Wednesday, July 8, 2020 - Constitution Study Group - Federalist No. 10 & Centinel No. 1
Video Subtitles:
I happy Wednesday everybody Constitution
study group it's today now I've finished
reading through and processing all of
the Constitution in the past weeks and
now I'm looking at the Federalists and
the anti-federalists papers so so we'll
be looking at today last week I had
started to talk about the difference
between the Federalist and
anti-federalist papers but and I had
selectively you know chosen to just look
at it was Federalist 29 or 19 the one
dealing with malicious you know because
I had a little bit of misunderstanding
about what a militia is and what's the
organized militia and the unorganized
militia and understanding the context of
what militia
meant you know at the time of Hamilton
still really liking this $10 bill filter
so yeah today I'm gonna read Federalist
number 10 so this is like written by
Hamilton of course under the pseudonym
but now we all know written by Hamilton
that pretty much just is like the most
basic principles you know paper that was
what the Constitution was based on so
looking at the roots of the Constitution
and that document we would need to look
at this Federalist number 10
and I throughout the practice of reading
these different documents I am also
going to be reading the Anti Federalist
Papers which you know it's really
important to see both sides of that
story there's multiple reasons why the
main reason why is that even though the
Anti Federalist Papers had you know
historical importance they were written
for a reason and they were written by
like more people and were more
distributed and you know I think it's
it's worthy to look at it and like up
until about like the 1960s just recently
did the anti-federalist papers even get
out hi Shelly good to see you
I'm Hamilton today I figure everybody is
like all beefed up on their Hamilton
history from watching the Disney musical
I'm gonna be reading his document it's a
long one
the Federalist paper number 10 which is
like the the you know most general
document that was used as the base of
the Constitution so and then I will also
be looking at the counterpart of number
10 which is Sentinel number one likely
to and Sentinel was also soon in them
but the it is it is known that it was
probably Samuel Bryan
Samuel Bryan who wrote this documents so
yeah I think I'm gonna keep reiterating
that that like the Federalist Papers
which ended up being who won and what
the Constitution was based off of who
you know is our friend Alexander
Hamilton ended up being you know a big
writer of that an influencer of that the
Federalist Papers were written by only
like three or four people it's a lot of
content there's 85 different documents
and slowly slowly I will go through each
one one by one but at the same time that
these documents were being made by this
very small group of people that believed
in a unified central governments you had
the other argument who didn't win and
who majority of American history their
arguments and their side of the story
was completely kind of ignored and left
out of the history books so you know now
it's it's good to look at that and the
anti-federalist papers were written by a
lot of people a distributed network of
people that believed that the power of
the government should be more localized
and and spread out among the different
cultures and the different
places or you know in our case the
different states so yeah I'm gonna try
as much as I can as I'm reading through
these documents to read both documents
on both sides of the arguments because a
lot of the contrast between the
Federalists and the anti-federalists are
the same contrast that we're seeing in
politics today the same conflicts that
were arguing about you know partisan
politics but at this time it wasn't a
liberal conservative type of a thing it
was it was centralized decentralized you
know which i think is still a valid
arguments and a valid thing to be
looking at today so I'm going to start
with Federalist paper number 10 to the
people the state of New York among the
numerous advantages promised by a well
constructed Union none desserts to be
more accurately developed than its
tendency to break and control the
violence of faction the friend of
popular governments never find some self
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's
attached provides a proper cure for it
the instability in justice and confusion
introduced into the public councils have
in truth than the mortal diseases under
which popular governments have
everywhere perished as they continue to
be the favorites and fruitful topics
from which the adversaries to Liberty to
derive their most specious declamations
the value 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 parrot parrot
partiality go ahead and throw that word
to contend that they have effectually
obviated the danger on this side as was
wished and expected complaints are
everywhere heard from
our most considerate considerate and
virtuous citizens equaling the Friends
of public and private faith in a 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 to these complaints had
no foundation the evidence of known
facts will not permit us to deny that
there in some degree true it will be
found indeed on a candid review of our
situation that some of the de-stresses
under which we labor have been Iranian
on the operation of our governments but
it will be found at the same time that
other causes will not alone account for
many of our heaviest misfortunes and
particularly for that prevailing and
increasing distrust of public
engagements and alarm for private rights
which are echoed from one end of the
continents to the other these must be
chiefly if not wholly effects of the
unsteadiness and injustice in which a
fractious spirit has tainted our public
administrations by a faction I
understand a number of citizens whether
accounting to a majority or minority of
the whole who are united and actuated by
some common impulse of passion or
interest adverse to the rights of other
citizens or to the permanent and
aggregate interest of the community
there are two methods of curing the
mischief 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 his existence the other by
giving to every citizen the same
opinions the same passions in the same
interest that's powerful
when are we getting it there are again
two methods of removing the causes of
faction the one by destroying Liberty
which is essential to its existence the
other by giving to every citizen the
same opinions the same passions and the
same interests so seems like there's not
really a solution it could never be more
truly said than the first remedy that it
was worse than the disease
Liberty is to faction what air is to
fire and elements elements without which
it instantly expires but it could not be
less folly to abolish Liberty which is
essentially to political life because it
nurtures fact nurtures nourishes faction
then it would be to wish the
annihilation of air which is essentially
to animal life because it imparts to
fire its destructive agency yea Shiloh
who knew that like reading this old old
document would you know bring so much
light it's powerful yeah the second
expedient is sin is as impractical as
