Posts tagged with: federalist papers

Even at America’s top schools, says Peter Berkowitz, graduates leave without reading our most basic writings on the purpose of constitutional self-government:
(more…)

President Obama wants his American Jobs Act passed immediately. You know this already—he made sure he delivered that message in his speech: “Pass this jobs plan right away” was his refrain. President Obama has definitely not read the Federalist Papers in a while. If he had, he would not be encouraging Congress to pass half-a-trillion dollars of new spending at a moment’s notice.

Congress is not a quick-strike team, and the Senate especially is not designed to be a rapidly responsive body. James Madison explained in Federalist #62 that it is to be slow and deliberative, because “mutable government” is ineffective and dangerous.

What indeed are all the repealing, explaining, and amending laws, which fill and disgrace our voluminous codes [under the Articles of Confederation], but so many monuments of deficient wisdom; so many impeachments exhibited by each succeeding against each preceding session; so many admonitions to the people, of the value of those aids which may be expected from a well-constituted senate?…

To trace the mischievous effects of a mutable government would fill a volume…. It poisons the blessing of liberty.

The president’s urgency is understandable—he wants desperately to help the economy, and it could use help. It was announced today that the poverty rate is higher than it has been in 28 years, that the median household income has fallen, and that the number of people with health insurance has fallen. In his jobs speech, the president asked Congress to put political games aside, saying,

The next election is 14 months away. And the people who sent us here—the people who hired us to work for them—they don’t have the luxury of waiting 14 months. Some of them are living week to week, paycheck to paycheck, even day to day. They need help, and they need it now.

The irony may be painful, but President Obama was begging assistance from a body designed to fail him. And if Congress does pass something, the rich will be much more able to take advantage of the unintended consequences of the bill—as Madison put it:

Another effect of public instability is the unreasonable advantage it gives to the sagacious, the enterprising, and the moneyed few over the industrious and uniformed mass of the people.

Nobody actually expects relief for the poor from the Jobs Act, because economic growth isn’t generated by money taken out of the hands of productive businesses and entrepreneurs. (Google “cost of stimulus jobs” for a dark laugh.) It takes time to build up a business that contributes to the economy—Americans don’t really believe that 20th century progressives discovered the secret of warp speed, government-catalyzed growth.

In the mean time, who takes care of those who live “week to week” and “day to day?” Private institutions, of course (see Acton’s Principles for Budget Reform): churches and local charities and other groups that are equipped to provide assistance in less than 14 months. As Bruce Walker explained in an Acton Commentary last Christmas,

If one relies on government programs to help the poor, how can one be blamed for asserting “I gave at the office” rather than ponying up at the Salvation Army drum or the church collection basket, or buying a Christmas goose for the laid-off father of the family at the end of the block?

It’s getting too easy to pick on this administration.

Earlier this week on the Acton Institute Facebook page, Rev. Sirico’s archived article “What is Capitalism?” was posted and sparked a lively discussion between two people (click here to see our Facebook page and the discussion). This blog post is to serve as my response.

Your idea of communionism, at least from what I understand from your comments, bears some resemblances to communism which has the end goal of society or the community possessing property in common. This, however, doesn’t preserve human dignity properly; nor does not foster interdependence among people. Instead it creates a society dependent on a centralized government.

In his Summa Theologica, Thomas Aquinas explains some of the core the problems with common property. Like Aristotle, he notes, that individuals are better managers of property because it allows for a more orderly fashion of management, and as he states “human beings content with their own property live in a condition of peace. And so we observe that quarrels arise rather frequently among those who possess goods in common not individually.” The quarrels can arise because no individual is specifically responsible for the care of the common property. There is no person who feels like he or she has stake in the property. A direct result, and historical example, of common property is the tragedy of the commons.

In Capital Marx argues that there is no value in human labor per se. He states “human labour, creates value, but is not itself value. It becomes value only in its congealed state, when embodied in the form of some object.” This is contrary to Christian beliefs. There is intrinsic value in human labor itself. To work is a calling and a form of stewardship. In the encyclical Laborem Exercens, (“On Human Work”), Pope John Paul II explains how working is a direct expression of our human dignity. Such preservation of human dignity cannot be found in a system that devalues work.

The idea of property that you advocate is also found in Marx’s Capital and the Manifesto of the Communist Party. This idea is flawed on many levels. It doesn’t take into account that the entrepreneur purchases the raw goods that the workers use to make the end product. As a result, based on any definition of property, the entrepreneur is the sole owner of the raw goods and it is his or her private property, not the worker. The worker engages in a contract with the entrepreneur in an exchange of services. Just because the worker uses his or her services, which he or she is paid for by the entrepreneur, does not translate into the worker becoming the owner of the raw good which becomes the final product.

The idea of private property that you advocate, rescinding property rights for all corporations, is dangerous on many levels. It puts political rights, religious rights, and all private property rights in danger. Marx notes that the abolition of private property for the bourgeois leads to the abolition of family because, according to his argument, the family is rooted in property and private gain. Furthermore, Marx articulates that his beliefs, which bring forth a communist centralized system, also abolish religion.

