Introduction Essay: The Structure of American Government
Written by: Kirk Higgins, Bill of Rights Institute
Guiding Questions
What is the nature of the government established in the Constitution? How does it support self-government? What concerns were raised about the new/proposed Constitution during the ratification debates?
Foundations
In his essay, Federalist #1, Publius stated that there was an important question before the people of the United States. It was up to them to decide by their conduct and example “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.” In other words, people can choose whether to create a government that serves them well based upon reason and deliberation, or they can allow fate and force to determine their government. The government being established would depend on the people. Their voice would determine its success or failure.
Republican Government
A republican government is one rooted in the people based upon the consent of the governed and representation. Establishing a government based on the consent of the people had its challenges and only existed in a few societies such as ancient Greece and Rome. But, republics and democracies often collapsed into chaos or dictatorship. The Framers saw that passion, interests, desires, ambitions, and motivations of the people, often led to instability or outright oppression. However, they also knew that the passions of the people were a feature, not a bug of a republic, that would be channeled by institutions. People were capable of virtue, but susceptible to vice.
The challenge was this: how to create a republican government, rooted in democracy and democratic institutions, that was stable and just. This is what the Framers attempted to do with the design of the Constitution. Whether this government was adequately republican in its design became the focus of the ratification debates.
Human Nature – Ambition, Factions, Interest
The pro-ratification arguments were outlined most clearly in newspaper essays, later collectively called the Federalist. The authors, Alexander Hamilton, James Madison, and John Jay, would write together under the pen name Publius. In 85 papers, Publius would explain the structure of the new Constitution while making the case for ratification.
The new Constitution, Publius argued, would channel people’s naturally arising passions, factionalism, and ambition into structures that would limit its ill effects and leverage them to the government’s benefit. The size of the country, which many saw as a danger, would expand the sphere of the republic, expanding the number of interests it included, making it hard for a single faction to come to power. (Federalist #10) Ambition would be made to counteract ambition through the different levels and branches of government (Federalist #51), enabling it to work toward the common good. Auxiliary precautions, like checks and balances, separation of powers, and federalism, would all work to ensure this system limited the power of government and protected the liberty of the people. They argued for an energetic and more powerful national government than existed under the Articles of Confederation but one that was also limited. (Federalist #23)
The Federalists knew that self-government was necessary to ensure they aligned themselves with the republican principles of the Revolution and Declaration of Independence (Federalist #39), but not everyone agreed that the design of the new Constitution was sufficiently representative.
The Nature of Republican Government
Those who opposed ratification of the new Constitution, referred to collectively as the “Anti-Federalists”, argued that the Constitution’s design was not sufficiently republican. They argued that the strengthening of the national government would lead to consolidation of power. This threatened to restrict the rights of the people and make the representatives distant from the people. Where Publius saw the diversity of interests and the size of the United States as a means of keeping faction in check, forcing compromise and so good government, the Anti-Federalist saw a never-ending war of clashing interests and ineffectual government. They wanted a small republic where people had similar interests and representatives knew the will of the people.
The Bill of Rights
One common concern of the Anti-Federalists was the lack of a Bill of Rights in the new Constitution. They believed a statement of rights was essential to protect the rights of individuals from the government. Publius argued such protection was unnecessary at best and, at worst, dangerous. He further argued that the Constitution itself was a Bill of Rights because it limited government and protected rights. (Federalist #84)
Conclusion
Studying the structure of the Constitution helps us understand its proper role and purpose. We gain insight into the Constitution’s design by examining the ratification debates and see how it sought to fulfill the purpose of government outlined in the Declaration of Independence. Debates over the Constitution, its purpose, and its connections to the goals of our Founding are not limited to this period. They arise again throughout American history, notably during the lead-up to the Civil War. Armed with a clear understanding, we are equipped to continue these debates and take up the challenge Publius gave us to decide whether we can create government by our own choices.