the first would be unwise as long as the
reason of man continues valuable and he
is at liberty to exercise it different
opinions will be formed as long as the
connections subsists between his reason
and his self-love his opinions and his
passions will have 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 originates is not less an
insuperable obstacle to a human
uniformity of interests the protection
of these faculties is the first object
of government the protection of these
faculties is the first object of
governments from the protection of
different in 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
expected proprietaries ensues a division
of the society into different interests
and parties the Latin causes of action
are thus sown in the nature of men and
we see them everywhere brought into
different degrees of activity according
to the different circumstances of civil
society as ill for different opinions
concerning religion concerning
governments and many other points as
well as speculation as of practice an
attachment to different leaders
ambitiously contending for preeminence
and power and to persons of other
descriptions who 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 there
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
little fall under alike discrimination a
landed interest a manufacturing interest
a mercantile interest a moneyed interest
with many less lesser interest grow up
of necessity in civilized nations and
divide them into different classes
actuated by different sentiments and
views the regulations of these various
and interfering interests interfering
interest forms the principal tasks of
modern legislation and involves the
spirit to party and faction in the
necessary and ordinary operations of the
government that is fascinating I mean
what I just read that paragraph I just
read is like rhetoric you know that you
know we're hearing now and you know
think about 19 or so 19 only got one I
think you'd 1776 when this was written
with this 1776 of 1787
I'm so sorry 1787 still a long time ago
1787 you know multinational corporations
didn't really exist yet they were kind
of existing there were more you know
government diplomacy tools than anything
else
big brands consumerism all these things
didn't exist yet yet Hamilton was
talking about it he addressed these
things that people's pursuit of value of
creating and acquiring value is this is
the biggest source of difference
interests for me and that's still the
case now you know in the polarization of
our politics hi thanks for joining I'm
Alexander Hamilton today I'm reading
some of his most historic and relevant
work I'm reading the Federalist paper
number 10 I'm gonna get back to it this
is this is awesome
no man is allowed to be a judge in his
own cause because his interest with
certainly biases judgment and not some
probably corrupt his integrity with
equal nay with greater reason a body of
men are unfit to be both judges and
parties at the same time yet what are
many of the most important acts the
legislation that so many digital
discriminative determinations not indeed
concerning the rights of single persons
but concerning the right to large bodies
of citizens and what are the different
classes of legislators but advocates and
parties to the causes which they
determine is a law proposed concerning
private debts it is a question to which
the creditors are parties on one side
and the debtors are on the other justice
ought to hold the balance between them
if the parties are the most and must be
themselves the judges and the most
numerous party or in other words the
most powerful faction must be expected
to prevail shall domestic manufacturers
be encouraged and in what degree by
restrictions on foreign manufacturers
our questions which would be differently
decided by the landed in the
manufacturing classes and probably by
neither with the sole regard to justice
and the public good the apportionment of
taxes on the various descriptions of
property is an act which seems to
require the most exact impartiality yet
there is perhaps no legislative act in
which greater opportunity and temptation
are given to a prominent party to
trample on the rules of justice every
shilling with which they overburden the
inferior number is a shilling saved to
their own pockets read that again every
shilling with which they overburden the
inferior number is a shilling saved to
their own pockets
again this is like before multinational
corporations and consume
fascinating I wonder what Hamilton would
think of our current economy and our
current government it is invade to say
that an enlightened statement will be
able to adjust their clashing interest
and render them all subservience the
public good
enlightened statement will not always be
at the helm nor in many cases can such
an adjustment be made at all without
taking into view in direct 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 the inference to which we are
brought is that the causes of action
cannot be removed and that relief is
only to be sought in the means of
controlling its effects thank you for
sticking around Shiloh this is this is
good stuff yeah if a faction consists of
less than a majority relief is supplied
by the Republican principle which
enables the majority to defeat its
sinister views by regular votes it make
lagh the administration and make
convulsive society but it will be unable
to execute in masks its violence against
the forms of the Constitution when a
majority is included in a faction the
form of popular governments on the other
hand enables it to sacrifice its ruling
passion or interest both the public good
and the rights of other citizens to
secure the public good in private rights
against the danger of such a faction and
at the same time to preserve the spirit
in the form of popular government is
then the great object to which our
inquiries are directed let me add that
it is the great disturb the stir down by
which this form of government can be
rescued from the a program under which
it is so long labored and be recommended
to the esteem and adoption of mankind by
what means is the object obtainable
attainable evidently by one of two only
either the existence of the same passion
or interest in them
at the same time must be prevented or
the majority having such coexistent
passion or interest must be rendered by
their number and local situation unable
to concert and carry into effect schemes
of oppression if the impulse and the
opportunity be suffered to coincide we
well know that neither moral nor
religious motives can be relied on as an
adequate control they are not found to
be such on the injustice and violence of
individuals and lose their efficacy in
proportion to the number combined
together that is was that sorry I got
distracted with the big was up on on
twitch it's good to see you too Thanks
they were reading for reading the
Federalist paper Alexander Hamilton you
watched to play now learn who he is and
what he said if the impulse in the
opportunity be suffered to coincide we
will know that near nor immoral nor
religious motives can be relied on as an
adequate control they are not found to
be such on the injustice and violence of
individuals and lose their efficacy in
proportion to the number combined
