaker 1: wanted to understand what were they asking me to vote for. 25 00:01:50,840 --> 00:01:57,640 Speaker 1: And in that context, three remarkable people, Alexander Hamilton, James 26 00:01:57,720 --> 00:02:03,160 Speaker 1: Madison and John Jay decided they'd write a series of essays. Now, 27 00:02:03,640 --> 00:02:05,640 Speaker 1: this was a period when probably about a third of 28 00:02:05,680 --> 00:02:08,920 Speaker 1: the country could read, but everybody else listened to the 29 00:02:09,000 --> 00:02:12,639 Speaker 1: third that could read. So ideas actually spread pretty rapidly, 30 00:02:13,080 --> 00:02:16,720 Speaker 1: and these essays were designed to be printed by newspapers 31 00:02:17,040 --> 00:02:20,200 Speaker 1: and to show up around the country, and they originally 32 00:02:20,240 --> 00:02:24,760 Speaker 1: appeared anonymously in New York newspapers in seventeen eighty seven 33 00:02:25,000 --> 00:02:29,120 Speaker 1: and seventeen eighty eight under the pen name Publius. Now 34 00:02:29,440 --> 00:02:32,240 Speaker 1: they soon spread to the whole country. They became the 35 00:02:32,280 --> 00:02:36,440 Speaker 1: best single source, which they still are today for understanding 36 00:02:36,440 --> 00:02:39,600 Speaker 1: the Constitution, because these were people who had been intimately 37 00:02:39,639 --> 00:02:43,520 Speaker 1: involved in writing it and being inside the room, and 38 00:02:43,600 --> 00:02:46,080 Speaker 1: they knew what they were trying to accomplish. So I 39 00:02:46,120 --> 00:02:49,520 Speaker 1: thought it'd be fun to spend some time talking about 40 00:02:49,560 --> 00:02:53,400 Speaker 1: the Federalist papers. And I think, frankly they are probably 41 00:02:53,800 --> 00:02:58,160 Speaker 1: the most brilliant single set of political documents ever written, 42 00:02:58,360 --> 00:03:02,320 Speaker 1: all of it in terms porting the Constitution, which was 43 00:03:02,360 --> 00:03:07,320 Speaker 1: itself the most powerful governing document, which today still is relevant. 44 00:03:08,040 --> 00:03:10,160 Speaker 1: The most powerful nation in the world, with three hundred 45 00:03:10,160 --> 00:03:14,480 Speaker 1: and thirty million people, is operating within a constitution originally 46 00:03:14,480 --> 00:03:17,600 Speaker 1: created by a tiny country of about three million on 47 00:03:17,680 --> 00:03:21,919 Speaker 1: the eastern seaboard of the United States. The Convention itself 48 00:03:22,400 --> 00:03:27,200 Speaker 1: in Philadelphia had approved the constitution on September seventeenth, seventeen 49 00:03:27,200 --> 00:03:29,160 Speaker 1: eighty seven. And let me say, if you ever get 50 00:03:29,160 --> 00:03:32,280 Speaker 1: a chance to go to Philadelphia, it is absolutely worth 51 00:03:32,320 --> 00:03:35,440 Speaker 1: your while to go to Independence Hall, which is both 52 00:03:35,480 --> 00:03:39,240 Speaker 1: where the Declaration Independence was adopted and where the Constitution 53 00:03:39,320 --> 00:03:41,880 Speaker 1: was adopted, and just to stand there realized spect to 54 00:03:41,880 --> 00:03:45,320 Speaker 1: all how small it is, and realize, this is where 55 00:03:45,880 --> 00:03:51,000 Speaker 1: everyday human beings, rising above themselves, operating at a level 56 00:03:51,000 --> 00:03:55,760 Speaker 1: of statesmanship that is almost unimaginable. Shaped what became the 57 00:03:55,800 --> 00:03:58,880 Speaker 1: United States of America. Now, when they adopted it on 58 00:03:58,960 --> 00:04:03,600 Speaker 1: September seventeenth, seventeen eighty seven, that was just their proposal, 59 00:04:03,600 --> 00:04:05,839 Speaker 1: and in fact they were saying to the country, this 60 00:04:05,920 --> 00:04:08,520 Speaker 1: is the best we could do. We hope you'll say yes. 61 00:04:09,480 --> 00:04:14,600 Speaker 1: On September nineteenth, the Pennsylvania Packet newspaper actually published a 62 00:04:14,720 --> 00:04:18,800 Speaker 1: draft of the Constitution, and on September twenty eighth, seventeen 63 00:04:18,800 --> 00:04:24,000 Speaker 1: eighty seven, the Confederation Congress, the original governing system, voted 64 00:04:24,040 --> 00:04:27,240 Speaker 1: to send the Constitution to the states for a vote. Now, 65 00:04:27,440 --> 00:04:31,160 Speaker 1: this whole thing is revolutionary and remarkable. Here are these 66 00:04:31,200 --> 00:04:34,760 Speaker 1: people not trying to seize power for themselves. Here are 67 00:04:34,800 --> 00:04:38,160 Speaker 1: these people trying to organize power and then share it 68 00:04:38,200 --> 00:04:41,800 Speaker 1: with the American people so they get to decide. Now, 69 00:04:41,800 --> 00:04:46,160 Speaker 1: in that process, there rapidly became a debate. The federalists 70 00:04:46,160 --> 00:04:48,800 Speaker 1: were the people who believed we had to have a constitution, 71 00:04:49,240 --> 00:04:52,480 Speaker 1: we had to have a stronger central government. The anti 72 00:04:52,480 --> 00:04:56,920 Speaker 1: federalist opposed the constitution, and the anti federalists included some 73 00:04:57,000 --> 00:05:00,760 Speaker 1: of the most famous members of the American Revolution, including 74 00:05:00,800 --> 00:05:04,799 Speaker 1: Patrick Henry. The fact is, but the anti federalist didn't 75 00:05:04,800 --> 00:05:08,040 Speaker 1: believe they had rebelled against the British dictatorship to create 76 00:05:08,040 --> 00:05:12,560 Speaker 1: an American dictatorship, and they were very, very skeptical about 77 00:05:12,600 --> 00:05:17,000 Speaker 1: centering power in a national government. So both sides are 78 00:05:17,040 --> 00:05:21,800 Speaker 1: writing various articles and essays, and along comes Hamilton Jay 79 00:05:21,920 --> 00:05:25,679 Speaker 1: and Madison, and they decided to write a series of essays. 80 00:05:25,680 --> 00:05:28,000 Speaker 1: They divide up the work to give you a sense 81 00:05:28,000 --> 00:05:32,240 Speaker 1: of their depth of commitment to the traditional system. Publius 82 00:05:32,320 --> 00:05:35,240 Speaker 1: was chosen by Hamilton as the pseudonym in honor of 83 00:05:35,279 --> 00:05:40,080 Speaker 1: the Roman Publius Valerius Publicola. Now they really saw a 84 00:05:40,160 --> 00:05:43,000 Speaker 1: connection to the Roman Republic. They thought that there was 85 00:05:43,040 --> 00:05:45,839 Speaker 1: a chance here to create a stable system. They knew 86 00:05:45,880 --> 00:05:48,760 Speaker 1: that the Roman Republic had lasted for hundreds of years, 87 00:05:49,080 --> 00:05:51,960 Speaker 1: and then the empire after that lasted for a thousand years. 88 00:05:52,080 --> 00:05:55,760 Speaker 1: So it loomed behind them as proof that in fact, 89 00:05:55,800 --> 00:05:59,800 Speaker 1: you could develop systems that would last. So they tried 90 00:05:59,839 --> 00:06:02,240 Speaker 1: to figure out who could join them, But ultimately they 91 00:06:02,279 --> 00:06:05,880 Speaker 1: came down to the three men, and Hamilton was the 92 00:06:06,000 --> 00:06:10,279 Speaker 1: driving force, but Madison actually wrote an amazing number of 93 00:06:10,279 --> 00:06:14,159 Speaker 1: these essays. Hamilton wrote fifty one, Madison rote twenty nine. 94 00:06:14,279 --> 00:06:17,800 Speaker 1: Jay became ill so he only wrote about five. But 95 00:06:18,040 --> 00:06:21,839 Speaker 1: between the three of them they were creating a really 96 00:06:21,920 --> 00:06:26,760 Speaker 1: remarkable document. Now, the first goal was to have the 97 00:06:26,800 --> 00:06:31,520 Speaker 1: Federalist papers convinced New York to ratify the Constitution, and 98 00:06:32,279 --> 00:06:36,479 Speaker 1: Madison himself wrote in July twenty fourth eighteen eighteen to 99 00:06:36,600 --> 00:06:40,400 Speaker 1: James K. Paulding, quote, the immediate object of them was 100 00:06:40,400 --> 00:06:43,920 Speaker 1: to vindicate and recommend the new Constitution to the state 101 00:06:43,960 --> 00:06:47,320 Speaker 1: of New York, whose ratification of the instrument was doubtful 102 00:06:47,680 --> 00:06:50,680 Speaker 1: as well as important. And I think it's important to 103 00:06:50,720 --> 00:06:55,640 Speaker 1: understand that had New York turned it down, the Constitution 104 00:06:55,640 --> 00:06:58,920 Speaker 1: probably would have died. So they went right to one 105 00:06:58,960 --> 00:07:01,400 Speaker 1: of the key states, and a state that was a 106 00:07:01,480 --> 00:07:05,599 Speaker 1: lynch pen if you think geographically, Virginia and South was 107 00:07:05,680 --> 00:07:10,440 Speaker 1: one block. New England was another block, Pennsylvania, New Jersey, 108 00:07:10,520 --> 00:07:14,280 Speaker 1: New York, or the middle, and carrying them was central 109 00:07:14,560 --> 00:07:18,559 Speaker 1: to being able to actually have the Constitution go into effect. Now, 110 00:07:18,960 --> 00:07:21,480 Speaker 1: these guys are not writing for history. They're not writing 111 00:07:21,520 --> 00:07:27,000 Speaker 1: some theoretical abstract document. They are writing immediately in order 112 00:07:27,040 --> 00:07:30,440 Speaker 1: to try to effect a political decision. As Madison would 113 00:07:30,480 --> 00:07:34,560 Speaker 1: say in eighteen twenty, the Federalist papers quote, were written, 114 00:07:34,680 --> 00:07:37,760 Speaker 1: most of them in great haste and without any special 115 00:07:37,800 --> 00:07:40,000 Speaker 1: allotment of the different parts of the subject to the 116 00:07:40,040 --> 00:07:44,800 Speaker 1: several writers. How they published four essays a week, and again, 117 00:07:44,880 --> 00:07:47,600 Speaker 1: Madison says, quote the haste with which many of the 118 00:07:47,600 --> 00:07:50,200 Speaker 1: papers were penned in order to get through the subject 119 00:07:50,200 --> 00:07:53,200 Speaker 1: while the Constitution was before the public, and to comply 120 00:07:53,760 --> 00:07:56,240 Speaker 1: with the arrangement by which the printer was to keep 121 00:07:56,280 --> 00:07:59,440 Speaker 1: his newspaper open for four numbers every week, was such 122 00:07:59,480 --> 00:08:02,600 Speaker 1: that the formers must have borne a very different aspect 123 00:08:03,000 --> 00:08:05,680 Speaker 1: without the aid of historical and other notes which had 124 00:08:05,680 --> 00:08:08,960 Speaker 1: been used in the Convention, and without the familiarity with 125 00:08:09,000 --> 00:08:12,680 Speaker 1: the whole subject produced by the discussions. There frequently happened 126 00:08:12,920 --> 00:08:15,320 Speaker 1: that while the printer was putting into type parts of 127 00:08:15,320 --> 00:08:18,160 Speaker 1: a number, the following parts were under the pen and 128 00:08:18,240 --> 00:08:20,520 Speaker 1: to be furnished in time for the press. So these 129 00:08:20,520 --> 00:08:24,720 Speaker 1: guys are literally writing to deadline. They're not academic sitting 130 00:08:24,760 --> 00:08:28,120 Speaker 1: in some ivory castle. They're not having some leisurely approach. 