Penguin Guide to the United States Constitution: A Fully Annotated Declaration of Independence (15 page)
Authors: Richard Beeman
Tags: #Constitutional History, #History, #Political Ideologies, #Reference, #Democracy, #American Government, #Constitutional, #History & Theory, #General, #United States, #Sources, #Political Science, #Law, #Constitutions
AMENDMENT XXVI (1971)
SECTION 1
It is no accident that this amendment giving citizens eighteen years or older the right to vote was passed at the height of the Vietnam War. Some of the reasoning behind the amendment was that if young men and women are old enough to serve and risk their lives in the military, then they should also be given the right to vote.
AMENDMENT XXVII (1992)
The Twenty-seventh Amendment was originally part of the package of twelve amendments submitted to the states by the First Congress in 1789, but it was not ratified at that time. Agitation to reconsider the amendment resurfaced in the 1980s, as the public became increasingly unhappy over a series of pay raises that members of Congress awarded themselves. The provisions of this amendment make it impossible for members of Congress to put into effect increases in their salaries before the session in which they are serving has ended. By this mechanism, members of Congress seeking reelection have to justify their proposed increases in salary to voters during their reelection campaigns.
One of the most famous pieces of writing in all American history, “Federalist No. 10” takes a distinctly modern approach to the existence of “faction” and “interests” in American politics. Whereas most eighteenth-century commentators believed that the key to good government was to elect virtuous political leaders capable of transcending their own selfish interests, Madison accepted the existence of conflicting interests as an inherent part of any pluralist society. The best way to control the effects of faction, Madison argued, was to extend the sphere of government over a sufficiently large territory so that no one faction could obtain undue influence and subvert the public good.
SECTION 1
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
SECTION 2The Congress shall have power to enforce this article by appropriate legislation.
It is no accident that this amendment giving citizens eighteen years or older the right to vote was passed at the height of the Vietnam War. Some of the reasoning behind the amendment was that if young men and women are old enough to serve and risk their lives in the military, then they should also be given the right to vote.No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
The Twenty-seventh Amendment was originally part of the package of twelve amendments submitted to the states by the First Congress in 1789, but it was not ratified at that time. Agitation to reconsider the amendment resurfaced in the 1980s, as the public became increasingly unhappy over a series of pay raises that members of Congress awarded themselves. The provisions of this amendment make it impossible for members of Congress to put into effect increases in their salaries before the session in which they are serving has ended. By this mechanism, members of Congress seeking reelection have to justify their proposed increases in salary to voters during their reelection campaigns.SELECTIONS FROM
THEFEDERALIST PAPERS
THEFEDERALIST PAPERS
THE EIGHTY-FIVE ESSAYS appearing in New York City newspapers under the pseudonym Publius between October 1787 and May 1788 and later published as a single collection under the title
The Federalist Paper
s have achieved justifiable fame as an important statement of American constitutional philosophy. Alexander Hamilton took the lead, recruiting James Madison and John Jay to join him in the effort. In all, Hamilton wrote fifty-one of the essays, Madison twenty-nine, and Jay five. The essays were written independently, with little collaboration among the three authors. Indeed, they were written under such constraints that there was seldom time for review or revision.
The Federalist Paper
s have achieved justifiable fame as an important statement of American constitutional philosophy. Alexander Hamilton took the lead, recruiting James Madison and John Jay to join him in the effort. In all, Hamilton wrote fifty-one of the essays, Madison twenty-nine, and Jay five. The essays were written independently, with little collaboration among the three authors. Indeed, they were written under such constraints that there was seldom time for review or revision.
Looking at
The Federalist Papers
as a whole, one can see that Madison tended to write his essays on general issues of government and politics—on republicanism and representation in particular—while Hamilton focused on specific issues, such as taxation or the construction of the executive and judiciary. It is perhaps for that reason that Madison’s essays, though constituting only about a third of the total, are the ones most often quoted and reprinted.
The Federalist Papers
as a whole, one can see that Madison tended to write his essays on general issues of government and politics—on republicanism and representation in particular—while Hamilton focused on specific issues, such as taxation or the construction of the executive and judiciary. It is perhaps for that reason that Madison’s essays, though constituting only about a third of the total, are the ones most often quoted and reprinted.
