“Ideas”, says Michael Austin, “even really bad ones, deserve a serious response.” This book is a response to over-simplified and dishonest claims by right-wing commentators, who generally claim the “Founding Fathers” as the original champions of their ideas, and who portray that anyone who disagrees with their radical libertarian policies is a bad American. Austin coins the term “Founderstein”; that is, an imaginary monster composed of stitched-together parts of multiple deceased parties. The truth is that the Founders disagreed harshly with each other on fundamental topics such as State’s rights, economics, and religion. It would be better to identify with some of the Founders, but to do so would give up the righteous indignation that comes from the imaginary consensus.
How very dispiriting to read the absolute canards foisted by right-wing commentators, such as Beck’s assertion that “the Constitution recognizes the existence of natural law.” Beck supports this lie by quoting the Declaration of Independence. As Austin acidly points out, “the correct text to cite in demonstrating what the Constitution says would be the Constitution.” But the Beck formulation is an example of “proof texting,” a practice of using quotes, or often a pastiche of quotes from different people writing in widely varying contexts, to support a point of view. It is the opposite of true scholarship, in which one performs research to arrive at a conclusion. The truth is that the word God does not appear in the constitution. Since the conservative commentator is pre-committed to the idea that the Founders were all evangelical Christians, it is necessary for him to find quotes that can be used to represent this.
Conservative commentators such as Levine often use proof texts to demonstrate the precise opposite of what the “Founders” were actually trying to say. As one who (did I mention) has read every word of the Federalist Papers, I can well attest to the length and complexity of some of the argumentation. Thus, in Federalist No. 39 by Madison, Levine extracts a certain quote that, by itself, seems to show the author envisioning a weak central state; the union consisting of a federal compact among sovereign states. In fact, the whole point of No. 39 is to show that the proposed Constitution is a mixture of “federal” and “national” models.
Speaking of federal and national: Austin clears up a lingering problem I have had with the word “federalist.” I have always thought there was something odd about the use of the word in the context of the Federalist Papers. The clear thrust of argumentation that I took away from the whole set of papers is in favor of a strong central government – in contrast to what had gone before with the Articles of Confederation. But was not the original arrangement described by the Articles a Federation? How, then, does argument for a stronger central government amount to a “Federalist” position? According to Austin, the proponents of the new Constitution performed a kind of “bait and switch” maneuver, successfully changing the meaning of the word before and after the Constitutional Convention. “Originally, a Federalist was someone who supported the Articles of Confederation, which established a minimal federal apparatus to coordinate the interests of thirteen powerful state governments. The articles limited the federal government to a few clerical and ceremonial functions, with all other powers reserved to the states through the crucial Second Article. (The Tenth Amendment is similar to the Second Article, but it is significantly weaker.) In the early stages of the debate, those supporting a stronger union with a more powerful central government were called “nationalists.” This term, however, sounded too much like “monarchist”. So the men who were in fact nationalists started using the term “federalist” to refer to measures that increased the weight and authority of the Confederation Congress; they referred to their opponents as “anti-federalist”. Anti-federalists were opposed to efforts to strengthen the government and were therefore unpatriotic.
It was good to understand that to be a constitutional “originalism”, or “textualism”, is not the same as being an “intentionalist”; that is, the notion of reading meaning into the Constitution based on what the Founders really believed and thought is known as “the original intent fallacy.” “Words mean things, and their meanings matter.” The Constitution is a legal document, authored by a team of 55 men, only 37 of whom signed it. It is not a novel written by one person, that we need to discover the meaning of through research of their life and times. We know that they wanted the Constitution to speak for itself because of the strict measures they took to keep the proceedings of the Convention secret, not only during the convention, but for decades after.
“Federalism as Mark Levin and his fellow conservatives understand the term [is indeed dead; it] died on June 21, 1788, when New Hampshire became the ninth state to ratify the Constitution. Its chief executioners were George Washington, James Madison, Alexander Hamilton, and John Jay. And its demise made the United States of America possible.”
“After the Constitution was ratified, Hamilton, George Washington, John Adams, and others all continued calling themselves Federalist; under that name, they fought to increase the power of the federal government and decrease the power of states. Madison, on the other hand, joined his long-time ally Thomas Jefferson to create the Democratic-Republican Party, which favored strong state government and saw the federal government’s role as one strictly limited to the specific powers enumerated in the Constitution.”
One of the seminal early debates is about “Discrimination” – whether to pay out government bonds to their current owners (largely speculators), or to divide the payout with their original recipients. Today, literally no one would dream of doing anything other than the Hamiltonian position: a bondholder is entitled to all the benefits accruing to the ownership of the bond. This is a fundamental of our market economy. It is thus ironic that small-government Jefferson was so keen on having the government step in and redistribute the payout. Similarly, Jefferson became a fan of implied powers while in government; the Louisiana Purchase being a standout example, since the Constitution makes no mention of the power to acquire additional lands. A final example is Jefferson, as President, signing into law the second charter of the Bank of the United States: an institution he had been the archenemy of, while Hamilton served in Treasury.
“The most important lesson of the Hamilton/Jefferson feud is people can have wildly different opinions about important issues and still be good Americans.”
"They did not fight a war and constitute a republic so that, two hundred years later, their descendants would try to govern the country through historical telepathy. The most important theme of the Founding era is self-government."
I rate this book highly because it is concise and readable, and lives up to its promise of providing a serious response to really bad political ideas.