Posts tagged with: james madison

Blog author: rnothstine
posted by on Friday, February 3, 2012

James Madison has rightfully been forever identified as father of the U.S. Constitution, author of the Bill of Rights and coauthor of the Federalist Papers. In his new biography of America’s fourth president, Richard Brookhiser introduces us to Madison the politician. In many ways, Madison is the father of modern American politics, with all its partisanship, wheeling and dealing, vote getting, partisan media, and popular opinion polling.

Brookhiser helps us to see the early framers as they were, brilliant men, who more often than not, waded into petty partisan squabbling. They were not afraid to roll up their sleeves and unleash a sharp pen to advance power and their party’s ideas. Madison, who was quick to understand that political contention would reign in the new Republic, organized political coalitions and allies for the purpose of power.

Madison is also the architect of hyper partisan newspapers like the National Gazette in New York City. A publication that soon begins to slam Federalists like Alexander Hamilton and even Madison’s fellow Virginian George Washington. Like Jefferson, he was a Francophile to the extreme. Hamilton would counter that Jefferson and Madison “had a womanly attachment to France.” Jefferson and Madison would often write letters to their revolutionary heroes in France, and by the time those letters crossed the Atlantic, the intended recipients were already victims of the guillotine.

Over his political life, Madison could also be quick to change course, especially when it benefited him and his presidential administration. Long an opponent of many Federalist policies, when the nation needed sound fiscal policy and a strong military because of war, he simply reversed course, and implemented ideas he had once fervently opposed. At times, he favored a strong centralized government, and especially when Federalists were in power, he favored strong state governments.

Because of poor health, Madison had a premonition that he would die as a young man, but he outlived almost all of his contemporaries (1751-1836). Madison as elder statesmen spoke out strongly against nullification, an issue that has been resurrected today because of ObamaCare and other federal power grabs. He did not believe a single state could nullify a federal law. At the same time, he also made strong arguments for strict constructionist views of constitutional interpretation. He vetoed a transportation bill that would have funded roads and canals because it was not specifically enumerated and did not fall under the commerce clause. The U.S. Supreme Court would later declare that it did fall under the clause within Madison’s lifetime. Madison believed such legislation “would have the effect of giving to Congress a general power of legislation.”

Later in life he also worried that political parties were becoming too regional. “Parties . . . must always be expected in a government as free as ours. When the individuals belonging to them are intermingled in every part of the whole country, they strengthen the union of the whole, while they divide every part,” said Madison. He easily foresaw that the Missouri Compromise was spiraling toward dangerous disunion. Madison owned over 100 slaves and Brookhiser points out that unlike Jefferson, he did not offer lofty rhetoric concerning the evils of slavery. And unlike Washington, he did not free his slaves upon death. Later in life, Madison declared the whole bible to be against slavery and toyed with the idea of moving slaves to Liberia or out West, but offered no real feasible solutions on the issue.

His strict interpretive views of the Constitution made him an early opponent of the need for a Bill of Rights. Madison feared that listing rights in the Constitution might ultimately void the rights that were not specifically mentioned. Ultimately, he would be a champion of the Bill of Rights and had already heavily influenced them in his previous work in drafting the Virginia Declaration of Rights. Madison challenged George Mason who wanted a clause about tolerating religion. Brookhiser wonderfully explains Madison’s contribution to religious liberty:

Madison, half Mason’s age, improved his language, proposing a crucial change to the clause on religious liberty. Mason’s draft, reflecting a hundred years of liberal thought going back to John Locke, called for “the fullest toleration in the exercise of religion.” Yet this did not seem liberal enough for Madison. Toleration implies those who tolerate: superiors who grant freedom to others. But who can be trusted to pass judgments, even if the judgment is to live and let live? Judges may change their minds. The Anglican establishment of Virginia, compared with established churches in other colonies, had been fairly tolerant – except when it hadn’t, and then it made water in Baptists’ faces. So Madison prepared an amendment. “All men are equally entitled to the full and free exercise” of religion. No one could be said to allow men to worship as they wished; they worshipped as they wished because it was their right as men. Madison’s language shifted the ground of religious liberty from a tolerant society or state, to human nature, and lifted the Declaration of Rights from an event in Virginia history to a landmark of world intellectual history (23, 24).