The Federalist Papers
have grown more influential over time and have come to be considered an important means of understanding the intent of the framers of the Constitution. In the period between 1790 and 1800, when leaders of the new republic were facing the challenge of creating a government that conformed to the precepts of their new Constitution,
The Federalist
(the original published collection containing seventy-seven of the essays) was cited by the Supreme Court only once. In the whole of the nineteenth century, the essays were cited 58 times. In the first half of the twentieth century, they were cited 38 times, but in the last half they were cited no fewer than 194 times.
have grown more influential over time and have come to be considered an important means of understanding the intent of the framers of the Constitution. In the period between 1790 and 1800, when leaders of the new republic were facing the challenge of creating a government that conformed to the precepts of their new Constitution,
The Federalist
(the original published collection containing seventy-seven of the essays) was cited by the Supreme Court only once. In the whole of the nineteenth century, the essays were cited 58 times. In the first half of the twentieth century, they were cited 38 times, but in the last half they were cited no fewer than 194 times.
However much
The Federalist Papers
may on some occasions rise to the level of high-minded political theory, readers should also be aware that they were initially intended as political propaganda. Madison and Hamilton, whatever their intellectual gifts, were also practical politicians with a specific goal: to secure ratification of the Constitution. In that sense,
The Federalist Papers
, like the Constitution they were defending, need to be understood not merely as abstract constitutional treatises but also as a product of the give-and-take of the turbulent era of eighteenth-century American politics.
The Federalist Papers
may on some occasions rise to the level of high-minded political theory, readers should also be aware that they were initially intended as political propaganda. Madison and Hamilton, whatever their intellectual gifts, were also practical politicians with a specific goal: to secure ratification of the Constitution. In that sense,
The Federalist Papers
, like the Constitution they were defending, need to be understood not merely as abstract constitutional treatises but also as a product of the give-and-take of the turbulent era of eighteenth-century American politics.
This volume reprints the three
Federalist
essays that many scholars consider to be the most important of the eighty-five. “Federalist No. 10,” which deals with the benefits of an “extended republic” in controlling the effects of “faction,” and “Federalist No. 51,” which lays out the doctrine of “separation of powers,” were written by Madison. “Federalist No. 78,” written by Hamilton, is not only a defense of an independent judiciary but also lays out the constitutional argument for what would later be called “judicial review.” The essays are presented in slightly abridged form.
FEDERALIST NO. 10: JAMES MADISON, NOVEMBER 22, 1787Federalist
essays that many scholars consider to be the most important of the eighty-five. “Federalist No. 10,” which deals with the benefits of an “extended republic” in controlling the effects of “faction,” and “Federalist No. 51,” which lays out the doctrine of “separation of powers,” were written by Madison. “Federalist No. 78,” written by Hamilton, is not only a defense of an independent judiciary but also lays out the constitutional argument for what would later be called “judicial review.” The essays are presented in slightly abridged form.
One of the most famous pieces of writing in all American history, “Federalist No. 10” takes a distinctly modern approach to the existence of “faction” and “interests” in American politics. Whereas most eighteenth-century commentators believed that the key to good government was to elect virtuous political leaders capable of transcending their own selfish interests, Madison accepted the existence of conflicting interests as an inherent part of any pluralist society. The best way to control the effects of faction, Madison argued, was to extend the sphere of government over a sufficiently large territory so that no one faction could obtain undue influence and subvert the public good.Among the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it. The instability, injustice, and confusion introduced into the public councils, have in truth been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations. The valuable improvements made by the American Constitutions on the popular models, both ancient and modern, cannot certainly be too much admired; but it would be an unwarrantable partiality, to contend that they have as effectually obviated the danger on this side as was wished and expected. Complaints are every where heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable; that the public good is disregarded in the conflicts of rival parties; and that measures are too often decided, not according to the rules of justice and the rights of the minor party; but by the superior force of an interested and overbearing majority. However anxiously we may wish that these complaints had no foundation, the evidence of known facts will not permit us to deny that they are in some degree true. . . .
By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.
There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.
There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.
It could never be more truly said than of the first remedy, that it is worse than the disease. Liberty is to faction, what air is to fire, an aliment without which it instantly expires. But it could not be a less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.
The second expedient is as impracticable, as the first would be unwise. As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed. As long as the connection subsists between his reason and his self-love, his opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will attach themselves. The diversity in the faculties of men from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of Government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results: and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.
The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society. A zeal for different opinions concerning religion, concerning Government, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously contending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have in turn divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to cooperate for their common good. So strong is this propensity of mankind to fall into mutual animosities, that where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions, and excite their most violent conflicts. But the most common and durable source of factions, has been the various and unequal distribution of property. Those who hold, and those who are without property, have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern Legislation, and involves the spirit of party and faction in the necessary and ordinary operations of Government. . . .
It is in vain to say, that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm. Nor, in many cases, can such an adjustment be made at all without taking into view indirect and remote considerations, which will rarely prevail over the immediate interest which one party may find in disregarding the rights of another or the good of the whole.
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