131 00:08:28,480 --> 00:08:32,920 Speaker 1: They are practical politicians writing a document to persuade people 132 00:08:33,400 --> 00:08:36,960 Speaker 1: in order to make sure that people would vote yes. 133 00:08:37,720 --> 00:08:40,880 Speaker 1: Madison points out that because of the speed problem getting 134 00:08:40,880 --> 00:08:43,720 Speaker 1: it done quickly, he says, quote in the beginning, it 135 00:08:43,760 --> 00:08:47,360 Speaker 1: was the practice of the writers of Alexander Hamilton and 136 00:08:47,440 --> 00:08:50,760 Speaker 1: James Madison, particularly to communicate each to the other their 137 00:08:50,800 --> 00:08:54,839 Speaker 1: respective papers before they were sent to the press. This 138 00:08:54,960 --> 00:08:57,640 Speaker 1: was rendered so inconvenient by the shortness of the time 139 00:08:57,679 --> 00:09:01,400 Speaker 1: allowed that it was dispensed with. Another reason was that 140 00:09:01,440 --> 00:09:04,280 Speaker 1: it was found most agreeable to each not to give 141 00:09:04,280 --> 00:09:06,599 Speaker 1: a positive sanction to all the doctrines and sentiments to 142 00:09:06,640 --> 00:09:09,280 Speaker 1: the other. They're being a known difference in the general 143 00:09:09,320 --> 00:09:12,360 Speaker 1: complexions of their political theories. In otherwise, these two guys 144 00:09:12,360 --> 00:09:15,679 Speaker 1: didn't always agree. But what they were doing was there saying, 145 00:09:15,679 --> 00:09:18,720 Speaker 1: we both agree on getting a yes vote, so you 146 00:09:18,800 --> 00:09:21,440 Speaker 1: write your best case. I'll write my best case, and 147 00:09:21,520 --> 00:09:24,920 Speaker 1: we won't fight over the details. Now, at the time, 148 00:09:25,360 --> 00:09:28,960 Speaker 1: the identity of the writers was kept secret. However, in 149 00:09:29,080 --> 00:09:32,920 Speaker 1: eighteen eighteen, an addition of the collection published by Jacob 150 00:09:33,000 --> 00:09:36,040 Speaker 1: Gideon was the first to identify the authors by name. 151 00:09:36,600 --> 00:09:40,600 Speaker 1: Now there were people who insinuated that Hamilton was one 152 00:09:40,640 --> 00:09:43,480 Speaker 1: of the authors. In fact, in March or seventeen eighty 153 00:09:43,480 --> 00:09:47,120 Speaker 1: eight for the Philadelphia Freeman's Journal printer letter from Benjamin 154 00:09:47,200 --> 00:09:50,920 Speaker 1: Rush to Alexander Hamilton, where Rush called the Federalist papers 155 00:09:51,440 --> 00:09:54,839 Speaker 1: your writing. But in general they deliberately wanted to keep 156 00:09:54,840 --> 00:09:58,720 Speaker 1: their personalities out of it. Again, Hamilton's in New York. 157 00:09:59,160 --> 00:10:03,440 Speaker 1: Madison is Virginia Jays also in New York. But are 158 00:10:03,480 --> 00:10:07,960 Speaker 1: they concerned that a Virginian lecturing New Yorkers would actually 159 00:10:08,000 --> 00:10:10,840 Speaker 1: lose votes, so that's why they remained an honors. Similarly 160 00:10:11,040 --> 00:10:13,840 Speaker 1: in all the other states. They weren't sure how people 161 00:10:13,840 --> 00:10:16,600 Speaker 1: would react to these three names, and so by keeping 162 00:10:16,600 --> 00:10:19,840 Speaker 1: it anonymous, they got people to actually focus on the essays. 163 00:10:20,440 --> 00:10:24,400 Speaker 1: The result was that it was very widely circulated almost everywhere, 164 00:10:24,960 --> 00:10:28,480 Speaker 1: because people were hungry for the information and they were 165 00:10:28,559 --> 00:10:31,880 Speaker 1: hungry to try to understand what was going on. The 166 00:10:31,960 --> 00:10:37,040 Speaker 1: fact is that the essays themselves became historic almost from 167 00:10:37,040 --> 00:10:41,520 Speaker 1: the very minute that they were published. Ultimately, copies went 168 00:10:41,559 --> 00:10:45,640 Speaker 1: all over the country and people began to realize that 169 00:10:45,679 --> 00:10:49,680 Speaker 1: this was a very important document and it was clearly 170 00:10:49,720 --> 00:10:53,160 Speaker 1: the best case ever made for why we needed the Constitution, 171 00:10:53,559 --> 00:10:56,719 Speaker 1: how the Constitution would work, and why I have been 172 00:10:56,760 --> 00:10:59,319 Speaker 1: designed the way to have been designed. Some of the 173 00:10:59,400 --> 00:11:03,440 Speaker 1: key players, including George Washington, Thomas Jefferson, knew who had 174 00:11:03,480 --> 00:11:07,120 Speaker 1: written him, and the authors often sent them copies. James 175 00:11:07,120 --> 00:11:11,160 Speaker 1: Madison on November eighteen, seventeen eighty seven, sent George Washington 176 00:11:11,280 --> 00:11:15,280 Speaker 1: letter that included the first seven Federalist papers, telling Washington quote, 177 00:11:15,520 --> 00:11:18,160 Speaker 1: I will not conceal from you that I am likely 178 00:11:18,160 --> 00:11:20,280 Speaker 1: to have such a degree of connection with the publication 179 00:11:20,360 --> 00:11:24,120 Speaker 1: here as to afford a restraint of delicacy from interesting 180 00:11:24,160 --> 00:11:28,439 Speaker 1: myself directly in the republication. Elsewhere you will recognize one 181 00:11:28,440 --> 00:11:31,079 Speaker 1: of the pen's concerned in the task. There are three 182 00:11:31,120 --> 00:11:34,120 Speaker 1: in the whole. A fourth may possibly bear a part 183 00:11:34,400 --> 00:11:35,960 Speaker 1: that turned out not to be true in the end. 184 00:11:36,600 --> 00:11:40,160 Speaker 1: Madison by November was sending Washington the first twenty two 185 00:11:40,200 --> 00:11:43,480 Speaker 1: Federalist papers and asking him to get them printed in Richmond. 186 00:11:44,080 --> 00:11:47,600 Speaker 1: Washington himself, who was very supportive of it, and worked 187 00:11:47,640 --> 00:11:51,960 Speaker 1: actively to get them published in Richmond to effect Virginia, 188 00:11:52,000 --> 00:11:56,160 Speaker 1: where you had very strong anti Federalists senon, led in 189 00:11:56,240 --> 00:12:00,760 Speaker 1: particular by Patrick Henry. So Washington was active working at it. 190 00:12:00,960 --> 00:12:04,520 Speaker 1: But Washington was a distributor. He wasn't a writer. The 191 00:12:04,640 --> 00:12:08,720 Speaker 1: writers were people who didn't have the weight that Washington. 192 00:12:09,320 --> 00:12:14,000 Speaker 1: Washington endorsing something made an enormous difference, and frankly, without 193 00:12:14,080 --> 00:12:17,760 Speaker 1: Washington's help, the Constitution first would not have been written 194 00:12:17,960 --> 00:12:21,400 Speaker 1: and second would not have been adopted. So I think 195 00:12:21,400 --> 00:12:24,320 Speaker 1: that at the time people generally thought this was a 196 00:12:24,360 --> 00:12:29,000 Speaker 1: remarkable document. For example, the Norfolk and Portsmouth Journal wrote 197 00:12:29,040 --> 00:12:32,480 Speaker 1: that the Essays quote was admired for elegance of style, 198 00:12:32,600 --> 00:12:37,760 Speaker 1: persuasive expression, and also comprehensive knowledge in the intricate paths 199 00:12:37,800 --> 00:12:41,800 Speaker 1: of political science. James Kenton had seventeen eighty seven letters, 200 00:12:41,800 --> 00:12:45,199 Speaker 1: and Nathaniel Lawrence stated the papers were quote the best 201 00:12:45,240 --> 00:12:48,040 Speaker 1: things I've seen hitherto in print on the Federal side. 202 00:12:48,679 --> 00:12:51,320 Speaker 1: In four issues from March to June seventeen eighty eight, 203 00:12:51,559 --> 00:12:54,840 Speaker 1: the New York American magazine, which was edited by Noah 204 00:12:54,920 --> 00:12:59,680 Speaker 1: Webster of Webster's Dictionary Fame, summarized and reviewed the Federal's papers. 205 00:13:00,160 --> 00:13:03,480 Speaker 1: In the March issue, the reviewer stated, quote it would 206 00:13:03,480 --> 00:13:06,560 Speaker 1: be difficult to find a treatise which, in so small 207 00:13:06,559 --> 00:13:10,800 Speaker 1: a compass, contains so much valuable political information, or on 208 00:13:10,840 --> 00:13:14,120 Speaker 1: which the true principles of Republican government are unfolded with 209 00:13:14,200 --> 00:13:17,640 Speaker 1: such precision close quote. And I want to re emphasize 210 00:13:17,679 --> 00:13:20,480 Speaker 1: that this is actually if you've never read them, the 211 00:13:20,520 --> 00:13:25,840 Speaker 1: Federalist papers are astonishing. They take the Constitution apart, they 212 00:13:25,880 --> 00:13:29,600 Speaker 1: explain it, they put it in context. As one reviewer wrote, 213 00:13:29,840 --> 00:13:33,440 Speaker 1: quote these essays composed one of the most complete dissertations 214 00:13:33,440 --> 00:13:36,280 Speaker 1: in government that even has appeared in America, perhaps in 215 00:13:36,360 --> 00:13:40,000 Speaker 1: Europe close quote, and I would say to day, all 216 00:13:40,040 --> 00:13:43,320 Speaker 1: these years later, it stands the test of time, and 217 00:13:43,440 --> 00:13:47,760 Speaker 1: it is an amazing achievement that they wrote this. Washington 218 00:13:47,840 --> 00:13:51,160 Speaker 1: was pretty clear. On April twenty fifth, seventeen eighty eight, 219 00:13:51,520 --> 00:13:54,560 Speaker 1: he writes John Armstrong, an officer in the Continent Army, 220 00:13:54,640 --> 00:13:58,000 Speaker 1: quote upon the whole I doubt whether the opposition to 221 00:13:58,040 --> 00:14:01,760 Speaker 1: the Constitution will not be productive of more good than evil. 222 00:14:02,080 --> 00:14:05,839 Speaker 1: It has called forth in its defense abilities which would 223 00:14:05,840 --> 00:14:08,760 Speaker 1: not perhaps have been otherwise exerted, that have thrown new 224 00:14:08,880 --> 00:14:11,319 Speaker 1: lights upon the science of government. They have given the 225 00:14:11,400 --> 00:14:14,000 Speaker 1: rights of man a full and fair discussion, and have 226 00:14:14,080 --> 00:14:17,520 Speaker 1: explained them in so clear and forcible a manner as 227 00:14:17,559 --> 00:14:20,760 Speaker 1: cannot fail to make a lasting impression upon those who 228 00:14:20,840 --> 00:14:24,160 Speaker 1: read the best publications on the subject, and particularly the 229 00:14:24,240 --> 00:14:27,040 Speaker 1: pieces under the signature of Publius. There will be a 230 00:14:27,120 --> 00:14:29,640 Speaker 1: greater weight of abilities opposed to the system in the 231 00:14:29,680 --> 00:14:31,960 Speaker 1: Convention of the State than there has been any other. 