For much of Madison’s political career he plotted behind the scenes with his friend and mentor Thomas Jefferson to destroy their political rivals. Madison often carried out the dirtier work of politics so Jefferson could appear above the fray as a man of the people. He was instrumental in creating a young republic that was ruled by Virginians in Jefferson, Madison, and James Monroe. Republicans accused Federalists of trying to create a ruling faction, but the Virginian statesmen were even more adept in creating a political dynasty. But Brookhiser also helps to bring to life a snippet of the beautiful correspondence between two lifelong friends and Virginians in Jefferson and Madison. Jefferson also entrusted Madison as the guardian of his legacy in America and as an overseer of the continued flourishing of the University of Virginia.

While this book is a good introduction to Madison, it is perhaps woefully short at 250 pages for a complete study of the fourth president and founding statesmen. Brookhiser’s strength lies in deconstructing Madison and unveiling his flaws and partisanship, and his political genius as well.

Some on the political right or some classical liberals say we need to go back to the Founding period or we need to follow America’s Founders as if they were all of one accord. They forget even the Founders trampled on the constitution with measures like the Alien and Sedition Acts or the Louisiana Purchase when it suited them. Brookhiser concludes that while politics has changed, it has not to the degree that “would make it unrecognizable” to Madison.

“His intelligence and his knowledge of history showed him how this tension between different political spheres could be built into the Constitution as a bulwark of liberty, though he came to believe that appealing to popular opinion through the arts of argument and politics was a bulwark at least as strong.” says Brookhiser. “If men were angels, no government would be necessary,” said Madison. That we do have a government that has lasted for 225 years is a testament to this great man. And he would be the first to say it could be improved and fight for that improvement.

Blog author: kspence
posted by on Tuesday, September 13, 2011

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.

Blog author: rnothstine
posted by on Wednesday, August 24, 2011

My commentary this week addresses the importance of federalism and our fundamental founding principles in relation to the problems that plague the nation. There was once plenty of commentary and finger pointing in regards to setting a new tone of political and civil discourse in the nation. However, the more the Washington power structure is threatened by those unsatisfied with where the leadership is taking us, the more those demanding a return to first principles will be splattered with, at times, revolting words and admonishment from those who think they know best. The commentary is printed below:

The Folly of More Centralized Power

by Ray Nothstine

Americans’ satisfaction and feeling of connection with Washington has dwindled to an all time low. According to a recent Rasmussen survey, only 17 percent of likely voters believe that the federal government has the consent of the governed. The numbers are hardly surprising. Congress recently cut a deal to saddle Americans with trillions of dollars in more debt. Shortly thereafter, one congressional member lashed out at a town hall last weekend demanding the tea party, which has been pushing back against big government, “go straight to hell.”

President Barack Obama, whose approval has sunk to a new low, is trying to recast himself as a Washington outsider as he heaps more blame on Congress, which is not exactly winning any popularity contests these days either. In The Washington Post, a political strategist offered this assessment: “The best place for a politician to be in 2012 is not on the ballot.”

Disenchantment with Washington is of course nothing new, but many Americans have grown weary of leaders calling for added federal spending and demands for shared sacrifice by way of tax increases. Washington’s inability to balance budgets and restore fiscal responsibility, a problem magnified by a crippled economy, has also bankrupted the public trust. Citizens who take summer vacations to the nation’s capital can easily connect the dots as they observe a Washington Beltway that is booming with jobs and opportunity as tax dollars siphon into the region, even while their own communities are ravaged by job loss and businesses struggle under regulatory burdens.

Earlier this month Salon Magazine ran a piece titled “The Real Confidence Crisis,” which proclaims that the solution to a broken government buried in debt by entitlements, runaway spending, and disorder is — more government. In other words, government must only be managed properly to work for us again.

Similarly, Time Magazine in 2010 published an article asserting that Washington was ineffective because bills were written to pass Congress, not to be effective. The problem solvers of our national ills only need to convince people that government can be competent again. All that America needs is a new generation of skilled technocrats to babysit the federal bureaucracy.

In contrast to this solution, in Federalist No. 45, James Madison declared, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite.” Madison further articulated the case against the centralization of power not specifically enumerated to the federal government by saying, “The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the state.”

The Acton Institute’s Principles for Budget Reform make the point that in order to solve the debt crisis and political crises that plague us, “it is incumbent to ask again the basic questions about the role of government, at federal as well as state and local levels.” Madison, the architect of the U.S. Constitution, also had a role in the development of Virginia’s Constitution. Included in that document are the lines, “That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.”