together that is in proportion as their
efficacy becomes needful from this view
of the subject it may be included that a
peer democracy by which I mean a society
consisting of a small number of citizens
who assemble and administer the
government's in person can admit to no
cure for the mischiefs of faction a
common passion or interest will in
almost every case be felt by a majority
of the whole a communication and concert
results from the form of government
itself and there's nothing to check the
inducements to sacrifice the weaker
party or obnoxious individual hence it
is that such democracies have ever been
speculative spectacles turbulence and
contention have ever been found
incompatible with personal secure
or the rights property and have in
general been as short in their lives as
they have been violent in their deaths
theoretical theoretic politicians who
have patronized the species of
governments have Aranea Slee supposed
that by reducing mankind to a perfect
equality in their political rights they
would at the same time be perfectly
equalized and assimilated in their
possessions their opinions in their
passions a republic by which I mean a
government in which the scheme of
representation takes place opens a
different prospect and promises the cure
for which we are seeking let us examine
the points in which it varies from pure
democracy and we shall comprehend about
the nature of the Cure and the efficacy
which it must derive from the Union the
two great points of difference between a
democracy and a republic are first the
delegation of the government and the
latter to a small number of citizens
elected by the rest secondly the greater
number of citizens and greater sphere of
country over which the latter may be
extended the effect of the first
difference is on the one hand to refine
and enlarge the public views by passing
them through the medium of a chosen body
of citizens whose wisdom may be best
discerned the true interests of their
country and whose patriotism and love of
justice will be least likely to
sacrifice to temporary or partial
considerations under such a regulation
it may be it may well happen let the
public voice pronounced by the
representatives of the people will be
more consonants to the public good than
if pronounced by the people themselves
convened for the purpose on the other
hand the effect may be inverted men of
factures tempers of local prejudices or
sinister as sinister designs may by
intrigue by corruption or by other means
first obtained at the suffrages and then
betray the interest of the people the
question resulting is whether small or
extensive Republic
are more favorable to the election of
proper guardians of the public weal and
it clearly decides in favor of the
latter by two obvious considerations in
the first place it is to be remarked
that however small the Republic may be
the representatives must be raised to a
certain number in order to guard against
the cabal's of a few and that however
large it may be they must be limited to
a certain number in order to guard
against the confusion of a multitude
hence the number of Representatives and
the two cases not being in proportion to
that of the two constituents and being
proportionally greater in the small
Republic it follows that the proportion
of fit characters be not less than the
large than in the small Republic the
former will represents a greater option
and consequently a greater probability
to a fit choice in the next place as
each representative will be chosen by a
greater number of citizens and the
larger than in the small Republic it
will be more difficult for unworthy
candidates to practice the success the
vicious arts by which elections are too
often carried and the suffrages of the
people will be more free will be more
likely to center in men who possess the
most attractive merits in the most
diffusive and established characters it
must be confessed that in this as in
most cases there is a mean on both sides
in which inconveniences will be found to
live by large in too much the number of
electors you render the representatives
too little acquainted with all their
local circumstances and lesser interests
as by reducing it to much you remember
him
you render him unduly attached to these
and too little fit to comprehend and
peruse great and national objects the
Federal Constitution forms a happy
combination to this respect the great
and aggregate interest being referred to
the National the local in particular to
the state legislatures the other point
of difference is the greater number of
citizens
an extent of territory which may be
brought within the compass of Republican
than of democratic government and it is
this circumstance principally which
renders factious combinations less to be
dreaded and the former than in the
latter
the smaller the society the fewer
probably will be the distinct parties
and interest composing it the fewer the
distinct parties and interest the more
frequently while a majority be found in
the same party and the smaller the
number of individuals composing a
majority the smaller the compass within
which they are placed but more easily
will they concert and execute their
plans of oppression extend the sphere
and you take in a greater variety of
parties and interests you make it less
probable that a majority of the whole
will have a common motive to invade the
rights of other citizens or if such a
common motive exists it will be more
difficult for all who feel it to
discover their own strengths and to act
in unison with each other besides other
impediments it may be remarked that
where there is a consciousness of unjust
or dishonorable purposes communication
is always checked by distrust in
proportion to the number whose
concurrence is necessary yeah I mean so
you know faction is built into our
Constitution this is cool
hence it clearly appears at the same
advantage which a republic has over a
democracy in controlling the effects of
faction is enjoyed by large over a small
Republic is enjoyed by the Union over
the states composing it does the
advantage consists in the substitution
of representatives whose enlightened
views and virtuous sentiments render
them superior to local prejudice and
schemes have been justice it will not be
denied that that right that the
representation of the Union will be most
likely to possess these requisite
endowments does it consist in the
greater security afforded by a greater
variety of
against the events of any one party
being able to outnumber and oppress the
rest an equal degree does the increased
a variety of parties comprised within
the Union increase the security does it
and fine consists in the greater
obstacles opposed to the concert and
accomplishments of the secret wishes of
an unjust and interested majority here
again the extent of the Union gives it
the most palpable advantage high tea
hour I'll check you guys out thank you
the influence of factious leaders may
Kindle a flame within their particular
states but will be unable to spread a
general conflagration through the other
states a religious sect made to generate
into a political faction and a fact of
the Confederacy but the variety of sects
dispersed over the entire face of it
must secure the National councils
against any danger from that source a