232 00:14:32,360 --> 00:14:35,760 Speaker 1: But notwithstanding the unwearied pains which have been taken, and 233 00:14:35,880 --> 00:14:38,560 Speaker 1: the vigorous efforts which we made in the Convention to 234 00:14:38,600 --> 00:14:42,360 Speaker 1: prevent its adoption, I have not the smallest doubt. But 235 00:14:42,480 --> 00:14:46,440 Speaker 1: it will obtain here now when George Washington has no doubt. 236 00:14:46,680 --> 00:14:49,040 Speaker 1: The odds are he's counted the votes, and he knows 237 00:14:49,080 --> 00:14:52,800 Speaker 1: exactly what he's talking about. Washington himself wrote to Hamilton 238 00:14:52,800 --> 00:14:55,800 Speaker 1: and said, quote, as the perusal of the political papers 239 00:14:55,880 --> 00:14:59,320 Speaker 1: under the signature of Publius has afforded me great satisfaction, 240 00:15:00,040 --> 00:15:03,640 Speaker 1: shall certainly consider them as claiming a most distinguished place 241 00:15:03,680 --> 00:15:06,320 Speaker 1: in my library. I have read every performance which has 242 00:15:06,320 --> 00:15:08,320 Speaker 1: been printed on one side and the other of the 243 00:15:08,400 --> 00:15:11,600 Speaker 1: great question lately agitated. So far I've been able to 244 00:15:11,640 --> 00:15:15,280 Speaker 1: obtain them, and without an unmeaning compliment, I will say 245 00:15:15,560 --> 00:15:18,000 Speaker 1: that I have seen no other so well calculated, in 246 00:15:18,040 --> 00:15:22,280 Speaker 1: my judgment, to produce conviction on an unbiased mind as 247 00:15:22,320 --> 00:15:26,520 Speaker 1: the production of your triumvirate. When the transient circumstances and 248 00:15:26,720 --> 00:15:31,240 Speaker 1: fugitive performances which attended this crisis shall have disappeared, that 249 00:15:31,360 --> 00:15:34,640 Speaker 1: work will merit the notice of prosperity, because in it 250 00:15:34,880 --> 00:15:38,560 Speaker 1: are candidly discussed the principles of freedom and the topics 251 00:15:38,600 --> 00:15:42,000 Speaker 1: of government, which will be always interesting to mankind, so 252 00:15:42,040 --> 00:15:46,240 Speaker 1: long as they shall be connected in civil society. Close Now, 253 00:15:46,280 --> 00:15:50,440 Speaker 1: Washington wasn't alone. Jefferson, in many ways very critical of 254 00:15:50,480 --> 00:15:54,800 Speaker 1: the Constitution, very worried about centralized power. Nonetheless wrote to 255 00:15:54,840 --> 00:15:58,280 Speaker 1: his good friend James Madison, saying, quote, with respect to 256 00:15:58,320 --> 00:16:00,920 Speaker 1: the Federalist, the three authors have been named to me. 257 00:16:01,320 --> 00:16:04,520 Speaker 1: I read it with care, pleasure, and improvement, and was 258 00:16:04,560 --> 00:16:07,600 Speaker 1: satisfied there was nothing in it by one of those hands, 259 00:16:07,880 --> 00:16:10,200 Speaker 1: and not a great deal by a second. It does 260 00:16:10,240 --> 00:16:12,800 Speaker 1: the highest honor to the third as being, in my opinion, 261 00:16:13,200 --> 00:16:17,080 Speaker 1: the best commentary on the principles of government, which ever 262 00:16:17,320 --> 00:16:20,880 Speaker 1: was written. In some parts it is discoverable that the 263 00:16:20,920 --> 00:16:23,120 Speaker 1: author means only to say what may be best said 264 00:16:23,360 --> 00:16:26,320 Speaker 1: in defensive opinions in which he did not concur But 265 00:16:26,480 --> 00:16:31,000 Speaker 1: in general it establishes firmly the plan of government. I 266 00:16:31,040 --> 00:16:34,760 Speaker 1: confess it has rectified me in several points. Now let 267 00:16:34,800 --> 00:16:36,520 Speaker 1: me go back and pick up one line here, because 268 00:16:36,560 --> 00:16:39,600 Speaker 1: this is why I encourage everyone to actually read the 269 00:16:39,640 --> 00:16:44,880 Speaker 1: Fudderalist papers, Thomas Jefferson says, being in my opinion, the 270 00:16:44,920 --> 00:16:48,320 Speaker 1: best commentary on the principles of government, whichever was written. 271 00:16:48,960 --> 00:16:51,560 Speaker 1: So when people get to talking about the nature of America, 272 00:16:51,600 --> 00:16:54,680 Speaker 1: the rule of law, the structure of the constitution, this 273 00:16:54,840 --> 00:16:57,480 Speaker 1: is the source document. This is the place you should 274 00:16:57,520 --> 00:17:02,600 Speaker 1: go to about any question. Involving the Institution. In sevent 275 00:17:02,640 --> 00:17:06,840 Speaker 1: eighty nine, WILLIAMS. Shipp And Junior, who originally opposed the constitution, 276 00:17:07,280 --> 00:17:11,399 Speaker 1: wrote Washington, quote, the Federalists and the reflections which he 277 00:17:11,440 --> 00:17:14,679 Speaker 1: has excited have made me an enthusiast in favor of 278 00:17:14,680 --> 00:17:18,160 Speaker 1: our new constitution. And this was happening all over the country. 279 00:17:18,680 --> 00:17:21,919 Speaker 1: People were, in fact saying, you know, this convincing me 280 00:17:22,440 --> 00:17:25,280 Speaker 1: that this Constitution is the right thing to do, and 281 00:17:25,320 --> 00:17:28,639 Speaker 1: whatever my qualms have been, I now believe that we 282 00:17:28,680 --> 00:17:31,720 Speaker 1: have to do it. And the result was, in state 283 00:17:31,760 --> 00:17:35,199 Speaker 1: after state you began to have a real effort in 284 00:17:35,320 --> 00:17:40,040 Speaker 1: terms of convincing people to vote yes. This was not automatic. 285 00:17:40,080 --> 00:17:45,320 Speaker 1: There was a very real possibility that the Constitution could 286 00:17:45,359 --> 00:17:49,000 Speaker 1: have been defeated if any state had turned it down, 287 00:17:49,040 --> 00:17:55,399 Speaker 1: particularly any of the big states, if Massachusetts, New York, Pennsylvania, Virginia, 288 00:17:55,640 --> 00:17:58,040 Speaker 1: if any of those had turned it down, it would 289 00:17:58,080 --> 00:18:00,400 Speaker 1: have died and we would not have had the States 290 00:18:00,440 --> 00:18:03,800 Speaker 1: of America. That is how big a deal it is 291 00:18:04,119 --> 00:18:06,840 Speaker 1: to look at the whole role that the Federalist papers 292 00:18:06,840 --> 00:18:11,120 Speaker 1: had in designing and communicating where we are and where 293 00:18:11,119 --> 00:18:31,240 Speaker 1: we're going. The key then is to actually look at 294 00:18:31,440 --> 00:18:33,240 Speaker 1: what were they writing and what were they saying? Why 295 00:18:33,359 --> 00:18:36,800 Speaker 1: was it so successful? And I think that part of 296 00:18:36,800 --> 00:18:42,200 Speaker 1: it is that this continuous use of logic in these 297 00:18:42,320 --> 00:18:48,760 Speaker 1: essays that really walk you through where the country has 298 00:18:48,840 --> 00:18:52,200 Speaker 1: to go, walk you through how they've balanced everything else, 299 00:18:52,359 --> 00:18:55,879 Speaker 1: they're really explaining to the whole country fifty five days 300 00:18:55,920 --> 00:18:59,840 Speaker 1: of continuous debate and dialogue in Philadelphia. But beyond that, 301 00:19:00,480 --> 00:19:04,400 Speaker 1: all these folks have been involved in writing state constitutions 302 00:19:04,480 --> 00:19:08,040 Speaker 1: because when they rebelled against Great Britain and they ceased 303 00:19:08,080 --> 00:19:11,400 Speaker 1: to be colonies, they had to find mechanisms of government, 304 00:19:11,680 --> 00:19:14,359 Speaker 1: and so all of them had had great experience. Some 305 00:19:14,440 --> 00:19:18,240 Speaker 1: states had had several constitutions as the turmoil of not 306 00:19:18,359 --> 00:19:20,480 Speaker 1: quite getting it right and then having to redo it. 307 00:19:20,760 --> 00:19:24,920 Speaker 1: And the result is these were very thoughtful people who 308 00:19:24,920 --> 00:19:27,479 Speaker 1: had done a great deal of historical reading, who had 309 00:19:27,520 --> 00:19:31,040 Speaker 1: a pretty deep sense of the principles of self government, 310 00:19:31,320 --> 00:19:36,640 Speaker 1: and who had reasoned out a specific document. Now it fascinating. 