Furthermore, those looking to the federal government to solve the nation’s ills and meet their needs will continue to be disappointed. People feel disconnected from their federal government not only because they are separated geographically, culturally, ideologically, but also because they believe that their access to the political process has been severed. They doubt whether their representatives actually have the best interests of the nation in mind.

Now more than ever, as Washington multiplies our country’s ailments instead of curing them, politicians will continue to attempt to shift the blame for a financially and morally broken government in their effort to cling to power. The fight for Washington to surrender power will produce an epic conflict, however. It’s not just the vitriolic rhetoric that evidences the upcoming battle; centralized power is now so sacred that, against any proposals to limit the powers of the state, some professional clergy stand guard, ready to encircle the bureaucracy in prayer and offer their bodies for arrest.

Some in our churches and in government may disparage the tea party, and even wish its members a speedy banishment to Hell. But the tea party might be the powerful reminder we need to remind us that Washington can’t create Heaven on Earth. The sooner we take that advice seriously, and get our house in order, the better off we’ll all be.

Blog author: lglinzak
posted by on Thursday, June 30, 2011

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?”

A brilliant assessment of where we are. (HT: American Orthodox Institute Observer).

Subject to the governor of the universe: The American experience and global religious liberty

March 1, 2011 – Most Rev. Charles J. Chaput, O.F.M. Cap., Archbishop of Denver, addressed the Berkley Center for Religion, Peace and World Affairs at Georgetown University.


A friend once said – I think shrewdly — that if people want to understand the United States, they need to read two documents.  Neither one is the Declaration of Independence.  Neither one is the Constitution.  In fact, neither one has anything obviously to do with politics.  The first document is John Bunyan’s The Pilgrim’s Progress.  The second is Nathaniel Hawthorne’s The Celestial Railroad

John Bunyan

Bunyan’s book is one of history’s great religious allegories.  It’s also deeply Christian.  It embodies the Puritan, Protestant hunger for God that drove America’s first colonists and shaped the roots of our country. 

Hawthorne’s short story, of course, is a very different piece.  It’s one of the great satires of American literature.  A descendant of Puritans himself, Hawthorne takes Bunyan’s allegory – man’s difficult journey toward heaven – and retells it through the lens of American hypocrisy: our appetite for comfort, easy answers, quick fixes, material success and phony religious piety.

Bunyan and Hawthorne lived on different continents 200 years apart.  But the two men did share one thing.  Both men – the believer and the skeptic — lived in a world profoundly shaped by Christian thought, faith and language; the same moral space that incubated the United States.  And that has implications for our discussion today.

In his World Day of Peace message earlier this year, Pope Benedict XVI voiced his concern over the worldwide prevalence of “persecution, discrimination, terrible acts of violence and religious intolerance.”i   In reality, we now face a global crisis in religious liberty. As a Catholic bishop, I have a natural concern that Christian minorities in Africa and Asia bear the brunt of today’s religious discrimination and violence.  Benedict noted this same fact in his own remarks.

(more…)

Blog author: jcouretas
posted by on Thursday, December 16, 2010

In “Human Nature and Capitalism” on AEI’s The American, Arthur C. Brooks and Peter Wehner look at three different “pictures” of what it means to be human and point to the one, foundational understanding that has undergirded the flourishing American culture of democratic capitalism:

“If men were angels,” wrote James Madison, the father of the Constitution, in Federalist Paper No. 51, “no government would be necessary.” But Madison and the other founders knew men were not angels and would never become angels. They believed instead that human nature was mixed, a combination of virtue and vice, nobility and corruption. People were swayed by both reason and passion, capable of self-government but not to be trusted with absolute power. The founders’ assumption was that within every human heart, let alone among different individuals, are competing and sometimes contradictory moral impulses and currents.

This last view of human nature is consistent with and reflective of Christian teaching. The Scriptures teach that we are both made in the image of God and fallen creatures; in the words of Saint Paul, we can be “instruments of wickedness” as well as “instruments of righteousness.” Human beings are capable of acts of squalor and acts of nobility; we can pursue vice and we can pursue virtue.

And they draw a parallel to institutions of government where democracy, with all of its flaws, also works itself out to be the most fitting form of government under this model of human nature. When I engage with critics of the market economy, I use the following Churchill quote but substitute “market economy” for “democracy.” Valid, I think, because we have some disastrous experience with political systems that do not operate in concert with a more or less open market.

Many forms of Government have been tried and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time. — Winston Churchill (House of Commons, Nov. 11, 1947)

Brooks and Wehner:

… our “picture of human nature” determines, in large measure, the institutions we design. For example, the architects of our government carefully studied history and every conceivable political arrangement that had been devised up to their time. In the course of their analysis, they made fundamental judgments about human nature and designed a constitutional form of government with it in mind.