rage for paper money for a abolition of
debts for an equal division of property
or for any other improper or wicked
project will be less apt to pervade the
whole body of the Union than a
particular member of its in the same
proportion as such a melody is more
likely to taint a particular county or
district than an entire state in the
extent and proper structure of the Union
therefore we behold a republican remedy
for the diseases most incidents to
Republican governments and according to
the degree of pleasure and pride we feel
in being Republicans ought to be ours
ill and cherishing the spirit and
supporting the character of Federalists
Publius pseudonym Hamilton or anybody
who wrote Federalist Papers that was it
now the one one that
that's cool it's cool to see man
and the the context was completely
different back then compared to it is
now and it feels like a lot of the
things that were you know I think that
just means to say that this is like a
human kind this is a mankind issue
faction division
Thank You Shayla I hope you know my you
know my my little posing here helped
all right so I'm gonna look at this anti
federalists counterpart to this which is
longer so maybe I won't read the whole
thing but I just like I kind of want to
see you late what was the
counter-argument to you know Federalist
number 10 so again that was Federalist
number 10 that I just wrote it is said
to be like the most quintessential
Federalist paper of the 85 that were
published written by Hamilton and that
you know that document touched on a lot
of different things the three main
things that it touched on is the
responsibility in checks and
self-governments the extent of the Union
states rights in the Bill of Rights and
Taxation as well as the extended
republics and Taxation and so this next
one how to read The Sentinel number one
that one is addressing this
responsibility and checks and
self-government there are several other
papers you know that old addresses other
things which you know I'll get to at
another time so I mean all in all that
Federalist number 10 it was long-winded
it had a lot of things to say about
mankind and and you know a lot of kind
of theory political theory about
interests and ultimately I mean it comes
down to property in the acquisition and
ownership of property same issues that
we're having now you know we're talking
about marginalization you know I was
talking about tea talks last week and
we're talking about colonization of tea
and Andray from from London was you know
she had asked me like what is some
solution or you know the people of her
community that are looking to become
uplifted economically you know and and
and and this is in China you know which
is kind of an interesting economy
because there are many parts of China
that
still very underdeveloped or whatever
you freakin want to call it versus
developed wealthy you know manufacturing
and consumerism and and so then you
think about marginalization marginalized
groups you know which is a very
important topic right now that
perception is that they're marginalized
they they've been left behind while
everybody else in that community are not
even that community but in that country
is having this opportunity to go up and
there's those certain communities that
that don't go up but they don't they
don't mobilize they don't move with
everybody else they get left behind and
you can dwell on that or you can think
about it on the other the other side of
it and that's what I like to think about
that maybe we they don't need to be
lifted up to like this level like this
level of consumerism of like attaching
success to this possession of property
essentially that's what it is
acquisition of money what does that
equate to that means that you can
possess more property you possess that
value of that money and that gives you
comfort and and and and this false sense
of success in your head you know and
then ends up getting a complex to the
people that feel as if they've been
mobile I feel as if they've been
marginalized and you know not to devalue
that feeling that is a legitimate
feeling if you feel oppressed if you
feel unequal if you feel like your
interests are not being addressed then
yeah stand up for it but don't allow
some complex some insecurities that you
got left behind now if you get left
behind on getting access to our primal
needs then hell yeah like that's that
shouldn't happen but if you're feeling
left behind because you don't own the
newest version of the iPhone or you know
you don't have like a vast Ward
you can wear something different every
single day of the year I mean there are
people that that's how they attach their
marginalization versus think you know I
I'm actually I have it better you know
like I feel like people that live in
rural parts of the world that are
constantly constantly living in this
insecurity that they they they're not as
good they're not as worthy as others
because their communities aren't as
developed they they don't have the
modern technology they aren't you know
possessed and consumerism yet they're
you know producing they're growing and
cooking and consuming their own food
that they're like connected to
themselves they get to wake up every
morning next to their families
there's spending time with their
families and their communities versus
constantly burning around and I I kind
of feel like they've got it you know if
anything this this this world that's
been consumed with consumerism has been
marginalized but anyway that's personal
opinion than them so yeah Sentinel
number one also written in 1787 thought
to be have written by Samuel Bryan
friends countrymen and fellow citizens
permit one of yourselves to put you in
mind of certain liberties and privileges
secured for you by the constitution of
this Commonwealth and to beg your
serious attention to uninterested
opinion upon the plan a federal
government submitted to your
consideration before you surrender these
great and valuable privileges up forever
your present frame of Governments
secures to you a right to hold
yourselves houses papers and possessions
free from search and seizure and
therefore warrants granted without oats
or affirmations first made a fourteen
sufficient foundation for them whereby
any officer or messenger may be
commanded or required to search your
house or seize your possessions
or seize your persons or property not
particularly described in which warrants
shall not be granted your Constitution
further provides that in controversies
respecting property and in suits between
man and man the parties have a right to
trial by jury which ought to be held
sacred it also provides and declares
that the people have a right of freedom
of speech and of writing and publishing
their sentiments therefore the freedom
of the press ought not to be restrained
the constitution of Pennsylvania is yet
and is yet to miss existence as yet you
have the rights to freedom of speech and
of publishing your sentiments how long
those rights will a pertain to you you
yourselves are called upon to say
whether your houses shall continue to be
your castles whether your papers your
persons and your property are to are to
be held sacred and free from general
warrants you are now to determine
whether the trial by jury is to continue