311 00:19:37,000 --> 00:19:39,600 Speaker 1: One of the great twists of this whole story is 312 00:19:39,640 --> 00:19:43,120 Speaker 1: that the Federalists did not want to have a Bill 313 00:19:43,160 --> 00:19:46,840 Speaker 1: of rights, and their reasoning was that the minute you 314 00:19:46,880 --> 00:19:50,520 Speaker 1: start defining a specific right, does that mean everything else 315 00:19:50,640 --> 00:19:53,960 Speaker 1: is not a right. They said, Look, the Constitution exists, 316 00:19:54,280 --> 00:19:56,679 Speaker 1: it needs to be enforced, but it does not need 317 00:19:56,720 --> 00:19:58,879 Speaker 1: a bill of rights, and if anything, a bill of 318 00:19:59,000 --> 00:20:02,040 Speaker 1: rights may actually end up a bill of limitations. On 319 00:20:02,040 --> 00:20:05,359 Speaker 1: the other hand, what you had from the anti federalist 320 00:20:05,840 --> 00:20:10,160 Speaker 1: was a deep concern that government at the center would 321 00:20:10,160 --> 00:20:12,080 Speaker 1: be too strong, something which we have lived through in 322 00:20:12,080 --> 00:20:15,080 Speaker 1: our own lifetime, the sense that the federal government takes 323 00:20:15,080 --> 00:20:19,040 Speaker 1: over everything. And so what you had was the anti 324 00:20:19,040 --> 00:20:24,199 Speaker 1: federalist both concerned in general about a central government, but 325 00:20:24,359 --> 00:20:29,679 Speaker 1: in concern in particular about the dangers of dictatorship. Again, 326 00:20:29,720 --> 00:20:32,280 Speaker 1: it's important to remember this is several hundred years ago 327 00:20:32,800 --> 00:20:38,080 Speaker 1: in their time, the memory of Cromwell creating a dictatorship 328 00:20:38,080 --> 00:20:39,960 Speaker 1: in Great Britain at the end of the English Civil 329 00:20:40,000 --> 00:20:43,720 Speaker 1: War was very vivid and very real, and they were 330 00:20:43,800 --> 00:20:46,480 Speaker 1: really frightened. In fact, there was a faction that worried 331 00:20:46,520 --> 00:20:49,000 Speaker 1: about Washington and whether or not he would become a 332 00:20:49,000 --> 00:20:53,679 Speaker 1: dictator in the Cromwell tradition. So there was a legitimate, 333 00:20:53,800 --> 00:20:56,800 Speaker 1: deep sense of if we give too much power to government, 334 00:20:57,000 --> 00:21:01,840 Speaker 1: will government then control us. Madison writes wit eloquently about 335 00:21:02,040 --> 00:21:05,000 Speaker 1: how if men were angels, we wouldn't need this. But 336 00:21:05,080 --> 00:21:06,879 Speaker 1: since men are angels, how are we going to control 337 00:21:06,920 --> 00:21:09,920 Speaker 1: the very people to whom we're learning power. And that's 338 00:21:09,920 --> 00:21:15,480 Speaker 1: what they're working on. And while the federalists don't want 339 00:21:15,480 --> 00:21:19,199 Speaker 1: to have a bill of rights, in the end, Jefferson 340 00:21:19,280 --> 00:21:22,000 Speaker 1: makes it very clear that without a bill of rights 341 00:21:22,000 --> 00:21:25,440 Speaker 1: he'd have a hard time supporting the Constitution. And Madison 342 00:21:25,480 --> 00:21:27,800 Speaker 1: basically says, all right, I really don't like it. I 343 00:21:27,880 --> 00:21:30,160 Speaker 1: really don't want to do it, but if it will 344 00:21:30,200 --> 00:21:33,080 Speaker 1: get you to support the Constitution, we'll figure out how 345 00:21:33,119 --> 00:21:35,760 Speaker 1: to write a bill of rights. That is a key 346 00:21:35,880 --> 00:21:39,360 Speaker 1: turning point. They weren't just arguing do it our way 347 00:21:39,440 --> 00:21:41,600 Speaker 1: or else. They're saying, okay, in order to get you 348 00:21:41,680 --> 00:21:44,440 Speaker 1: to do it our way, what do we have to modify? 349 00:21:45,320 --> 00:21:48,040 Speaker 1: Part of it was a question which would evolve over 350 00:21:48,080 --> 00:21:51,000 Speaker 1: the following hundred years. The federalists argued you could have 351 00:21:51,040 --> 00:21:54,920 Speaker 1: a state government and a federal government that coexisted as equals. 352 00:21:55,440 --> 00:21:58,760 Speaker 1: The ni federalists feared that the Constitution would create a 353 00:21:58,800 --> 00:22:03,040 Speaker 1: central government that would ultimately overwhelm the states, and of 354 00:22:03,080 --> 00:22:06,160 Speaker 1: course this reached a culminating debate in the Civil War, 355 00:22:06,680 --> 00:22:08,920 Speaker 1: where a group of states said we have the right 356 00:22:09,000 --> 00:22:12,359 Speaker 1: to secede, and the larger system said no, you don't, 357 00:22:12,680 --> 00:22:16,720 Speaker 1: and fought a difficult, bitter war proving that you could 358 00:22:16,720 --> 00:22:20,360 Speaker 1: not in fact secede. And today it's generally accepted that 359 00:22:20,400 --> 00:22:23,320 Speaker 1: the federal government has power over the states, but it's 360 00:22:23,359 --> 00:22:27,320 Speaker 1: also generally accepted that that power is limited. It's really 361 00:22:27,359 --> 00:22:33,520 Speaker 1: important to recognize that the federalists were also frightened about 362 00:22:33,720 --> 00:22:38,639 Speaker 1: power at the center. Nobody in that era thought that 363 00:22:38,760 --> 00:22:40,800 Speaker 1: you could have a government as powerful as the current 364 00:22:40,800 --> 00:22:43,680 Speaker 1: government is. They all thought it would lead inevitably to 365 00:22:43,800 --> 00:22:47,239 Speaker 1: tyranny and just would never occur to them, and they 366 00:22:47,280 --> 00:22:51,000 Speaker 1: all had rebelled against a British tyranny. Now at the 367 00:22:51,080 --> 00:22:54,680 Speaker 1: same time, there was a deep sense that you had 368 00:22:54,760 --> 00:22:58,080 Speaker 1: to somehow come together. This was partly for economic reasons 369 00:22:58,240 --> 00:23:02,520 Speaker 1: that thirteen separate into and a little states couldn't economically 370 00:23:02,560 --> 00:23:05,920 Speaker 1: generate big enough markets. It was partially because of their 371 00:23:05,960 --> 00:23:10,359 Speaker 1: experience of the British, the Dutch, the Spanish, and the French, 372 00:23:10,720 --> 00:23:16,080 Speaker 1: and the belief that if we remain just thirteen isolated states, 373 00:23:16,080 --> 00:23:19,040 Speaker 1: that the Europeans would come in and play each state 374 00:23:19,040 --> 00:23:23,840 Speaker 1: off against each other and ultimately would reacquire control of America. 375 00:23:24,000 --> 00:23:26,600 Speaker 1: So in order for America to be safe and free, 376 00:23:27,040 --> 00:23:29,320 Speaker 1: they have to have a central government. On the other hand, 377 00:23:29,400 --> 00:23:32,200 Speaker 1: in order to ensure that you are safe and free, 378 00:23:32,440 --> 00:23:36,399 Speaker 1: that government has to be limited. The case for having 379 00:23:36,520 --> 00:23:40,280 Speaker 1: some kind of unified national system really is made in 380 00:23:40,359 --> 00:23:44,800 Speaker 1: part by John Jay in Federalist number two. Jay writes, quote, 381 00:23:45,320 --> 00:23:47,440 Speaker 1: it is worthy of remark that not only the First 382 00:23:47,520 --> 00:23:50,840 Speaker 1: but every succeeding Congress, as well as the Lake Convention, 383 00:23:51,200 --> 00:23:54,040 Speaker 1: have invariably joined with the people in thinking that the 384 00:23:54,080 --> 00:23:58,360 Speaker 1: prosperity of America depended on the Union to preserve and perpetuate. 385 00:23:58,400 --> 00:24:01,200 Speaker 1: It was the great object to the people informing that Convention, 386 00:24:01,520 --> 00:24:03,359 Speaker 1: and it is also the great object of the plan 387 00:24:03,680 --> 00:24:06,560 Speaker 1: which the Convention has advised them to adopt. With what 388 00:24:06,680 --> 00:24:10,359 Speaker 1: propriety therefore, or for what good purposes are attempts at 389 00:24:10,400 --> 00:24:14,040 Speaker 1: this particular period made by some men to depreciate the 390 00:24:14,080 --> 00:24:17,600 Speaker 1: importance of the Union, or why as it suggested that 391 00:24:17,680 --> 00:24:20,560 Speaker 1: three or four confederacies would be better than one. I 392 00:24:20,640 --> 00:24:23,000 Speaker 1: am persuaded in my own mind that the people have 393 00:24:23,119 --> 00:24:26,560 Speaker 1: always thought right on this subject, and that their universal 394 00:24:26,600 --> 00:24:29,439 Speaker 1: and uniform attachment to the cause of the Union rests 395 00:24:29,480 --> 00:24:32,760 Speaker 1: on great and weighty reasons, which I shall endeavor to 396 00:24:32,760 --> 00:24:36,880 Speaker 1: develop and explain in some ensuing papers. They who promote 397 00:24:36,880 --> 00:24:40,919 Speaker 1: the idea of substituting a number of distinct confederacies in 398 00:24:40,960 --> 00:24:43,560 Speaker 1: the room of the plan of the Convention seem clearly 399 00:24:43,600 --> 00:24:46,320 Speaker 1: to foresee that the rejection of it would put the 400 00:24:46,359 --> 00:24:49,760 Speaker 1: continuance of the Union in the utmost jeopardy. That certainly 401 00:24:49,760 --> 00:24:52,639 Speaker 1: would be the case, and I sincerely wish that it 402 00:24:52,680 --> 00:24:55,800 Speaker 1: may be clearly foreseen by every good citizen that whenever 403 00:24:55,840 --> 00:24:59,199 Speaker 1: the dissolution of the Union arrives, America will have a 404 00:24:59,240 --> 00:25:02,040 Speaker 1: reason to exclude aim. In the words of the poet Farewell, 405 00:25:02,480 --> 00:25:07,960 Speaker 1: A long farewell to all my greatness. Madison piles on 406 00:25:08,320 --> 00:25:11,480 Speaker 1: in defense of the idea of a union and federalist 407 00:25:11,560 --> 00:25:15,120 Speaker 1: number ten when he writes, quote, among the numerous advantages 408 00:25:15,160 --> 00:25:18,600 Speaker 1: promised by a well constructed union, none deserves to be 409 00:25:18,640 --> 00:25:21,760 Speaker 1: more accurately developed than his tendency to break and control 410 00:25:21,800 --> 00:25:25,600 Speaker 1: the violence of faction. The friend of popular governments never 411 00:25:25,640 --> 00:25:28,240 Speaker 1: finds himself so much alarmed for their character and fate 412 00:25:28,520 --> 00:25:32,160 Speaker 1: as when he contemplates their propensity to this dangerous vice. 413 00:25:33,040 --> 00:25:35,280 Speaker 1: Let me point out that when he talks about this 414 00:25:35,400 --> 00:25:40,640 Speaker 1: dangerous vice. He's talking about the violence of faction. They 415 00:25:40,680 --> 00:25:44,800 Speaker 1: were very concerned about the rise of political parties that 416 00:25:44,920 --> 00:25:48,560 Speaker 1: would somehow separate us from each other and cause us 417 00:25:48,560 --> 00:25:51,240 Speaker 1: to be fighting. But to go on, Madison writes, he 418 00:25:51,320 --> 00:25:54,080 Speaker 1: will not fail, therefore, to set a due value in 419 00:25:54,200 --> 00:25:57,359 Speaker 1: any plan which, without violating the principles to which he 420 00:25:57,400 --> 00:26:01,399 Speaker 1: is attached, provides a proper cure for it. The instability 421 00:26:01,440 --> 00:26:05,320 Speaker 1: in justice and confusion introduced into the public councils have 422 00:26:05,480 --> 00:26:09,560 Speaker 1: in truth been the mortal diseases under which popular governments 423 00:26:09,560 --> 00:26:12,360 Speaker 1: have everywhere perished, as they continue to be the favorite 424 00:26:12,520 --> 00:26:16,360 Speaker 1: and fruitful topics from which the adversaries to liberty derive 425 00:26:16,440 --> 00:26:20,879 Speaker 1: their most specious declamations. The valuable improvements made by the 426 00:26:20,920 --> 00:26:24,879 Speaker 1: American constitutions on the popular models, both ancient and modern, 427 00:26:25,200 --> 00:26:27,760 Speaker 1: cannot certainly be too much admired. But it would be 428 00:26:27,760 --> 00:26:31,240 Speaker 1: an unwarnable partiality to contend that they have as effectually 429 00:26:31,280 --> 00:26:34,480 Speaker 1: obviated the danger on this side as was wished and expected. 