Donor Matching Funds Announced!

A generous donor has offered to match all contributions dollar-for-dollar for the next $10,000 raised, doubling the impact of your donation and helping us reach our fundraising goal faster.

$17,310 of $60,000 raised

Founding Fathers, Founding Villains

by | Jul 4, 2017

Founding Fathers, Founding Villains

by | Jul 4, 2017

Originally published September 1, 2012

As soon as there was a Constitution, fights about its meaning began. In 1792 Fisher Ames, representing the first district of Massachusetts in the first U.S. House of Representatives, complained about a tendency of Congress:

“We hear, incessantly, from the old foes of the Constitution, ‘this is unconstitutional, and that is;’ and indeed, what is not? . . . If the Constitution is what they affect to think it, their former opposition to such a nonentity was improper. I wish they would administer it a little more in conformity to their first creed.”

Ames was ridiculing the minority in Congress for having abandoned a position he considered idiotic—they’d claimed during the ratification debates that the Constitution made Congress a tyranny—for an equally idiotic contrary: now they claimed the same document limited federal power so strictly that Congress couldn’t do anything. “Antis,” Ames called them, short for “antifederalists.” He saw them as a “party of ‘no,’” to use a current phrase, and their constant appeals to constitutional restraints as spurious. It was rank antifederalism by other means.

Some students of the period wouldn’t agree with Ames. The Constitution, amended after ratification, wasn’t, in fact, the same document that the antifederalists had feared was tyrannical. Yet while the amendments can seem paramount to us—they’re what many people today seem to mean when they refer to the Constitution—the minority in the first Congress rarely resorted to them. James Madison, chief author of the Bill of Rights, was at the time still committed to federal sovereignty, and where antifederalists had hoped for amendments preserving state rights, Madison was careful to focus the amendments, as much as he could, on individual rights instead.

So to oppose federal activism, the minority in the first Congress looked to the Constitution’s main body. Nowhere, they said, did it empower the Congress to pursue big projects that the majority, associated with President Washington’s administration, believed were critical to establishing American nationhood. In the debate over forming a central bank—a favorite project of the first treasury secretary, Alexander Hamilton—Madison himself began questioning the powerful, wide-ranging national authority that he, Hamilton, and others had recently tried to build into the federal government. Soon Madison was leading his former antifederalist opponents in condemning the bank as unconstitutional. Congress’s power to create one, he said, is not enumerated in the document.

Hamilton, speaking in Congress through Ames and other allies, responded with an argument enshrined today as an elemental principle in an elemental dispute. While there is no explicit provision in the Constitution empowering Congress to charter a bank, the powers explicitly granted—in this case to borrow, tax, and coin money—naturally imply other, un-enumerated powers “necessary and proper” to exercising the enumerated ones. Otherwise government would be not limited but paralyzed, Hamilton believed, and, absurdly so, by government itself.

Read the rest at the Boston Review

William Hogeland

William Hogeland

Boston Review is a bimonthly American political and literary magazine. The magazine covers politics, poetry, film, fiction, philosophy, economics, book reviews, and criticism.

View all posts

Our Books

libertarian inst books

Related Articles

Related

TGIF: Damn Consumers!

TGIF: Damn Consumers!

Global free trade is about individual, not national, freedom—for consumers and producers who import raw materials, tools, and semi-finished products. Aside from its role as an aspect of personal liberty, free trade's efficiency benefits have been well-established...

read more
You Don’t Want to Get Out of Line…

You Don’t Want to Get Out of Line…

The fallout from the failed assassination attempt on former President Donald Trump during a rally in Butler, Pennsylvania continues. Speculation abounds that it was an “inside job,” the head of the Secret Service became “embattled” and resigned, and the assassin’s...

read more
Black Magic, Mad Science, and Super-Nazis

Black Magic, Mad Science, and Super-Nazis

On a London soundstage in 1987, a British pop star is filming a music video when he is interrupted by a visitor who has what he considers an insane request: You’re asking me to help you because Nazis from another dimension are trying to take over the world and only...

read more
America’s Palace Coup

America’s Palace Coup

On Sunday, July 21 at around 1:30pm Eastern time someone with access to President Joe Biden’s social media accounts posted that he was dropping out of the presidential election. The announcement was not on any form of official stationary and the signature was...

read more
Biden’s Blather and American Democracy Gone Awry

Biden’s Blather and American Democracy Gone Awry

Since late 2020, President Joe Biden has invoked “the will of the people” dozens of times to sanctify his power, including arbitrary decrees that were illegal or unconstitutional. Biden’s invocations did not prevent his re-election campaign from being terminated...

read more

Pin It on Pinterest

Share This