as your birthright the freemen of
Pennsylvania nay of all America are now
called upon to declare
I like that Shiloh we share a cup and
learn from each other that becomes a
great equalizer true dad cheers to that
they were drinking good tea actually
maybe no not now no they weren't
drinking tea at this time maybe if they
were still drinking tea ah they must
have had some tea you know hanging
around still drinking it did they
completely boycott it I don't know I
always heard me completely boycotted it
but I mean if you already had a habit of
drinking tea and you probably had some
in your cupboard even after the Boston
Tea Party anyway without presuming upon
my own judgment I cannot think at an
unwarrantable presumption to offer my
private opinion and call upon others for
theirs if I use my pen with the boldness
of a Freeman it is because I know that
the liberty of the press yet remains
unviolated and juries yet are judged the
late convention have submitted to your
consideration a plan of a new federal
government the subject is highly
interesting to your future welfare
whether it be calculated to promote the
great ends of civil society versus the
happiness and prosperity of the
community it behooves you well to
consider uninfluenced by the authority
of names instead of that frenzy of
enthusiasm that has actuated the
citizens of Philadelphia and their
approbation of the approach proposed
plan before it was possible that it
could be the results of a rational
investigation into its principles it
ought to be dispassionately and
deliberately examined in its own
intrinsic merit the only criterion for
your patronage if ever free and unbiased
discussion was proper or necessary it is
on such an occasion all the blessings of
liberty and the deer's privileges
freemen are now at stake and dependent
on your present
conduct those who are competent to the
task of developing the principles of
government ought to be encouraged to
come forward and thereby the and better
enable the people to make proper
judgments for the science of government
to so abstruse that few are able to
judge for themselves without such
assistance the people are to absence of
view and implicit assent to the opinions
of those characters whose abilities are
held in the highest esteem and to those
and whose integrity and patriotism they
can confide not considering that the
love of denomination is generally in
proportion to talents abilities and
superior acquirements and that the men
of the greatest purity of intention may
be made instruments of despotism in the
hands of the artful and designing if it
were not for the stability and
attachment which time and have it gifts
two forms of governments it would be in
the power of enlightened and aspiring
few if they should combine at any time
to destroy the best establishments and
even make the people the instruments of
their own subjugation the late
revelation having a faced and a great
measure of all former habits and the
present and instruments are so recent
that there exists not that great
reluctance to innovation so remarkable
in old communities and which accords
with reason for the most comprehensive
mind cannot foresee the full operation
of material changes on civil polity it
is the genius of the common law to
resist an evasion it is the genius of
the common law to resist innovation
powerful the wealthy and ambitious who
in every community think they have a
right to lord it over their
fellow-creatures have availed themselves
very successfully of this favorable
disposition for the people the Sun
settled in their sentiments have been
prepared to accede to any extreme of
governments all the de-stresses and
difficulties the experience proceeding
from various causes have been ascribed
to the inputs in sea of the present
Confederation and fence they have been
led to expect full relief from the
adoption of the proposed system of
government and in the other event
immediately ruined and annihilation as a
nation these characters flatter
themselves that they have molds all
distressed in jealousy of their new plan
by gaining the concurrence of the two
men of whom America has the highest
confidence and now triumphantly exult in
the completion of their long meditated
schemes power and agra agra dyes mints
it's a court I would be very far from
insinuating that the to allude illustris
patron I hate patronage ins alluded to
that not the welfare of the country at
heart but that the unsuspecting goodness
and zeal of the one has been imposed on
in the subject of which he must be
necessarily inexperienced from his other
arduous engagements and that the
weakness and indecision
attendance on old age has the practice
on in the other hi Gaby happy Wednesday
I'm good I'm Alexander Hamilton today
although I'm currently reading the words
of his counter-argument someone else
anti-federalists those rotten guys that
loss this is pretty heavy though and
he's making he's making some pretty like
pretty serious claims about you know
that
fathers I'd be interested to see who are
the two that he's specifically talking
about here I wouldn't doubt if it's late
George Washington then Hamilton I don't
know we'll see but there was that other
word I wanted to look it up it was a
word I didn't know aggrandizement and
Garrett and grant eyes meant to increase
the power or reputation of something a
grand eyes and grand eyes knit I am
fearful that the principles of
government imputed by mr. John Adams
treatise though it's John Adams and
enforced in the numerous essays and
paragraphs in the newspapers have misled
some well designing members of the late
convention but it will appear in the
sequel that the construction of the
proposed plan of government is
infinitely more extravagant I have been
anxiously expecting that some
enlightened Patriot would ear this have
taken up the pen to expose the fertility
and counteract the baneful tendency of
such principles mr. Adams seen Conan of
a good government is three balancing
powers whose repelling qualities are to
produce an equilibrium of interests and
thereby promote to the happiness of the
whole community he asserts that the
administrators of every governments will
ever be actuated by views of private
interests in a mission to the prejudice
of the public good that therefore the
only effectual method to secure the
rights of the people and promote their
welfare is to create an opposition of
interest between the members two
distinct bodies and the exercise of the
powers of government and balanced by
those of a third this hypothesis
supposes human wisdom competence to the
task of instituting three co-equal
orders and governments and a
corresponding weight in the community to
enable them respectively to exercise
there are several parts
whose views and interests should be so
distinct as to prevent a coalition of
any two of them four from for the
destruction of the third mr. Adams
although he has traced the constitution
of every form of government that ever
existed as far as history of Courts
materials affords materials has been
able to induce a single instance of such
a government he indeed says that the
British constitution is such in theory
but this is rather a confirmation that
his principles are chimerical and not to
be reduced to practice it's such an
organization of power were practice