430 00:26:34,920 --> 00:26:39,320 Speaker 1: Complaints are everywhere heard from our most considerate and virtuous citizens, 431 00:26:39,359 --> 00:26:42,639 Speaker 1: equally the friends of public and private faith, and of 432 00:26:42,640 --> 00:26:45,680 Speaker 1: the public and personal liberty, that our governments are far 433 00:26:45,720 --> 00:26:49,240 Speaker 1: too unstable, that the public good is disregarded in the 434 00:26:49,320 --> 00:26:52,359 Speaker 1: conflicts of rival parties, and the measures are too often 435 00:26:52,400 --> 00:26:55,760 Speaker 1: decided not according to the rules of justice and the 436 00:26:55,840 --> 00:26:58,879 Speaker 1: rights of the minor party, but by the superior force 437 00:26:59,200 --> 00:27:03,680 Speaker 1: of an interest and overbearing majority. However anxiously we may 438 00:27:03,720 --> 00:27:07,280 Speaker 1: wish that these complaints had no foundation, the evidence of 439 00:27:07,359 --> 00:27:10,479 Speaker 1: known facts will not permit us to deny that they 440 00:27:10,480 --> 00:27:13,760 Speaker 1: are in some degree true. It'll be found, indeed, on 441 00:27:13,840 --> 00:27:16,720 Speaker 1: a candid review of our situation, that some of the 442 00:27:16,760 --> 00:27:20,159 Speaker 1: distresses under which we labor have been erroneously charged on 443 00:27:20,200 --> 00:27:22,680 Speaker 1: the operation of our governments, but will be found at 444 00:27:22,680 --> 00:27:25,760 Speaker 1: the same time that other causes will not alone account 445 00:27:26,000 --> 00:27:29,480 Speaker 1: for many of our heaviest misfortunes, and particularly for that 446 00:27:29,640 --> 00:27:33,480 Speaker 1: prevailing and increasing distrust of public engagements and alarm for 447 00:27:33,600 --> 00:27:36,000 Speaker 1: private rights, which are echoed from one end of the 448 00:27:36,040 --> 00:27:39,040 Speaker 1: continent to the other. These must be chiefly, if not wholly, 449 00:27:39,320 --> 00:27:43,040 Speaker 1: effects of the unsteadiness and injustice with which a factious 450 00:27:43,080 --> 00:27:48,040 Speaker 1: spirit has tainted our public administrations. What Madison is getting 451 00:27:48,040 --> 00:27:52,120 Speaker 1: at is that after the victory over Great Britain, each 452 00:27:52,160 --> 00:27:55,520 Speaker 1: of these states began having all sorts of problems. There 453 00:27:55,600 --> 00:27:59,000 Speaker 1: was Chay's rebellion of farmers against the inability to pay 454 00:27:59,040 --> 00:28:01,920 Speaker 1: their bills. There has been a whole series of riots. 455 00:28:01,920 --> 00:28:05,359 Speaker 1: There have been efforts to write state constitutions that were 456 00:28:05,800 --> 00:28:09,280 Speaker 1: unmanageable and that would have crushed freedom. And so what 457 00:28:09,440 --> 00:28:11,879 Speaker 1: you had was the people who had led the revolution 458 00:28:12,480 --> 00:28:16,280 Speaker 1: really found themselves in their minds fighting to simply preserve 459 00:28:16,720 --> 00:28:19,600 Speaker 1: the potential for a country to come together, to govern 460 00:28:19,640 --> 00:28:23,320 Speaker 1: itself and to be stable and not to be dangerous 461 00:28:23,560 --> 00:28:27,280 Speaker 1: for people who are successful. It is hard to overstate 462 00:28:27,280 --> 00:28:31,000 Speaker 1: how much the founding fathers operated between two extremes. On 463 00:28:31,040 --> 00:28:34,879 Speaker 1: the one side, they feared dictatorship. On the other side, 464 00:28:34,880 --> 00:28:37,760 Speaker 1: they feared the mob because they saw the mob as 465 00:28:37,840 --> 00:28:40,840 Speaker 1: destroying everything. And these were all people of property, and 466 00:28:40,880 --> 00:28:42,920 Speaker 1: so when they meant destroying everything, they meant literally burning 467 00:28:42,920 --> 00:28:47,160 Speaker 1: down your house, destroying your business, stealing your property, and so. 468 00:28:47,280 --> 00:28:49,520 Speaker 1: On the one hand, they did not want a government 469 00:28:49,520 --> 00:28:52,600 Speaker 1: so strong that like the British Kingdom, could be a dictatorship. 470 00:28:52,840 --> 00:28:55,160 Speaker 1: On the other hand, they had to have a government 471 00:28:55,160 --> 00:28:58,280 Speaker 1: strong enough to have a stable, guaranteed system of the 472 00:28:58,320 --> 00:29:01,720 Speaker 1: rule of law. In their mind, that was the absolute 473 00:29:01,840 --> 00:29:04,640 Speaker 1: essence of freedom, and without it they would not be 474 00:29:04,680 --> 00:29:07,320 Speaker 1: able to operate, and the Federalist papers were the first 475 00:29:07,480 --> 00:29:28,320 Speaker 1: major effort to try to develop that approach. It's important 476 00:29:28,320 --> 00:29:31,960 Speaker 1: to remember that the Federalists were responding to a reality 477 00:29:32,680 --> 00:29:38,120 Speaker 1: of a decaying society, of rising crime of riots. Many 478 00:29:38,120 --> 00:29:39,760 Speaker 1: of the things which we saw in the summer of 479 00:29:39,800 --> 00:29:43,240 Speaker 1: twenty twenty things we see virtually every day, for example, 480 00:29:43,280 --> 00:29:47,400 Speaker 1: in Portland, Oregon. And they described it pretty clearly. They're 481 00:29:47,440 --> 00:29:51,760 Speaker 1: saying to their fellow Americans. Remember quote, that our governments 482 00:29:51,760 --> 00:29:55,320 Speaker 1: are too unstable, that the public good is disregarded in 483 00:29:55,360 --> 00:29:58,440 Speaker 1: the conflicts of rival parties, and that measures are too 484 00:29:58,480 --> 00:30:02,400 Speaker 1: often decided according to the rules of justice and the 485 00:30:02,520 --> 00:30:05,440 Speaker 1: rights of the minor party, but by the superior force 486 00:30:05,480 --> 00:30:10,560 Speaker 1: of an interested and overbearing majority. However anxiously we may 487 00:30:10,600 --> 00:30:13,840 Speaker 1: wish that these complaints had no foundation, the evidence of 488 00:30:13,960 --> 00:30:17,480 Speaker 1: known facts will not permit us to deny that they 489 00:30:17,520 --> 00:30:20,840 Speaker 1: are in some degree true. It will be found, indeed, 490 00:30:21,240 --> 00:30:24,120 Speaker 1: on a candid review of our situation, that some of 491 00:30:24,120 --> 00:30:28,000 Speaker 1: the distresses under which we labor have been erroneously charged 492 00:30:28,040 --> 00:30:30,600 Speaker 1: on the operation of our governments. Will be found, at 493 00:30:30,600 --> 00:30:33,680 Speaker 1: the same time that other causes will not alone account 494 00:30:33,920 --> 00:30:37,280 Speaker 1: for many of our heaviest misfortunes, and particularly for that 495 00:30:37,480 --> 00:30:42,120 Speaker 1: prevailing and increasing distrust of public engagements and alarm for 496 00:30:42,240 --> 00:30:44,880 Speaker 1: private rights which are echoed from one end of the 497 00:30:44,920 --> 00:30:48,719 Speaker 1: continent to the other. These must be chiefly, if not wholly, 498 00:30:49,080 --> 00:30:53,239 Speaker 1: a facts of the unsteadiness and injustice with which a 499 00:30:53,360 --> 00:30:58,000 Speaker 1: factious spirit has tainted our public administrations. In other words, 500 00:30:58,240 --> 00:31:01,920 Speaker 1: what they're saying is they're looking out as people, most 501 00:31:01,960 --> 00:31:05,120 Speaker 1: of whom had property, most of them had invested interests 502 00:31:05,160 --> 00:31:11,360 Speaker 1: in stability, and they're seeing increasingly crime, increasingly riots, increasingly 503 00:31:11,440 --> 00:31:15,400 Speaker 1: behavior which is going to break down the rule of law, 504 00:31:15,880 --> 00:31:19,240 Speaker 1: and in their minds, all of their prosperity, all of 505 00:31:19,280 --> 00:31:23,400 Speaker 1: their safety, all their freedom, revolves around this concept of 506 00:31:23,440 --> 00:31:28,240 Speaker 1: the rule of law. Now, they also believe that majority 507 00:31:28,320 --> 00:31:33,040 Speaker 1: rule is extraordinarily dangerous, and they point out, quote, if 508 00:31:33,040 --> 00:31:36,280 Speaker 1: a faction consists of less than a majority, relief is 509 00:31:36,280 --> 00:31:40,560 Speaker 1: supplied by the Republican principle, which enables the majority to 510 00:31:40,600 --> 00:31:44,200 Speaker 1: defeat its sinister views by regular vote. It may clog 511 00:31:44,240 --> 00:31:48,200 Speaker 1: the administration, it may convulse the society, but it will 512 00:31:48,240 --> 00:31:52,360 Speaker 1: be unable to execute and mask its violence under the 513 00:31:52,360 --> 00:31:55,840 Speaker 1: forms of the Constitution. When a majority is included in 514 00:31:55,840 --> 00:31:58,920 Speaker 1: a faction. The form of popular government under the hand 515 00:31:59,400 --> 00:32:03,240 Speaker 1: enables it to sacrifice to its ruling passion or interest, 516 00:32:03,720 --> 00:32:06,920 Speaker 1: both the public good and the rights of other citizens. 