There’s Much More than just the Federalist Papers

Neat Stuff We Learn About the Constitution When We Go Beyond The Federalist Papers

If you want to know more about the Constitution, don’t rely exclusively—or even primarily—on the Federalist Papers.

For a good illustration of what other authors can teach us, read on.

During the 1787-90 ratification debates over the Constitution, much more than The Federalist was written to illustrate the document’s meaning.

True, The Federalist is among the greatest works of political science ever composed. ButThe Federalist represents the views only of three (admittedly very influential) authors among the scores, perhaps hundreds, who published on the Constitution.

The Federalist would not even be my first choice for introducing students to the Constitution’s meaning. (That would be the essays of Tench Coxe.) People found The Federalist hard going, which limited its influence. The Federalist may have been more important as a “talking points” manual for the Constitution’s advocates than for its direct influence on the ratifying public.

Also, you can learn a lot by reading other things. Consider the “Letters from New York” that appeared in the Connecticut Journal newspaper on October 24 and 31, 1787, just as Connecticut was considering whether to ratify. The writer, whose identity is unknown, was promoting ratification. His or her two letters explain his or her view of the philosophy behind the Constitution and the meaning of important clauses.

I’ve provided a copy of the letters here. They are taken from the third volume of the Wisconsin Historical Society’s Documentary History of the Ratification of the Constitution. Following are four of the author’s insights:

First: The author accepts that the Constitution is a direct grant of power from the people to the new federal government, rather than a compact among the states. (As I explain in my book, The Original Constitution, this was the dominant, although not universal, view at the time.) Thus, in discussing the difference between the prior regime and the Constitution, the author writes:

There is not a single power granted to the Congress, by this Constitution, but what the people have ever granted to the assemblies of the states, and there is no privilege held by the people, with respect to the choice of their legislature and executive authority, but what is secured to them by this Constitution. The whole of the difference consists in this: part of the power granted by the people to the governor and assemblies of the states will be, by this Constitution, taken out of their hands and placed in the President of the United States and the Congress. The sole question, therefore, is which would answer the purposes of the people of the United States the best?

Second: As did James Madison in The Federalist, the author assures the public that the powers of the federal government are sharply delineated: “The legislative and executive powers prescribed by this Constitution are clearly defined, judiciously limited and constitutionally settled.”

This conflicts with the claims of many modern liberals (such as Justice Ginsburg, in the Obamacare case) that the Constitution’s Commerce Power granted the vague and expansive authority that would have been granted under the Virginia Plan. It also conflicts with the claims of many conservatives and some liberals that the President’s “executive power” is limited only by exceptions carved into it by Article II. (For a discussion of this subject, see my article here.)

The Original Constitution

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Third: The “Letters from New York” re-affirm that the “militia”—and by implication the right to keep and bear arms—is very broad. The author writes, “The militia comprehends all the male inhabitants from sixteen to sixty years of age. . . .”

Fourth: The Letters confirm another point I make in The Original Constitution: That the nine-state threshold for adopting (and proposing amendments to) the Constitution was based on the belief that even the smallest nine states would contain a majority of the people:

Omitting many other excellent parts of this Constitution, I will just make one observation on the 7th Article, which says: “The ratification of nine states shall be sufficient for the establishment of this constitution, between the states so ratifying the same,” which I do not think by any means incompatible with the 13th Article of our Confederation. The will of a majority of the people hath always been considered by the people of this country as sufficient to determine and bind the minority; and upon this principle the article alluded to ought to be construed.

About Rob Natelson

In private life, Rob Natelson is a long-time conservative/free market activist, but professionally he is a constitutional scholar whose meticulous studies of the Constitution's original meaning have been published or cited by many top law journals. (See: www.constitution.i2i.org/about/.) Most recently, he co-authored The Origins of the Necessary and Proper Clause (Cambridge University Press) and The Original Constitution (Tenth Amendment Center). After a quarter of a century as Professor of Law at the University of Montana, he recently retired to work full time at Colorado's Independence Institute.

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8 comments
Act or be Acted Upon
Act or be Acted Upon

I continue to be surprised by Mr. Natelson's adherence to the philosophy that the U.S. Constitution was a grant from the people to the federal government rather than a compact amongst 13 sovereign states banding together to do a few specific things for their common good.  I can find nothing in the quotes above that could not also be construed to support this doctrine.

 

I would suggest that those who are serious about further pursuing this most important topic would profit by reading Abel Upshur's "A Brief Enquiry into the True Nature and Character of Our Federal Government".  http://www.constitution.org/ups/upshur.htm

 

It was written back in the 1840s by a highly respected judge, who later became secretary of the Navy and then Secretary of State under President Tyler.

 

It is one of the most thorough, well reasoned and logical explanations of the true nature of our federal government, with ample footnotes and historical facts, that I have ever read.

 

Every serious tenther should read this and recommend it to their friends.  It provides a very solid framework and foundation upon which to build a sound case for the necessity and appropriateness of nullification of unconstitutional federal laws and regulations.

 

I'd like to see the TAC do a lot more promotion of Judge Upshur's works if they really want to promote the soundness of the nullification doctrine.

indio007
indio007

 

How bout you rely on the Minutes of the Constitutional Convention itself....

Here's what they did regarding paper money.... The prohibited the US from printing. That's why the FED does it . The US simply RECOGNIZES Fed money as currency

 

 

Mr. Govr. MORRIS moved to strike out “and emit bills on the credit of the U. States”-If the United States had credit such bills would be unnecessary: if they had not, unjust & useless.