about how long would it continue amen
what's going on thanks for coming over
man I'm reading anti-federalist papers
you know the the argument that didn't
win the formation of the country
important to see both sides of the
argument it's such an organization power
will practically practice well how long
would it continue not a day for there is
so great to disparity in the talents
wisdom and industry of mankind that the
scale would present presently
preponderance to one or the other body
and with every accession of power the
means of further increase would be
greatly extended the state of society in
England is much more favorable to such a
scheme of government than that of
America there they have a powerful Herot
Herod Herod hereditary nobility in real
distinctions of rank and interest but
even there for what of that perfect
equality of power and station of
interests and the three orders of
governments they exist by the name the
only operative and efficient check upon
the conduct administration is the sense
of the people at large suppose the
government's could be formed and
supported on such principles would it
answer the great purposes of civil
society if the administrators of each
every government are actuated by views
of private interests and ambition how is
the welfare and happiness of the
community to to results of such jarring
adverse interests their form as
different orders and governments will
not produce the good of the whole
we must recur to other principles I
believe it will be found at the form of
government which holds those entrusted
with power and the greatest
responsibility to their constituents to
be best calculated for free men a
republican or free governments can only
exist where the body the people are
virtuous and where property is pretty
equal is pretty equally divided in such
a government's the people are sovereign
and their sense of opinion is the
criterion for every public measure for
when this ceases to be the case the
nature of the government has changed and
an aristocracy monarchy or deficit this
despotism will rise on its roomin the
highest responsibility is to be attained
and a simple structure of government for
the great body of the people never
steadily is to attend to the operations
of government and for want of due
information are liable to be imposed on
if you complicate the plan by various
orders the people will be perplexed and
divided in their sentiments about the
source abuses and misconduct some will
impute it to the Senate others to the
House of Representatives and so on that
the interposition of the people may be
rendered imperfect
or perhaps wholly aborted but in
imitating the constitution of
Pennsylvania you vest all the
legislative power and one body of men
separating the executive and the
judicial elected for a short period and
necessarily excluded by rotation from
permanency and guarded from precipitancy
and surprised by delays imposed on its
proceedings you will create the most
perfect responsibilities for them
whenever the people feel agreements they
cannot mistake the authors and will
apply the remedy with certainty in
effect discarding them at the next
election so ideal this type of
responsibility will obviate all of the
dangers apprehended from a single
legislature and will the best secured
the rights of the people having promised
this much I shall now proceed to the
examination of the proposed plan of
government and I trust shall make it
appeared to the meanest capacity that
had it has none of the essential
requisites of a free government that it
is neither founded on those balancing
restraining powers recommended by mr.
Adams and attempted in the British
constitution or possessed of that
responsibility to its constituents which
in my opinion is the only effectual
security for the liberties and happiness
of the people but on the contrary that
is a most daring attempt to establish a
despots deposit aristocracy among free
mend that the world has ever witnessed
so we're gonna get into it now
tyrannical so that's what that means it
means tyrannical dispose it means
tyrannical in case you're wondering
because I was wondering I'm reading that
word I don't know what it means
means tyrannical I shall previously
consider the extents of the powers
intended to be vested in Congress before
I examine the constitution of the
general construction of the general
governments it will not be controverted
that the legislative is the highest
delegated power and governments and that
all others are subordinate to it the
celebrated Montesquieu establishes it as
a maxim that legislation there
necessarily follows the power of
taxation by sect eight of the first
article of the proposed planet
governments the Congress
are to have power to lay collect taxes
duties imposts and excises to pay the
debts and provide for the common defense
and general welfare of the United States
but all duties and posts and excises
shall be uniform throughout the United
States now what can be more
comprehensive than these words not
content by other sections of this plan
to grant to all the great executive
powers of the Confederation and a
standing army in a time of peace that
grand engine of oppression and moreover
the absolute control over the Commerce
of the United States and all external
objects revenue such as unlimited and
post upon imports etc they are to be
vested with every species of internal
taxation whatever taxes duties and
exercises that they may theme requisite
for the general welfare may be imposed
on the citizens of these states let me
by the officers of Congress distributed
through every district in America and
the collection would be enforced by the
standing army however Grievous and
improper they may be the Congress may
construe every purpose for which the
state legislatures now lead taxes to be
for the general welfare and thereby
seize upon every object of Revenue the
judicial power by first sexes of article
3 shall extend to all cases in law and
equity arising from this constitution
the laws of the United States and
treaties made by which shall be made
under their authority to all cases
affecting ambassadors other public
ministers and consuls to all cases of
Admiralty and maritime jurisdiction to
controversies to which the United States
shall be a party to controversies
between two or more states between a
state and the citizen of another state
between citizens of different states
between citizens of the same state
cleaning lands under grants of different
states and between a state or the
citizen thereof and foreign state
citizens or subjects the judicial power
to be vested in one Supreme Court and in
such inferior courts as the
from time to time ordain and establish
the objects of jurisdiction resided
above are so numerous and the shades of
in distinction of distinction between
civil causes are oftentimes so slight
that it is more than probable that the
state judiciary's would be wholly
superseded for in contest about
jurisdiction the federal courts as the
most powerful would ever prevail every
person acquainted with the history of
the courts in England knows by what
ingenious sophisms they have at
different periods extended the sphere of
their jurisdiction over objects out of
the line of their institution and
contrary to their very nature courts of