517 00:32:07,080 --> 00:32:10,000 Speaker 1: In other words, they begin to show you here why 518 00:32:10,040 --> 00:32:14,920 Speaker 1: they do not want a purely democratic majoritarian system. These 519 00:32:14,920 --> 00:32:18,600 Speaker 1: are people who believed, from their own personal experience, and 520 00:32:19,120 --> 00:32:22,640 Speaker 1: from having read deeply in the history of governments, including 521 00:32:22,640 --> 00:32:26,479 Speaker 1: in Greece and in Rome, that when you have a 522 00:32:26,560 --> 00:32:32,280 Speaker 1: purely popular majoritarian democracy, sooner or later there's a wave 523 00:32:32,440 --> 00:32:36,120 Speaker 1: of passion which runs over the rights of the minority, 524 00:32:36,720 --> 00:32:40,960 Speaker 1: eliminates the rule of law, and imposes whatever the majority 525 00:32:41,000 --> 00:32:44,320 Speaker 1: wants that week, even though a month earlier the majority 526 00:32:44,360 --> 00:32:46,560 Speaker 1: may not have liked it, and a month later the 527 00:32:46,600 --> 00:32:48,560 Speaker 1: majority of men have liked it. So they had a 528 00:32:48,760 --> 00:32:55,080 Speaker 1: very skeptical view of a purely majoritarian democracy. On the 529 00:32:55,120 --> 00:32:58,560 Speaker 1: other hand, they say, to secure the public good and 530 00:32:58,760 --> 00:33:01,640 Speaker 1: quoting them to secure the public good and private rights 531 00:33:01,720 --> 00:33:04,360 Speaker 1: against the danger of such a faction, and at the 532 00:33:04,440 --> 00:33:07,480 Speaker 1: same time to preserve the spirit and the form of 533 00:33:07,560 --> 00:33:11,040 Speaker 1: popular government, is then the great object to which our 534 00:33:11,080 --> 00:33:14,000 Speaker 1: inquiries are directed. Let me add that it is the 535 00:33:14,040 --> 00:33:16,880 Speaker 1: great dissider item by which this form of government can 536 00:33:16,880 --> 00:33:19,800 Speaker 1: be rescued from the opprobrium under which it has so 537 00:33:19,840 --> 00:33:23,520 Speaker 1: long labored and be recommended to the esteem and adoption 538 00:33:23,560 --> 00:33:26,160 Speaker 1: of mankind. In other words, what they're saying here is 539 00:33:26,640 --> 00:33:29,160 Speaker 1: they think they've come up with a form of government 540 00:33:29,800 --> 00:33:34,800 Speaker 1: which guarantees freedom, but also guarantees safety from the rule 541 00:33:34,800 --> 00:33:37,880 Speaker 1: of the mob, which allows you, in a minority position, 542 00:33:37,960 --> 00:33:40,360 Speaker 1: to be safe and at the same time to express 543 00:33:40,440 --> 00:33:44,120 Speaker 1: yourself and to get things done. Now, their condemnation is 544 00:33:44,160 --> 00:33:47,160 Speaker 1: pretty direct quote. From this view of the subject, it 545 00:33:47,200 --> 00:33:51,280 Speaker 1: may be concluded that a pure democracy, by which I 546 00:33:51,280 --> 00:33:54,800 Speaker 1: mean a society consisting of a small number of citizens who, 547 00:33:54,880 --> 00:33:58,479 Speaker 1: as symbole an administer the government in person, can admit 548 00:33:58,560 --> 00:34:02,640 Speaker 1: of no cure for the mischiefs of faction. A common 549 00:34:02,680 --> 00:34:05,680 Speaker 1: passion or interest will in almost every case be felt 550 00:34:05,680 --> 00:34:08,520 Speaker 1: by a majority of the whole. A communication and concert 551 00:34:08,560 --> 00:34:11,040 Speaker 1: result from the form of government itself, and there is 552 00:34:11,120 --> 00:34:15,480 Speaker 1: nothing to check the inducements to sacrifice the weaker party 553 00:34:15,600 --> 00:34:19,360 Speaker 1: or an obnoxious individual. Hence it is that such democracies 554 00:34:19,600 --> 00:34:22,920 Speaker 1: have ever been spectacles of turbulence and contention. Let me 555 00:34:22,960 --> 00:34:25,400 Speaker 1: repeat this, because so many people who are confused between 556 00:34:25,440 --> 00:34:29,360 Speaker 1: a republican and democracy, they write in the federalspapers. Quote 557 00:34:29,880 --> 00:34:34,640 Speaker 1: hence it is that such democracies have ever been spectacles 558 00:34:34,680 --> 00:34:40,480 Speaker 1: of turbulence and contention, have ever been found incompatible with 559 00:34:40,560 --> 00:34:44,040 Speaker 1: personal security or the rights of property, and have in 560 00:34:44,080 --> 00:34:47,400 Speaker 1: general been as short in their lives as they have 561 00:34:47,520 --> 00:34:52,319 Speaker 1: been violent in their deaths. Theoretic politicians who have patronized 562 00:34:52,360 --> 00:34:56,520 Speaker 1: the species of government have erroneously supposed though, by reducing 563 00:34:56,560 --> 00:35:00,520 Speaker 1: mankind to a perfect equality in their political rights, they 564 00:35:00,600 --> 00:35:04,520 Speaker 1: would at the same time be perfectly equalized and assimilated 565 00:35:04,760 --> 00:35:09,120 Speaker 1: in their possessions, their opinions, and their passions. In other words, 566 00:35:09,440 --> 00:35:13,239 Speaker 1: what they're saying is that these theoretical ideas that are 567 00:35:13,280 --> 00:35:17,440 Speaker 1: developed that sound good on the surface when dealing with 568 00:35:17,480 --> 00:35:20,960 Speaker 1: the real passions of human beings and the real passions 569 00:35:21,000 --> 00:35:24,800 Speaker 1: of the mob just literally yet run over and yell suddenly. 570 00:35:24,840 --> 00:35:27,160 Speaker 1: If you're in the minority, if you're the person they 571 00:35:27,200 --> 00:35:29,719 Speaker 1: don't like, what they refer to as an obnoxious individual, 572 00:35:30,200 --> 00:35:32,720 Speaker 1: your very life can be threatened, your property is threatened. 573 00:35:33,200 --> 00:35:36,520 Speaker 1: You live now in a life of turbulence. Now, they 574 00:35:36,560 --> 00:35:40,279 Speaker 1: go on to suggest a different approach. Quote a republic, 575 00:35:41,000 --> 00:35:43,080 Speaker 1: by which I mean a government in which the scheme 576 00:35:43,120 --> 00:35:48,839 Speaker 1: of representation takes place opens a different prospect and promises 577 00:35:48,880 --> 00:35:52,240 Speaker 1: the cure for which we are seeking. Let us examine 578 00:35:52,239 --> 00:35:54,920 Speaker 1: the points in which it varies from pure democracy, and 579 00:35:55,040 --> 00:35:58,160 Speaker 1: we shall comprehend both the nature of the cure and 580 00:35:58,239 --> 00:36:02,480 Speaker 1: the efficacy which it must direct from the union. We 581 00:36:02,560 --> 00:36:05,120 Speaker 1: go on to say, quote, the two great points of 582 00:36:05,200 --> 00:36:09,399 Speaker 1: difference between a democracy and republic are first the delegation 583 00:36:09,480 --> 00:36:11,960 Speaker 1: of the government in the latter to a small number 584 00:36:11,960 --> 00:36:16,200 Speaker 1: of citizens elected by the rest. Second, the greater number 585 00:36:16,200 --> 00:36:19,200 Speaker 1: of citizens and greater sphere of country over which the 586 00:36:19,280 --> 00:36:22,040 Speaker 1: latter may be extended. Now, the effect of the first 587 00:36:22,040 --> 00:36:25,320 Speaker 1: difference is, on the one hand, to refine and enlarge 588 00:36:25,360 --> 00:36:28,640 Speaker 1: the public views by passing through the medium of a 589 00:36:28,760 --> 00:36:32,440 Speaker 1: chosen body of citizens, whose wisdom may best discern the 590 00:36:32,480 --> 00:36:36,399 Speaker 1: true interests of their country, and whose patriotism and love 591 00:36:36,440 --> 00:36:39,840 Speaker 1: of justice will be least likely to sacrifice it to 592 00:36:39,960 --> 00:36:44,719 Speaker 1: temporary or partial considerations. Under such a regulation, it may 593 00:36:44,760 --> 00:36:48,080 Speaker 1: well happen that the public voice pronounced by the representative 594 00:36:48,080 --> 00:36:50,759 Speaker 1: the people will be more consonant to the public good 595 00:36:51,200 --> 00:36:54,240 Speaker 1: than if pronounced by the people themselves convened for the purpose. 596 00:36:54,880 --> 00:36:58,000 Speaker 1: On the other hand, the effect may be inverted. Men 597 00:36:58,040 --> 00:37:02,600 Speaker 1: of factious tempers, of equal prejudice, or of sinister design, 598 00:37:03,160 --> 00:37:07,480 Speaker 1: made by intrigue, by corruption, or by other means, first 599 00:37:07,520 --> 00:37:10,680 Speaker 1: obtain the suffrages and then betray the interest of the people. 600 00:37:11,160 --> 00:37:15,040 Speaker 1: The question resulting is whether small or extensive republics are 601 00:37:15,120 --> 00:37:18,239 Speaker 1: more favorable to the election of proper guardians of the 602 00:37:18,239 --> 00:37:21,040 Speaker 1: public will. And it is clearly decided in favor of 603 00:37:21,080 --> 00:37:26,040 Speaker 1: the latter by two obvious considerations. Quote. In the first place, 604 00:37:26,360 --> 00:37:28,720 Speaker 1: it is to be remarked that, however small the republic 605 00:37:28,840 --> 00:37:31,880 Speaker 1: may be, the representatives must be raised to a certain 606 00:37:31,960 --> 00:37:34,719 Speaker 1: number in order to guard against the cabals of a few, 607 00:37:35,440 --> 00:37:37,799 Speaker 1: and that, however large it may be, they must be 608 00:37:37,840 --> 00:37:40,239 Speaker 1: limited to certain number in order to guard against the 609 00:37:40,280 --> 00:37:44,040 Speaker 1: confusion of a multitude. This is really elegantly thought through. 610 00:37:45,080 --> 00:37:47,360 Speaker 1: What they're saying is you have to have at least 611 00:37:47,360 --> 00:37:51,120 Speaker 1: a large enough body and the representative body that you're 612 00:37:51,160 --> 00:37:53,480 Speaker 1: not just going to a handful of people take over everything. 613 00:37:54,040 --> 00:37:55,960 Speaker 1: On the other hand, you don't want it to be 614 00:37:56,040 --> 00:37:59,479 Speaker 1: such a large body that it becomes itself a mob. 615 00:38:00,160 --> 00:38:02,840 Speaker 1: And so there's some zone of balance. They go on 616 00:38:02,920 --> 00:38:06,200 Speaker 1: to say, quote hence the number of representatives, the two 617 00:38:06,239 --> 00:38:08,600 Speaker 1: cases not being in proportion to that of the two 618 00:38:08,640 --> 00:38:12,839 Speaker 1: constituents and being proportionally greater in the small republic. It 619 00:38:12,880 --> 00:38:16,319 Speaker 1: follows that if the proportion of fit characters be not 620 00:38:16,520 --> 00:38:19,360 Speaker 1: less in the larger than the small republic, the former 621 00:38:19,400 --> 00:38:23,600 Speaker 1: will present a greater option and consequently a greater probability 622 00:38:23,600 --> 00:38:26,480 Speaker 1: of a fit choice in the next place. As each 623 00:38:26,480 --> 00:38:29,480 Speaker 1: representative be chosen by a greater number of citizens in 624 00:38:29,560 --> 00:38:32,960 Speaker 1: the larger than the small republic, it'll be more difficult 625 00:38:33,280 --> 00:38:37,040 Speaker 1: for unworthy candidates to practice with success in the vicious 626 00:38:37,200 --> 00:38:40,399 Speaker 1: arts by which elections are too often carried. Member. These 627 00:38:40,400 --> 00:38:44,200 Speaker 1: are professional politicians. All of these folks had been out there, 628 00:38:44,200 --> 00:38:47,520 Speaker 1: had won election to the state legislature or the colonial legislature, 629 00:38:47,840 --> 00:38:51,040 Speaker 1: had won election to Philadelphia, had managed to write a 630 00:38:51,040 --> 00:38:53,880 Speaker 1: constitution which had to be carried by They all understood 631 00:38:53,880 --> 00:38:57,319 Speaker 1: this process. And notice how they describe it. They talk 632 00:38:57,400 --> 00:39:01,480 Speaker 1: about vicious arts by which elections are too often carried. 