Mr. BUTLER, 2ds. the motion.

Mr. MADISON, will it not be sufficient to prohibit the making them a tender? This will remove the temptation to emit them with unjust views. And promissory notes in that shape may in some emergencies be best.

Mr. Govr. MORRIS. striking out the words will leave room still for notes of a responsible minister which will do all the good without the mischief. The Monied interest will oppose the plan of Government, if paper emissions be not prohibited.

Mr. GHORUM was for striking out, without inserting any prohibition. if the words stand they may suggest and lead to the measure.

Col. MASON 20 had doubts on the subject. Congs. he thought would not have the power unless it were expressed. Though he had a mortal hatred to paper money, yet as he could not foresee all emergences, he was unwilling to tie the hands of the Legislature. He observed that the late war could not have been carried on, had such a prohibition existed.

Mr. GHORUM. The power as far as it will be necessary or safe, is involved in that of borrowing.

Mr. MERCER was a friend to paper money, though in the present state & temper of America, he should neither propose nor approve of such a measure. He was consequently opposed to a prohibition of it altogether. It will stamp suspicion on the Government to deny it a discretion on this point. It was impolitic also to excite the opposition of all those who were friends to paper money. The people of property would be sure to be on the side of the plan, and it was impolitic to purchase their further attachment with the loss of the opposite class of Citizens

Mr. ELSEWORTH thought this a favorable moment to shut and bar the door against paper money. The mischiefs of the various experiments which had been made, were now fresh in the public mind and had excited the disgust of all the respectable part of America. By witholding the power from the new Governt. more friends of influence would be gained to it than by almost any thing else. Paper money can in no case be necessary. Give the Government credit, and other resources will offer. The power may do harm, never good.

Mr. RANDOLPH, notwithstanding his antipathy to paper money, could not agree to strike out the words, as he could not foresee all the occasions which21might arise.

Mr. WILSON. It will have a most salutary influence on the credit of the U. States to remove the possibility of paper money. This expedient can never succeed whilst its mischiefs are remembered, and as long as it can be resorted to, it will be a bar to other resources.

Mr. BUTLER. remarked that paper was a legal tender in no Country in Europe. He was urgent for disarming the Government of such a power.

Mr. MASON was still averse to tying the hands of the Legislature altogether. If there was no example in Europe as just remarked, it might be observed on the other side, that there was none in which the Government was restrained on this head.

Mr. READ, thought the words, if not struck out, would be as alarming as the mark of the Beast in Revelations.

Mr. LANGDON had rather reject the whole plan than retain the three words “(and emit bills”)

On the motion for striking out

N. H. ay. Mas. ay. Ct ay. N. J. no. Pa. ay. Del. ay. Md. no. Va. ay.23 N. C. ay. S. C. ay. Geo. ay. 22

The clause for borrowing money,25 agreed to nem. con.

 

 

LisaFisk
LisaFisk

 @indio007 That would be all well and good if the Federal Reserve were either Federal or a Reserve, which it is neither. It is an independent institution,and like any institution, once you let the inmates run it, everything goes balls up.

indio007
indio007

 @LisaFisk  @indio007 That was just my point. Everyone thinks the US issues the currency. The Fed does and they are private. They have to let a private party issue paper money if they want paper money to circulate. 

 

The thing that gets me is FRN's maybe legal tender but there is no law that makes them the ONLY legal tender. Recognition of something is not the same as exclusivity.

West Texan
West Texan

The U.S. Constitution's own Bill of Rights goes to the very heart of the ratification debates as summarized by The Federal Farmer in 1787 where he wrote "There are certain unalienable and fundamental rights, which in forming the social compact , ought to be explicitly ascertained and fixed-a free and enlightened people ... will not resign all their rights to those who govern, and they will fix limits to their legislators and rulers ...", and "These rights should be made the basis of every constitution ...". Talk about precedent. Like Moses who delivered God's Ten Commandments, Madison gave us the first ten amendments. IMHO, the Bill of Rights is the supreme law of the land which all constitutional decisions must be based.

RockyVnvmc
RockyVnvmc

"13th Article of our Confederation. The will of a majority of the people hath always been considered by the people of this country as sufficient to determine and bind the minority"; I shall respond with a 'quote' from Benjamin Franklin; ' Democracy is two wolves and a sheep sitting down to discuss what to have for dinner', 'Liberty is a well armed sheep contesting the vote.'

WilliamSchooler
WilliamSchooler

I would have to ask what is the definition of these 9 states? These 9 defined land masses?

The 9 defined Republics?

These 9 representations of states?

These 9 states of condition?

 

These 9 states would contain the majority of people, are these the public in a republic of this state? Which majority were they referring to?

 

I have always been very interested in the Federal principals of Government, but the only real principals I found live in our Declaration of Independence and should it be used as a choice making tool the argument would end because it can be shown by results the very thing it supports. Federalist were funny people to me all working to be scholars rather than supporting the basics of ourselves. Attempting to impress upon rather than showing an enormous difference between authority and the natural act of life itself which is to be allowed and to grow. I have read some of these papers with amazement why so many really valued these folks.

 

Of course I look at the lack of my constitution now and see the accounts of all this thinking because I must be right, I thought of it myself and that makes it right, right?

 

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