The People Who Lost?

by Walt Garlington

“The people who lost”: Bill Kauffman uses this quote from historian William Appleman Williams to begin his book, Forgotten Founder Drunken Prophet, on the Anti-Federalists – those who opposed the ratification of the current U. S. Constitution during and after the Constitutional Convention of 1787.

Most of the state delegations at Philadelphia were populated by Federalists –men dedicated chiefly to strengthening the power of the federal government. To this class belonged the famous men of our history: e. g., Alexander Hamilton, George Washington, Gouverneur Morris, James Madison (a surprise to me to find him in this camp).

The Anti-Federalists were lesser known mostly: Melancton Smith, John Lansing, Luther Martin (the main subject of Kauffman’s aforementioned book – Forgotten Founder, Drunken Prophet). They were more modest in their goals at the Convention, wanting only to reform the existing Articles of Confederation rather than toss them aside and build the federal government anew as the Federalists desired, and wishing to preserve state and local authority.

The Federalists were not shy in their disdain for the states at the Convention. In order to establish a strong national government, the states “ought to be extinguished, new modified, or reduced to a smaller scale,” opined Alexander Hamilton. “State attachments and State importance have been the bane of this country,” Gouverneur Morris added.

The Virginia Plan written by Madison (the document upon which our present Constitution is based) eliminated the equal representation of the states as then existed under the Articles, and he was insistent that the national legislature be able to veto laws of the state legislatures that it thought were opposed to the “general interest” of the country.

The Anti-Federalists were having none of it. Thanks to their efforts Madison’s national veto was scrapped; the Virginia Plan was modified to include equal representation of the states in the Senate; the Senate was given the power to approve appointments by the president; and after the Convention they were successful in adding the Bill of Rights.

These were significant victories, but the Anti-Federalists were unsuccessful in other attempts to improve the new federal government of the Constitution. All of their ideas cannot be presented here, but a few of the more important ones appear below.

In the Senate they were unable to preserve the provisions in the Articles that would have required annual elections of U. S. senators by the state legislatures (with the power to recall any senator at any time), pay for senators by their states rather than the federal government, or senators voting together as one state delegation rather than as separate individuals.

In the U. S. House of Representatives they sought “short terms of office” and “frequent rotation” out of office for members. Only the first was achieved. Their attempts to secure substantial numbers of middle class representatives in the House through a “numerous representation” were also thwarted, making way for the aristocratic domination of that chamber. (Herbert Storing, What the Anti-Federalists Were For)

They did not prevail in replacing the overly powerful president with plural executives.

They failed to further safeguard the authority of the states by giving them more control over their own militias, limiting the taxing power of the federal government, or requiring a supermajority to approve federal measures regulating commerce between the states and between the U. S. and foreign countries.

Martin was not optimistic about the Constitution that resulted from the deliberations in Philadelphia. The federal government would break free from the few restraints placed upon it, he thought.

Fellow Anti-Federalist George Clinton agreed: Nothing would be left to the states but to “meet once in a year to make laws for regulating the height of your fences and the repairing of your roads.”

They have been proven right. Indeed, Kauffman concludes, many of the federal government’s objectionable actions “are not so much unconstitutional as they are logical extensions of the consolidationist thought of Madison, Wilson, Morris, and the nationalist faction that triumphed at Philadelphia.”

The U. S. Constitution is not without its beneficial features. Neither were the Federalists without virtue or wisdom. But this Constitution Day and afterwards, spend some time becoming acquainted with Anti-Federalist thought. Our country needs its revival now more than ever.

Luther Martin asks for a final word, and he shall have it: “Happiness is preferable to the Splendors of a national Government.”

Walt Garlington is founder of the Louisiana State Sovereignty Committee

Enjoyed This Post?

We cannot succeed without your help, as we will never accept government grants or handouts. Please help us by investing in the Constitution and freedom today!

Enjoyed This Post?

,

14 comments
JMB
JMB

The only way the people of our states can remain superior over their own state constitituons, is for the people of these states themselves, to retain, this right to demand, that their own state legislators pursue and protect those very constitutions themselves, regardless of any independent courts right, to have its own opinion, that there is something in the United States Constitution, that has dismissed this sovereign authority.

Rolf Lindgren
Rolf Lindgren

Just one other point regarding the term "strenghtening".

if you gove one federal branch veto power, or partial veto power, over another, that does not increase the net power of the federal government.

So if the president can veto the legislature, that takes power from one branch and gives it to another.

Likewise, judicial review is like a veto power, it is simply trandferring power from the executive & legislative, and putting it into the judicial branch.

Veto power does not increase overall federal power. Rather, it probably decreases it, as it is more difficult for the federalbeanch to do things.

I am talking about judicial review of federal laws. Judicial review of state laws is a separate issue.

Rolf Lindgren
Rolf Lindgren

I am in agreement that the 10th amendment is very important, one of the most important parts of thr Constitution (along with the 9th), and that states rights are needed to be emphasized these days.

PS

james madison wrote the 10th amendment.

Rolf Lindgren
Rolf Lindgren

What someone argued during the Constitutional Convention is totally different to what someone argued after the Constitution was ratified.

Once the Constitution was ratified, Hamilton did not argue for life terms for the congress or president.

I think Hmailton butchered the "necessary and proper" clause, a lot more than the general welfare clause.

Also, the problems faced by the federal goevernment in the late 1700s are far far greater than anything remotely faced by today's government.