633 00:39:01,760 --> 00:39:03,880 Speaker 1: And let me tell you, if you've been watching American 634 00:39:03,920 --> 00:39:06,440 Speaker 1: elections at times, and you've watched some of the nasty 635 00:39:06,480 --> 00:39:09,680 Speaker 1: ads and some of the vicious attacks, you understand what 636 00:39:09,680 --> 00:39:12,200 Speaker 1: they were worried about. Remember, these people are writing in 637 00:39:12,320 --> 00:39:15,279 Speaker 1: seventeen eighty seven and seventeen eighty eight, and they are 638 00:39:15,400 --> 00:39:18,880 Speaker 1: describing the world you and I are living in, because 639 00:39:18,880 --> 00:39:21,880 Speaker 1: they were that eternal in their understanding of human nature. 640 00:39:23,360 --> 00:39:26,040 Speaker 1: So they go on and say, the suffrage of the people, 641 00:39:26,080 --> 00:39:28,600 Speaker 1: being more free, will be more likely to center in 642 00:39:28,640 --> 00:39:31,720 Speaker 1: men who possess the most attractive merit and the most 643 00:39:31,760 --> 00:39:36,160 Speaker 1: diffusive and established characters. It must be confessed that in this, 644 00:39:36,360 --> 00:39:38,759 Speaker 1: as in most other cases, there is a mean on 645 00:39:38,800 --> 00:39:42,120 Speaker 1: both sides, of which, inconveniences we found to lie. By 646 00:39:42,200 --> 00:39:44,880 Speaker 1: enlarging too much the number of electors, you under the 647 00:39:44,920 --> 00:39:48,440 Speaker 1: representatives too little acquainted with all their local circumstances and 648 00:39:48,560 --> 00:39:51,920 Speaker 1: lesser interest as by reducing it too much, you render 649 00:39:52,000 --> 00:39:54,880 Speaker 1: him unduly attached to these and too little fit to 650 00:39:55,000 --> 00:39:59,680 Speaker 1: comprehend and pursue great and national objects. The Federal Constitution 651 00:40:00,280 --> 00:40:03,920 Speaker 1: forms a happy combination in this respect, the great and 652 00:40:04,000 --> 00:40:07,600 Speaker 1: aggregate interests being referred to the national, the local, and 653 00:40:07,760 --> 00:40:11,400 Speaker 1: particular to the state legislatures. In other words, the founding 654 00:40:11,400 --> 00:40:13,680 Speaker 1: fathers are making the case, and the whole point of 655 00:40:13,680 --> 00:40:17,200 Speaker 1: the Federalist papers is making the case that this federal system. 656 00:40:17,840 --> 00:40:21,480 Speaker 1: Certain things are national, so other things are of state, 657 00:40:21,880 --> 00:40:24,400 Speaker 1: and yet other things are local. And that by the 658 00:40:24,480 --> 00:40:28,600 Speaker 1: division of responsibility. So local governments and local systems take 659 00:40:28,640 --> 00:40:32,520 Speaker 1: care of local effects. States then aggregate their own communities, 660 00:40:32,840 --> 00:40:35,360 Speaker 1: and then finally laying over all of them, is the 661 00:40:35,400 --> 00:40:38,799 Speaker 1: federal government. They go on to say, quote, the other 662 00:40:38,840 --> 00:40:42,120 Speaker 1: point of difference is the greater number of citizens in 663 00:40:42,239 --> 00:40:45,440 Speaker 1: extent of territory which may be brought within the compass 664 00:40:45,480 --> 00:40:49,680 Speaker 1: of republican than of democratic government. And it is this circumstance, 665 00:40:49,800 --> 00:40:54,360 Speaker 1: principally which renders factious combinations less to be dreaded in 666 00:40:54,400 --> 00:40:58,360 Speaker 1: the former than the latter. The smaller the society, the 667 00:40:58,480 --> 00:41:01,480 Speaker 1: fewer probably will be the distinct party's interests composing it. 668 00:41:01,960 --> 00:41:05,200 Speaker 1: The fewer the distinct party's interest the more frequently will 669 00:41:05,200 --> 00:41:08,120 Speaker 1: a majority be found of the same party. And the 670 00:41:08,160 --> 00:41:11,200 Speaker 1: smaller the number of individuals composing a majority, and the 671 00:41:11,239 --> 00:41:13,879 Speaker 1: smaller the compass within which they are placed, the more 672 00:41:13,960 --> 00:41:17,600 Speaker 1: easily will they concert and execute their plans of oppression. 673 00:41:18,280 --> 00:41:21,480 Speaker 1: Extend the sphere, and you take in a greater variety 674 00:41:21,520 --> 00:41:24,719 Speaker 1: of parties interest you make it less probable that a 675 00:41:24,760 --> 00:41:27,080 Speaker 1: majority of the whole will have a common motive to 676 00:41:27,120 --> 00:41:29,960 Speaker 1: invade the rights of other citizens, or if such a 677 00:41:29,960 --> 00:41:32,759 Speaker 1: common motive exist, it will be more difficult for all 678 00:41:32,800 --> 00:41:35,520 Speaker 1: who feel it to discover their own strength and to 679 00:41:35,560 --> 00:41:38,439 Speaker 1: act in unison with each other. In other words, when 680 00:41:38,480 --> 00:41:40,640 Speaker 1: you broaden out the whole country and it becomes a 681 00:41:40,640 --> 00:41:44,360 Speaker 1: continent wide country, it's much harder for one faction to 682 00:41:44,400 --> 00:41:48,040 Speaker 1: get total control and try to elute the country. Because, 683 00:41:48,080 --> 00:41:51,200 Speaker 1: I'm to say, besides other impediments, it may be remarked 684 00:41:51,200 --> 00:41:55,120 Speaker 1: that where there is a consciousness of unjust or dishonorable purposes, 685 00:41:55,520 --> 00:41:59,480 Speaker 1: communication is always checked by distrust in proportion to the 686 00:41:59,520 --> 00:42:03,919 Speaker 1: number who concurrence as necessary. In otherwise, larger groups are 687 00:42:03,960 --> 00:42:07,640 Speaker 1: not as susceptible to being lied to and cheated as 688 00:42:07,719 --> 00:42:12,480 Speaker 1: smaller groups, and their conclusion is quote. Hence, it clearly 689 00:42:12,480 --> 00:42:15,040 Speaker 1: appears that the same advantage which a republic has over 690 00:42:15,120 --> 00:42:18,880 Speaker 1: democracy in controlling the effects of faction, is enjoyed by 691 00:42:18,880 --> 00:42:21,839 Speaker 1: a large over a small republic, is enjoyed by the 692 00:42:21,960 --> 00:42:25,360 Speaker 1: Union over the states composing it does. The advantage consist 693 00:42:25,440 --> 00:42:29,360 Speaker 1: in the substitution of representatives whose enlightened views in virtuous 694 00:42:29,360 --> 00:42:33,640 Speaker 1: sentiments under them superior to local prejudices. And schemes of injustice, 695 00:42:34,000 --> 00:42:36,600 Speaker 1: It will not be denied that the representation of the 696 00:42:36,680 --> 00:42:40,120 Speaker 1: Union will be most likely to possess those requisite endowments. 697 00:42:40,560 --> 00:42:43,640 Speaker 1: Does it consistently greater security afforded by a greater variety 698 00:42:43,640 --> 00:42:46,759 Speaker 1: of parties against the event of any one party being 699 00:42:46,800 --> 00:42:50,400 Speaker 1: able to number and oppress the rest in an equal degree? 700 00:42:50,600 --> 00:42:53,320 Speaker 1: Does the increased variety of parties comprised in the Union 701 00:42:53,600 --> 00:42:57,680 Speaker 1: increase the security? Does it in fine consistent the greater 702 00:42:57,800 --> 00:43:02,240 Speaker 1: obstacles opposed to the concert accomplishment of the secret wishes 703 00:43:02,600 --> 00:43:06,440 Speaker 1: of an unjust and instant majority. Here again, the extent 704 00:43:06,520 --> 00:43:09,799 Speaker 1: of the Union gives it the most palpable advantage. No number, 705 00:43:10,239 --> 00:43:13,440 Speaker 1: they are writing about the extent of the Union when 706 00:43:13,480 --> 00:43:16,839 Speaker 1: it runs from Maine to Georgia. Maine at that time 707 00:43:16,880 --> 00:43:19,400 Speaker 1: it was not yet its own independent state, but it 708 00:43:19,440 --> 00:43:23,440 Speaker 1: had already been defined as America, and it's essentially east 709 00:43:23,440 --> 00:43:27,000 Speaker 1: of the Mississippi. Imagine then, if they had understood, and 710 00:43:27,040 --> 00:43:29,799 Speaker 1: they deep down had this sense that eventually they would 711 00:43:29,840 --> 00:43:32,920 Speaker 1: occupy most of the continent. And so in an age 712 00:43:32,920 --> 00:43:37,600 Speaker 1: when you traveled by stagecoach had bessed, and an age 713 00:43:37,600 --> 00:43:40,960 Speaker 1: when there was no telegraph, there was no instant communication. 714 00:43:41,520 --> 00:43:45,520 Speaker 1: They saw the great virtue of the American system being 715 00:43:45,520 --> 00:43:49,560 Speaker 1: in part that as sheer scale, would allow people to 716 00:43:49,600 --> 00:43:52,400 Speaker 1: live under the rule of law and would minimize the 717 00:43:52,480 --> 00:43:56,880 Speaker 1: likelihood of dictatorship. But they also knew that the government 718 00:43:56,880 --> 00:44:00,279 Speaker 1: itself had to work and one of their key So 719 00:44:00,320 --> 00:44:02,800 Speaker 1: this is one of the biggest jumps from the Articles 720 00:44:02,800 --> 00:44:06,720 Speaker 1: of Confederation, and I think it actually came from George 721 00:44:06,760 --> 00:44:09,839 Speaker 1: Washington's own experience. Remember that George Washington spends eight years 722 00:44:09,840 --> 00:44:13,319 Speaker 1: fighting a war with a very very weak government under 723 00:44:13,360 --> 00:44:16,880 Speaker 1: the of Confederation, and Washington understands that there has to 724 00:44:16,920 --> 00:44:20,160 Speaker 1: be an executive. An executive meant as that the person 725 00:44:20,239 --> 00:44:24,920 Speaker 1: who would execute the laws. And they thought long and 726 00:44:24,960 --> 00:44:28,840 Speaker 1: hard about this. They're sort of balancing between the notion 727 00:44:28,960 --> 00:44:33,640 Speaker 1: of distributing power to protect us from dictatorship and having 728 00:44:33,760 --> 00:44:37,000 Speaker 1: enough power to protect us from foreign enemies. And so 729 00:44:37,160 --> 00:44:41,040 Speaker 1: Hamilton and Federal such denine rights quote. I proceed now 730 00:44:41,080 --> 00:44:43,960 Speaker 1: to trace the real character of the proposed executive as 731 00:44:43,960 --> 00:44:45,800 Speaker 1: they are marked out in the plan of the Convention. 