criminal jurisdiction obtain common
cognizance on civil causes to put the
omnipotency of Congress over the state
governments and juris do your
judiciary's out of all doubts the sixth
article obtains that this constitution
and the laws of the United States which
shall be made in pursuance thereof and
all treaties made or which shall be made
under the authority of the United States
shall be the supreme law of the land and
the judges in every state shall be bound
thereby anything in the Constitution or
laws of any States to the contrary
notwithstanding by these sections the
all prevailing power taxation and such
exact extent extensive legislative and
judicial powers are vested in the
general governments as must in their
operation necessarily absorb the state
legislatures and judiciary's and that
such was in the contemplation of the
framers of it will appear from the
provision made for such events and
another part of it but that fearful of
alarming the people by so great an
innovation they have suffered the forms
of separate governments to remain as a
blind by section fourth of the first
article
the times places in manner of holding
elections for Senators and
Representatives shall be prescribed in
each state by the legislature thereof
but the Congress may at any time by law
make or alter such regulations except as
to the places of choosing senators the
plain construction of which is then when
the state legislatures drop out of sight
from the necessary operation this
government then Congress are to provide
for the election and appointment of
Representatives and Senators if the for
going to be comment if the foregoing be
at just comment if the United States are
to be melted down into one Empire it
becomes you to consider or there's such
a government
however construct constructed would be
eligible in so extended territory and
whether it would be practices all
consistent with freedom it is the
opinion of the greatest writers that a
very extensive country cannot be
governed on democratical principles on
any other plan than a confederation of a
number of small Republic's possessing
all the powers of internal governments
but United and the management of their
foreign general concerns it would not be
difficult to prove that anything short
of deficit 'm could not be bad could
could not by in so great a country under
one governments and that whatever plan
you might at the first setting out
established it would issue in despotism
despotism tyranny
if when general government should be
instituted and maintained on principles
of freedom it would not be so competent
to attend to the various local concerns
and wants of every particular district
as well as the particular governments
who are near the scene and possessed of
superior means of information besides
that the business of the whole Union is
to be managed by one government there
would not be time do we not already see
that the inhabitants in a number of
larger states who are remote from the
seat of government are loudly
complaining of the inconveniences and
disadvantages they are subjected to on
this account and that to enjoy the
comforts of local government they are
separated into smaller divisions having
taken a review of the powers I shall now
examine the construction of the proposed
general government just almost done guys
don't worry article 1 section 1 all
legislative power herein granted shall
be vested in a Congress of the United
States which shall consist of Senate and
House of Representatives by another
section of the president's the principal
executive officer has a conditional
control over their proceedings section 2
the House of Representatives shall be
composed of members chosen every second
year by the people the several states
the number of Representatives shall not
exceed one from every 30,000 inhabitants
the Senate the other constituent brand
of the legislature is formed by the
legislature of each state support
appointing two senators for the term of
six years the executive power of article
two section one is to be vested in a
president of the United States of
America elected for four years section
two gives him power by and with the
consents of the Senate to make treaties
provide two thirds of the Senators
present concur and he shall nominate and
by the with the advice and consent of
the Senate shall appoint ambassadors
other public ministers and counsels
judges in the Supreme Court in all other
officers of the United States who
appointments are not here and otherwise
provided for and which shall be staff
by law etc and by another section he has
the absolute power of granting reprieves
and pardons for treason and other high
crimes and misdemeanors except in case
of impeachment the foregoing are the
outlines of the plan thus we see the
House of Representatives are the part of
the people to balance the Senate who is
just suppose will be composed of the
better sword the will born etc the
number of Representatives being only one
for every thirty thousand inhabitants
appears to be too few either to
communicate the requisite information of
the wants local circumstances and
sentiments of so extensive an empire or
to prevent corruption and undue
influence and the exercise such great
powers the term for which they are to be
chosen too long to preserve a do
dependence and accountability to their
constituents and the mode and the places
of their election not sufficiently
ascertained for Congress have to be
controlled over both they may govern the
choice by ordering the representatives
of the whole states to be elected in one
place and that too may be the most
inconvenient the Senate the great
efficient body in this planet government
is constituted on the most unequal
principles the smallest state in the
Union has equal weight in the greatest
states of Virginia Massachusetts or
Pennsylvania the Senate besides its
legislative functions has a very
considerable share in the executive none
of the principal appointments to office
can be made without its advise and
consent
the term and mode of its appointments
will lead to permanency the members are
chosen for six years the mode is under
the control of Congress and as there is
no exclusion by rotation they may be
continued for life which from their
extensive means of influence would
follow of course the presidents who
would be near pageants of state unless
he coincides with the views of the
Senate would either become the head of
the air step
aristocratic junto or that body or it's
a minion they were already talking about
minions back in besides their influence
being the most predominant could be the
best to secure re-election to office and
from his power of granting pardons he
might screen from punishments and the
most reasonable attempts on liberties of
people when instigated by the Senate
from this investigation into the
organization of this government it
appears that it is devoid of all
responsibility or accountability to the
great body of the people and thus and
that's so far from being a regular
balanced government it would be practice
a permanent aristocracy the framers of
its actuated by the true spirit of such
government which ever abominates
and suppresses all free inquiry in
discussion have made no provision for
the liberty of the press but the Grand