It is my belief that these problems had an adverse influence on Hamilton's thinking (and others). Once we were an established nation, by the 1820s, things were a lot different.

If Hamilton were alive today, under today's conditions, I feel that Hamilton would vote and act very similar to Ron Paul.

And if Ron Paul were thrown into the situation of the 1790s, he might not be as pure either.

The root of the problem today is the low level of knowledge of the people. Most people have never read the Bill-of-Rights, the Constitution, the Federalist papers, Common Sense, or the Declaration of Independence. Even fewer have read their state Constitutions.

When most people are totally ignorant of the foundation of the government, it is hard to imagine any government working.

Michael Boldin
Michael Boldin

Rolf, you might be right on Hamilton...who knows, right? Obviously, no one can say for sure. I certainly appreciate your perspective and input on these important issues. I wish more people would do like you have and get an understanding of these essential discussions about the role of government.

You really hit the nail on the head with your last sentence. I agree with that 100%.

Thanks for engaging and asking tough questions here!

Rolf Lindgren
Rolf Lindgren

* The federal government today is at least 10 times bigger than anything Hamilton ever dreamed of, probably 100 times bigger. If Hamilton were alive today, he would be very difficult to distinguish from Ron Paul.

* The Virginia was not soundly defeated at the Constitutional convention. In fact it passed with only two states dissenting at the beginning of the convention. The vote was 6-2 in favor, with one state divided, and the rest not present or lacking a quorum.

* The Supreme court has just as much of a right & duty to interpret the Constitution as any other branch of government. If a law or executive action violates the Constitution, the Supreme Court has the power to weigh in with their opinion and judicial power.

That is not judicial fiat, that is following the Constitution.

Under your logic, people who have their rights violated could not go to court. What is the alternative? Under your logic, the Bill-of-Rights has no teeth, and we don;t have a free society.

Do you then believe in executive fiat of legioslative fiat?

You simply don't understand the system of checks and balances.

Another thing, the judicial branch is clearly the weakest branch of three federal branches, so a stronger judicial branch divides power more and preserves mor eliberty.

Michael Boldin
Michael Boldin

Rolf, just to be clear here - the six states that voted as you say, 6-2, did NOT vote for the virginia plan as a whole. This vote that you've referenced was only for the third of the three main resolutions of it:

3. Resolved, that a national government ought to be established, consisting of a supreme judicial, legislative and executive.

You do make some important points here, though - that I strongly agree with. Here's a couple:

1. Each of the three branches are supposed to be - and should be - co-equal.
2. Rule by fiat, whether legislative, executive OR judicial, is something I oppose

On the other hand, there's a few points you made that should be addressed:

1. Your view on Hamilton and Ron Paul. It was Hamilton himself who was first to propose the view that the general Welfare clause was a plenary grant of spending power. This is the one that has been the accepted course of the government since 1936, in a court ruling US v Butler - the courts and the congress since then have been wielding massive unconstitutional power against your liberty on that basis. This is one of the essential principles in how the government functions today, and it's something that seriously distinguishes him from Ron Paul, who views the entire Constitution in its limiting nature. Hamilton viewed it as a sweeping grant of power and Paul views it opposite.

Also, I wouldn't be in favor of strengthening the judicial branch - and see it as adding to the problem. Accepting it on its face for the sake of argument - that the other 2 branches of government are far stronger than the judicial branch, I still wouldn't support giving more power to that branch to make them equal as a solution.

What needs to be done to create the "co-equality" of the branches is not to perpetuate the ever-growing expansion of national power, but instead, reduce the power of the the other two branches to bring them back down to the level of the judiciary.

The problem, though, is that none of the three branches have much respect for the Constitution, or your liberty. And when that's the case, calling for more power in any of the three branches of government, as so many LP activists seem to do these days, is only going to make our problems worse.

Jefferson, Madison and other great founders proposed different solutions when 2 or more branches conspired against our liberty. Working through state governments to resist that overreach is one prominent recommendation from the founding generation.

It's the one we most strongly support here.

Michael Boldin
Michael Boldin

Another major issue that I forgot to include - that would separate Hamilton from Ron Paul - he pushed hard to virtually eliminate states and make everything national.

He wanted a president, senators and judges with life terms....an effective monarchy. And, he wanted governors appointed by the president, not chosen by the people in their area.

To claim that Ron Paul holds these kinds of core beliefs is patently false.

JMB
JMB

Patrick Henry thought that all this invisible “We the People” stuff, was not worth all the crap, it entrails.

JMB
JMB

Patrick Henry thought that all this invisible “We the People” stuff, was not worth all the crap, it entrails.

Larry
Larry

Bryce,
I think even Hamilton would be appalled at the reach the federal government has today.

Bryce Shonka
Bryce Shonka

It took a couple hundred years, but one could say that Hamilton's vision of reducing state power really did come to pass, even if on a practical rather than constitutional basis. I wonder what he would think about the republic we have today.

Michael Boldin
Michael Boldin

You're right, Rolf - these ideas were brought in over the years. The Virginia Plan - even though soundly defeated at the Convention, has been given to us by legislative and judicial fiat. Not the system of a "free society," that's for sure.

Rolf Lindgren
Rolf Lindgren

Madison's national veto was basically substituted with the Supremacy clause, and later bolstered by judicial review (Marbury vs Madison), and then the 14th amendment (No state shall deprive any citizen of their life, liberty or property without due process of law).