What is true for creating political institutions is also true for economic ones. They, too, proceed from understanding human behavior.

It is hard to overstate the importance of this matter. The model of human nature one embraces will guide and shape everything else, from the economic system one embraces (free-market capitalism versus socialism) to the political system one supports (democracy versus the “dictatorship of the proletariat”). Like a ship about to begin a long voyage, a navigational mistake at the outset can lead a crew to go badly astray, shipwreck, and run aground. To use another metaphor, this time from the world of medicine: A physician cannot treat an illness before diagnosing it correctly; diagnosing incorrectly can make things far worse than they might otherwise be.

Those who champion capitalism embrace a truth we see played out in almost every life on almost any given day: If you link reward to effort, you will get more effort. If you create incentives for a particular kind of behavior, you will see more of that behavior.

A free market can also better our moral condition—not dramatically and not always, but often enough. It places a premium on thrift, savings, and investment. And capitalism, when functioning properly, penalizes certain kinds of behavior—bribery, corruption, and lawlessness among them—because citizens in a free-market society have a huge stake in discouraging such behavior, which is a poison-tipped dagger aimed straight at the heart of prosperity.

Read the full article on The American.

Blog author: jcouretas
posted by on Friday, March 28, 2008

Russian emigre philosopher Georgy Fedotov (1888-1951) proposed two basic principles for all of the freedoms by which modern democracy lives. First, and most valuable, there are the freedoms of “conviction” — in speech, in print, and in organized social activity. These freedoms, Fedotov asserted, developed out of the freedom of faith. The other principle of freedom “defends the individual from the arbitrary will of the state (which is independent of questions of conscience and thought) — freedom from arbitrary arrest and punishment, from insult, plundering and coercion on the part of the organs of power … ”

In an ideal world, all of these freedoms would be present. But Fedotov also cautioned that “freedom is the late, refined flower of culture.”

For the flower to bloom, the roots need to be watered. A free society, from the ground up, requires a respect for the rule of law, a judiciary and police force that aren’t easily bought, a political culture that knows how to rid itself of corruption, and a vigorous free press to keep the pols and bureaucrats honest. I would also add a liberal measure of economic freedom and property rights that secure wealth from the “arbitrary” plunder of the government.

All of which gets us back to Russia. In an interview this week in the Financial Times, President-elect Dmitry Medvedev pledged to root out the “legal nihilism” that plagues his country. Excerpt:

[Medvedev's] starting point is his legal background – he is, he says, “perhaps too much of a lawyer”. Meticulous and precise, he sees almost every issue through the prism of legal thinking. But behind the occasionally laboured language lies a deeper goal. Mr Medvedev says he wants to do what no Russian leader has done before: embed the rule of law in Russian society.

“It is a monumental task,” he agrees, switching momentarily to English. “Russia is a country where people don’t like to observe the law. It is, as they say, a country of legal nihilism.”

The pledge to overcome “legal nihilism” became a central part of Mr Medvedev’s low-key election campaign. It seems a restatement of Mr Putin’s own promise eight years ago to establish a “dictatorship of laws”, although critics say Mr Putin delivered too much of the former and not enough of the latter. Even today, Russians quote the 19th-century satirist Mikhail Saltykov-Shchedrin’s aphorism that “the severity of Russian laws is alleviated by the lack of obligation to fulfill them”. The result is a society plagued by endemic corruption, arbitrary use of the law by the state against individuals or companies – and by companies against each other – and a judiciary that has never known genuine independence.

To paraphrase, all democracy is local. One of the strengths of the American democratic tradition is its intensely local nature. Most Americans’ experience with democracy happens when they vote for a judge, attend a school board meeting, or run afoul of the local traffic cop. If democracy doesn’t work at this level, it doesn’t work at all. As Medvedev pointed out to his interviewers: “When a citizen gives a bribe to the traffic police, it probably does not enter his head that he is committing a crime … People should think about this.”

But bribing a cop is a moral issue, just as much as it is, if not exactly a political crime, then a seemingly simple act of convenience. Morality cannot be legislated, but it can be taught and for this we need the Church and the family and those other neighborhood groups, charities, and small businesses, that act as civic training grounds and make up a healthy community. Edmund Burke called these “the little platoons” of society. (more…)

Blog author: jballor
posted by on Monday, June 19, 2006

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