Palladium of freedom and the scourge of
tyrants but observed a total silence on
that head it is opinion of great writers
that at the liberty of the press by the
institution of religion or otherwise
could be rendered sacred even in Turkey
that despotism would fly before it and
as it is worthy of remark that there is
no declaration of personal rights
promised in most free constitutions and
that trial by jury in civil cases is
taken away for what other construction
can be put on the following in all cases
affecting ambassadors other public
ministers and consuls and those in which
a state shall be party the Supreme Court
shall have original jurisdiction in all
other cases above-mentioned the Supreme
Court shall have appellate judge
jurisdiction both as to law in fact it
would be novelty in jurisprudence as
well as an evidently improper to allow
an appeal for the verdict of a jury on
the matter of fact therefore and it
applies and allows them to
missile of the jury in civil cases and
especially when it considered that jury
trial in criminal cases is expressly
stipulated for but not in civil cases
but our situation is represented to be
so critically dreadful that however
reprehensible and exceptionable the
proposed plan of government may be there
is no alternative between the adoption
of it and absolute ruin my fellow
citizens things are not at that crisis
it is the argument to tyrants the
present distracted state of Europe
secures us from injury on that quarter
and as to domestic dissent dissensions
we have not so much to fear from them as
to precipitate us into this form of
government without it is a safe and
proper one for remember of all possible
evils that of despotism is the worst and
the most to be dreaded tyranny no
tyranny
besides it cannot be supposed that the
first essay on so difficult a subject is
so well digested as it ought to be if
the proposed plan after a mature
deliberation shall meet the approbation
of the respective states the matter will
end but if it should be found to be
fraught with dangers and inconveniences
a future General General can that
convention being in possession of the
objections will be the better enabler to
plan a suitable governments who hear so
base who's here so base that would be
bondsman B that would have bondsman B if
any speak for him have I offended who's
here so vile that will not love his
country if any speak for him have I
offended Julius Caesar
that's from Julius Caesar that right
there cool awesome
so we got to hear the other side of the
argument that was pretty cool
yeah I was a lot of reading a little did
you know but a lot of process there you
know I think the main thing that I'm
taking away you know like as I started
approaching the this part of the project
of looking at the Federals versus the
anti-federalists you know I still have a
lot more to read within the Federalist
Papers within what Hamilton and others
had to say but it seemed I mean from
Federalist number ten that I just wrote
I read I'm sorry I did not write it I
read it to you guys it seemed as if
Hamilton was very much aware of the need
of balancing the power between Republic
and democracy so democracy is you know
really what the anti-federalists are
trying to hold on to like don't let the
corruption of a republic you know
republic is centralized powerful
governments well democracy is more for
the people you know but it seemed as if
Hamilton wasn't so extreme it wasn't so
polarizing like the anti-federalists
seemed to be a bit more polarizing like
they would prefer more distribution and
more democracy over having some type of
centralized decision-making and an in
legislation and policy making and
Federalist number 10 you know Hamilton
kept saying like here are the
corruptions of humankind of mankind
here's where factions can be made you
know as soon as people can start
developing common interests together
that are contrary to you know the
government organization then you're
gonna have faction you're gonna have
conflict and there's no way around that
other than having a smooth balance
between
Republic and democracy so and that's so
interesting you know now that those
weren't so the context of those words
back then so I I and and and especially
in Federalist number ten the word
Republican and Democrat were used and in
the context it's very different meaning
than what we think of Democrat and
Republican now and yeah perhaps in time
I'll be able to like better understand
why that evolution happens you know why
our definition of a Republican and
Democrat have to become what they have
to come now like this polarized thing
which I mean in in this context they
were polarized but it was more like
Republican is like elected officials
that like make our decisions for you
which in the Sentinel number tent number
one he Samuel Bryan does address that
that the more complicated you make that
democratic system like where there's all
these layers of interactivity with the
public that they can be a part of that
the more friction and problems that will
arise so you have to simplify the
government to make it very easy so you
know it's not that in this anti
federalists paper he's like anti elected
officials anti centralization I think
it's just really skeptical of the people
that that row especially mister Adams he
kept referencing mr. Adams that was cool
and this has been such a cool time like
when when people were having these
conversations talking about these things
which are totally relevant to now you
know that was a lot of reading that I
just did but it should have made sense
there was a couple of like vocabulary
that are not modern but you know overall
the overarching topic
so the same topics that we're talking
about right now you know how do you keep
into consideration the concerns of the
marginalized and you know keep your
governments protecting you know the the
public good the same thing that we're
talking about these days about how you
know police reform and and and in
business I don't think that we did such
a good job of following Hamilton's
desire to like regulate business but you
know maybe there's always time and
reviewing these topics and and reviewing
these documents as historical documents
could be very powerful and helping us
navigate you know what the best options
are and how change could happen but I
want to leave this document or I want to
leave today with this quote from the
anti-federalists paper this is Sentinel
number one written in 1787 he says it is
the genius of the common law to resist
innovation think about that are you
talking about changed and they knew back
then that change wasn't so the easy
innovation wasn't so easy put this in
the comments
all right everyone well that's a wrap
for today I appreciate your time I
appreciate you enjoying this with me I
enjoyed it very much I learned a lot
today and yeah I'll see you tomorrow tea
talks will be with Sam and and and
friends I don't know what we're talking
about maybe we'll be talking about the
Constitution maybe not
but yeah I'll see you guys in definitely
next week I'll be back to read more I
will continue on these readings of the
Federals versus the attack Federalist
Papers I hope you're doing an all
wonderful much love much Aloha bye
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