In Federalist Paper No. 10 James Madison argues how the first object of any government is the protection of property. Furthermore, in Democracy in America Alexis de Tocqueville explains that what makes America successful is its protection of private property for all. No landed property class exists. He articulates how the protection of private property translates into the protection of political rights even to the least of all citizens. Furthermore the right to property fosters “…obedience to established law, of the influence of good mores in republics, and of the assistance that religious ideas lend to order and freedom…” What makes America special and successful, according to Tocqueville, is the protection of rights for all people. As Tocqueville demonstrates, the right of property needs to be protected because other rights stem from it. This right extends to even corporations. Rights should be guaranteed for all, not winners and losers picked by the government.

Again, private property should be protected at all levels, for both individuals and corporations. Hernando de Soto explains this in his book and in an essay both titled, The Mystery of Capital. Through examples found in his essay, book, and case studies (which can be found by clicking here), de Soto effectively argues using proven facts, statistics, and real world examples that the protection of capital and private property rights has led to economic prosperity in the west, whereas the lack of protection is a leading reason to the economic disparity in poor countries. If we fail to protect private property rights on all levels, then we begin down a path of economic decline. Without the protection of private property rights, and an effective legal structure to guarantee such protection, the wrong message is being sent to businesses. No business will want to invest in an economic climate that is hostile towards them.

A market system, which is what Rev. Sirico argues for in his article “What is Capitalism?” actually fosters virtues that all Christians value. This is articulated by Stephen Grabil in his essay “The Market, School of Virtue.” Here Grabil shows that greed is not what makes a free market churning, but instead it is virtue. Some of the virtues fostered in a free market are trustworthiness, self-control, sympathy, and fairness. Jay Richards, author of Money, Greed, and God: Why Capitalism Is the Solution and Not the Problem, demonstrates that greed is a vice which even Adam Smith condemned. Richards also shows why greed does not lead to a successful market economy, but actually destroys it.

In regards to the referenced Fulton Sheen article titled “New Slavery” it is important to note that the article was written in 1943 when many monopolies were present in the market. Acton has never believed in or supported crony capitalism. Monopolies do not allow competition which is bad for the consumer and the worker. Also, Sheen does not advocate for the end of private property in his article. Instead he says we have a right to private property and our use of it should be righteous “Possession [of property] has two faces, two aspects: we all have a right to private property, but this is accompanied by our responsibility for its righteous use.” As Sirico articulates in the posted article, when the market is structured successfully it is the consumer who has primary control and then next is the worker. This is because of competition. Monopoly capitalism comes when the government gets into bed with businesses, and essentially block new entrepreneurs and potential new competitors from entering into the market.

Free markets are not just about an economic system. It is something greater than economics, it is about freedom. The freedom to choose what to purchase, the freedom for the worker to find an employer and not be forced into employment with the state or a monopoly, and the freedom to hold property and have it protected, this freedom is what capitalism is about. Tocqueville saw this in his visit to America and correctly articulated how the protection of private property, in all levels, has led to the great freedom Americans enjoy. However, Tocqueville also recognized the need for virtuous men and women because he knew America cannot succeed, nor its structure of government without them. As he states, “There are no great men without virtue; without respect for rights, there is no great people: one can almost say that there is no society; for what is a union of rational and intelligent being among whom force is the sole bond?”

Blog author: jballor
Monday, June 19, 2006
By

There’s a new e-version of The Federalist Papers produced by Edward O’Connor. The innovation with this edition compared to all the other various electronic iterations of the papers is the ability to link to an exact paragraph within a particular paper. O’Connor says of the impetus for the endeavor, “I haven’t been able find one that was simultaneously nice-looking and useful (useful insofar as pinpoint linkability is concerned, at least).”

James Madison (1751–1836)

The URL is based on the number of the paper, followed by the number sign #, followed by the paragraph number (preceded by the marker “p”). So that, for example, a link to Federalist No. 37, paragraph 3, would take the following form: http://federali.st/37#p3, which begins:

It is a misfortune, inseparable from human affairs, that public measures are rarely investigated with that spirit of moderation which is essential to a just estimate of their real tendency to advance or obstruct the public good; and that this spirit is more apt to be diminished than promoted, by those occasions which require an unusual exercise of it.

“The true natural check on absolute democracy is the federal system, which limits the central government by the powers reserved, and the state governments by the powers they have ceded,” wrote Lord Acton.

Acton called federalism “the best curb on democracy,” because it “assigns limited powers to the central government. Thereby all power is limited. It excludes absolute power of the majority.” He also described federalism as “the only barrier to Democracy,” which “generally monopolizes and concentrates power.”

“The common vice of democracy is disregard for morality,” he said, and observed that “Americans dreaded democracy and contrived their constitution against it.”

Acton defined federalism as “coordination instead of subordination; association instead of hierarchical order; independent forces curbing each other; balance, therefore, liberty.”

For more, see Acton’s James Madison entry In the Liberal Tradition.

HT: The Volokh Conspiracy via The Remedy