.comment-link {margin-left:.6em;}

Tuesday, June 21, 2005

Federalist - Introduction

While everyone else drones on about the Gitmo/Pol Pot/Stalin/Hitler equivalency, or such meaningful and deep topics as BlondeJustice's summary of Beauty and the Geek (actually I've never seen the show and don't intend to, but I enjoy her episode summaries), or WayofBass' tribute to Caitlin Clarke (who might be a dark beauty, but certainly not "hot" as described by that erstwhile D&D freak), and Lileks, I have no idea what he has today because for some reason it won't load properly (or I may just be too impatient), I thought that I would (if I can get anything else in here between all these parentheticals), look at the Federalist Papers. Here are some notes from the introduction written to the 1937 edition:

INTRODUCTION by Edward Mead Earle
"It is no less a cause for admiration that their instrument of government should have survived the trials and crises of a century that saw the wreck of more than a score of paper constitutions." (Charles A. Beard, The Supreme Court and the Constitution (1912), pp 86-87).

The Convention, created solely for revising the Articles of Confederation framed a completely new charter of government. The Articles of Confederation made the confederation perpetual and any alteration had to be agreed upon by congress and confirmed by the legislatures of every state. The new Constitution would never have passed such a test. Therefore, it was determined that the Constitution be submitted to specially elected conventions to vote upon it and that it go into effect upon the ratification of 9, but be effective only upon those ratifying. Thus the Constitution was presented for popular endorsement and bitter controvery ensued. A minority of the convention itself refused to endorse the document. In the war of words and pamphlets that followed "Publius" stood forth as the champion of the new order in the State of New York where the issue was in doubt to the last.

Publius put forth 85 lengthy articles in defense of the new consitution. This work, known as The Federalist, was the joint effort of Alexander Hamilton, James Madison, and John Jay. This work was "the first and continues to be the most important discussion of federal government, for which the Constitution of the United States set a significant precedent." It has been cited as a source of constitutional law by the Supreme Court of the United States and it is a history of political philosophy on the theory of representative government.

The Federalist remained largely faithful to the points of discussion outlined in its first number: the utility of the union to political prosperity; the insufficiency of the Confederation to preserve the Union; the necessity of an energetic government; the conformity of the Constitution with the principles of republican government; the conformity of the Constitution with the constitution of New York; and the security offered to liberty and property by the new government.

I don't think I'll offer any commentary on the introduction. I may have an inane presumptuous and vain thought or two to offer on the numbered pieces themselves should I get that far.

I'll be out the rest of the week.

Comments: Post a Comment



<< Home

This page is powered by Blogger. Isn't yours?