732 00:44:46,360 --> 00:44:48,920 Speaker 1: This will serve the place in a strong light the 733 00:44:49,080 --> 00:44:51,720 Speaker 1: unfairness of the representations which have been made in regard 734 00:44:51,800 --> 00:44:55,520 Speaker 1: to it. He's now answering the critics of the Constitution. 735 00:44:56,320 --> 00:44:58,759 Speaker 1: The first thing which strikes our attention is that the 736 00:44:58,840 --> 00:45:02,120 Speaker 1: executive authority, a few exceptions, is to be vested in 737 00:45:02,120 --> 00:45:05,800 Speaker 1: a single magistrate. This will scarcely, however, he considers the 738 00:45:05,840 --> 00:45:08,120 Speaker 1: point of put in which any comparison can be grounded. 739 00:45:08,600 --> 00:45:11,279 Speaker 1: For if in this particular there be a resemblance to 740 00:45:11,280 --> 00:45:13,400 Speaker 1: the King of Great Britain, there is not less a 741 00:45:13,440 --> 00:45:16,600 Speaker 1: resemblance to the Grand Seignor, to the Khan of Tartary, 742 00:45:16,880 --> 00:45:18,759 Speaker 1: to the Man of the Seven Mountains, or to the 743 00:45:18,760 --> 00:45:21,960 Speaker 1: Governor of New York. That magistrate is to be elected 744 00:45:21,960 --> 00:45:25,359 Speaker 1: for four years, and is to be re eligible as 745 00:45:25,400 --> 00:45:27,799 Speaker 1: often as the people of the United States shall think 746 00:45:27,880 --> 00:45:31,080 Speaker 1: him worthy of their confidence. No notice. At this point 747 00:45:31,400 --> 00:45:34,319 Speaker 1: there was a tendency to think maybe Washington could get 748 00:45:34,320 --> 00:45:37,719 Speaker 1: elected and Washington could stay forever. And one of the 749 00:45:37,760 --> 00:45:40,920 Speaker 1: great things that Washington does is he decides to step 750 00:45:40,960 --> 00:45:43,959 Speaker 1: down after the second term and creates a precedent which 751 00:45:44,000 --> 00:45:48,719 Speaker 1: exists until franklind Owner Roosevelt breaks it in nineteen forty 752 00:45:48,960 --> 00:45:51,880 Speaker 1: and after Roosevelt dies in office in April of nineteen 753 00:45:51,960 --> 00:45:55,920 Speaker 1: forty five, the country promptly adopts a constitutional amendment to 754 00:45:56,000 --> 00:45:58,440 Speaker 1: go back to Washington's model no more than eight years. 755 00:45:58,480 --> 00:46:01,759 Speaker 1: But that's not what in fact Hamilton had in mind. 756 00:46:02,040 --> 00:46:05,000 Speaker 1: Hamilton would have been quite happy to have reelected Washington 757 00:46:05,080 --> 00:46:06,880 Speaker 1: for the rest of his life, and Hamilton had not 758 00:46:06,960 --> 00:46:10,879 Speaker 1: thought through the potential dangers, because Hamilton actually was much 759 00:46:10,920 --> 00:46:14,919 Speaker 1: closer to wanting a strong, almost monarchical system than any 760 00:46:14,960 --> 00:46:18,880 Speaker 1: of the other Founding fathers. However, they go on to 761 00:46:18,960 --> 00:46:23,400 Speaker 1: say that there's a total difference between him and a 762 00:46:23,480 --> 00:46:27,640 Speaker 1: King of Great Britain, who is an hereditary monarch possessing 763 00:46:27,640 --> 00:46:30,960 Speaker 1: the crown as a patrimony descendable to his heirs forever. 764 00:46:31,640 --> 00:46:34,280 Speaker 1: But there's a close analogy between him and a governor 765 00:46:34,280 --> 00:46:36,920 Speaker 1: of New York who was elected for three years and 766 00:46:37,080 --> 00:46:40,080 Speaker 1: is re eligible without limitation or remission. And by the way, 767 00:46:40,120 --> 00:46:43,680 Speaker 1: at that time, Governor Clinton became the longest serving governor 768 00:46:43,719 --> 00:46:48,879 Speaker 1: in America up until he was replaced by Terry Branstead 769 00:46:48,920 --> 00:46:51,799 Speaker 1: of Iowa just a few years ago, who became the 770 00:46:51,920 --> 00:46:54,840 Speaker 1: longest serving governor in American history. But in each case 771 00:46:55,320 --> 00:46:58,360 Speaker 1: they were serving because they kept winning elections. It wasn't inherited. 772 00:46:59,160 --> 00:47:01,600 Speaker 1: So Hamilton was on to say, if we consider how 773 00:47:01,680 --> 00:47:04,400 Speaker 1: much less time would be requisite for establishing a dangerous 774 00:47:04,400 --> 00:47:07,440 Speaker 1: influence in a single state, then for establishing a like 775 00:47:07,640 --> 00:47:10,840 Speaker 1: influence throughout the United States. We must conclude that a 776 00:47:10,920 --> 00:47:13,360 Speaker 1: duration of four years for the Chief Magistrate of the 777 00:47:13,440 --> 00:47:15,840 Speaker 1: Union is a degree of permanency far less to be 778 00:47:15,920 --> 00:47:18,600 Speaker 1: dreaded in that office than a duration of three years 779 00:47:18,920 --> 00:47:21,319 Speaker 1: for a correspondent office in a single state. In other words, 780 00:47:21,760 --> 00:47:24,839 Speaker 1: nobody was afraid of governors. Nobody thought governors were about 781 00:47:24,880 --> 00:47:28,040 Speaker 1: to become kings, and similarly, the president was not about 782 00:47:28,040 --> 00:47:31,800 Speaker 1: to become a king. That's the whole point of this. Now. 783 00:47:32,280 --> 00:47:35,919 Speaker 1: I think what's important to recognize is that the Constitution 784 00:47:35,920 --> 00:47:38,920 Speaker 1: of the United States was written by a group of 785 00:47:38,920 --> 00:47:41,920 Speaker 1: people who had, first of all, who won an eight 786 00:47:42,040 --> 00:47:45,320 Speaker 1: year war against the most powerful empairer in the world. Second, 787 00:47:45,520 --> 00:47:47,680 Speaker 1: it was written by a group of people who themselves 788 00:47:48,200 --> 00:47:52,000 Speaker 1: had been involved in elective politics, in popular debate, in 789 00:47:52,160 --> 00:47:56,120 Speaker 1: writing legislation. Many of them had written one or more 790 00:47:56,239 --> 00:47:59,320 Speaker 1: state constitutions or several states that went through two or 791 00:47:59,360 --> 00:48:03,560 Speaker 1: three constitute A number of them had either helped write 792 00:48:03,560 --> 00:48:06,920 Speaker 1: the Articles of Confederation or had served in the government 793 00:48:06,960 --> 00:48:09,560 Speaker 1: of the Articles of Confederation, and they knew that it 794 00:48:09,640 --> 00:48:13,279 Speaker 1: was so weak and so unable to protect America from 795 00:48:13,360 --> 00:48:17,399 Speaker 1: foreign enemies, that something had to be done. And so 796 00:48:17,480 --> 00:48:21,640 Speaker 1: you have these very sophisticated, very experienced people who have 797 00:48:21,760 --> 00:48:24,040 Speaker 1: thought very long and hard. In the case of people 798 00:48:24,080 --> 00:48:28,840 Speaker 1: like Madison, they'd read probably every existing major work on Rome, 799 00:48:29,280 --> 00:48:32,439 Speaker 1: on Greece, on the whole concept of the rule of law. 800 00:48:32,800 --> 00:48:35,440 Speaker 1: They'd been deeply shaped by Blackstone, who had just written 801 00:48:35,760 --> 00:48:38,839 Speaker 1: the first really great history of the rule of law 802 00:48:38,880 --> 00:48:43,680 Speaker 1: in England. And so they were really extraordinarily sophisticated people 803 00:48:44,160 --> 00:48:46,920 Speaker 1: who had thought really long in heart, and who knew 804 00:48:47,640 --> 00:48:51,120 Speaker 1: that they were standing at the crossroads of history. They 805 00:48:51,200 --> 00:48:55,080 Speaker 1: knew that if they could in fact put this together, 806 00:48:55,719 --> 00:48:58,680 Speaker 1: if they could make it work, that they would have 807 00:48:58,760 --> 00:49:02,319 Speaker 1: changed history. They would have changed history deeply, because they 808 00:49:02,320 --> 00:49:05,520 Speaker 1: are in the process of proving that a free people, 809 00:49:06,719 --> 00:49:10,600 Speaker 1: endowed by their creator with certain unable rights, among which 810 00:49:10,600 --> 00:49:12,960 Speaker 1: your life, liberty in the pursuit of happiness, that this 811 00:49:13,200 --> 00:49:18,080 Speaker 1: free people could govern themselves. And that was a revolutionary moment, 812 00:49:18,440 --> 00:49:21,839 Speaker 1: and they began the Constitution. As Ronald Reagan reminded us 813 00:49:22,320 --> 00:49:25,320 Speaker 1: in his great speech A Time for Choosing in nineteen 814 00:49:25,400 --> 00:49:29,000 Speaker 1: sixty four, that It all begins with we the people, 815 00:49:29,680 --> 00:49:33,040 Speaker 1: not we the government, not we the college professors, not 816 00:49:33,200 --> 00:49:37,799 Speaker 1: we the lawyers, we the people, And as Lincoln reminded us, 817 00:49:37,840 --> 00:49:42,040 Speaker 1: that became government of the people, by the people, and 818 00:49:42,080 --> 00:49:45,239 Speaker 1: for the people. And the most sophisticated explanation of that 819 00:49:45,400 --> 00:49:53,800 Speaker 1: work of genius is the Federalist Papers. Thank you for listening. 820 00:49:53,960 --> 00:49:56,480 Speaker 1: You can learn more about the Federalist Papers on our 821 00:49:56,520 --> 00:50:00,359 Speaker 1: show page at nitzworld dot com. Nich willis reduced by 822 00:50:00,320 --> 00:50:05,080 Speaker 1: gingwish Street sixty and iHeartMedia. Our executive producers Garnsey Sloan, 823 00:50:05,520 --> 00:50:09,760 Speaker 1: our producers Rebecca Hell, and our researcher is Rachel Peterson. 824 00:50:10,400 --> 00:50:13,600 Speaker 1: The artwork for the show was created by Steve Penley. 825 00:50:14,280 --> 00:50:18,040 Speaker 1: Special thanks to the team at Gingwishtree sixty. If you've 826 00:50:18,040 --> 00:50:20,520 Speaker 1: been enjoying news World, I hope you'll go to Apple 827 00:50:20,600 --> 00:50:24,239 Speaker 1: podcast and both rate us with five stars and give 828 00:50:24,320 --> 00:50:27,160 Speaker 1: us a review so others can learn what it's all about. 829 00:50:27,880 --> 00:50:30,400 Speaker 1: Right now, listeners of newts World can sign up from 830 00:50:30,400 --> 00:50:34,799 Speaker 1: my three free weekly columns at Gingwishtree sixty dot com 831 00:50:34,800 --> 00:50:38,800 Speaker 1: slash newsletter. I'm newt Gingwig. This is newts World