The Federalist Papers on unlimited national security

Posted on April 10, 2019. Filed under: Politics, The Founders, U.S. Constitution | Tags: , , , , , , , , , |

Rerunning our series on the Federalist debates; here we see how the men who supported the new constitution answered the Anti-Federalists’ concern that the strong federal government proposed by that document would degrade the republican virtue of American citizens by weakening local government, which they could take a more active, immediate role in. The Anti-Federalists made a passionate case that corruption would follow the distancing of government from the people, and challenged the Federalists to prove them wrong.

 

The Federalists replied by completely ignoring the whole argument as rearranging deck chairs on the Titanic. Their response focused on foreign policy and national security. A strong central government was absolutely essential to national security, they said—there’s no point worrying about domestic citizen virtue if the United States has been destroyed by a weak foreign policy and national defense. To survive in the world, the US had to be able to negotiate treaties in good faith; other nations had to believe the US would obey international law and live up to the terms of those treaties. For that to happen, the US had to have a strong federal government that could make sure the states lived up to the terms of the treaties. Without this mechanism for good faith negotiating, the US would open itself to invasion and dissolution.

This was no imaginary scenario in 1787. Even as the Federalist debates raged, the US was in violation of its treaty with Britain ending the Revolutionary War. In that treaty, the US had agreed to either return property seized from Loyalists during the war or reimburse those Loyalists for their losses. That was not happening, because state governments were not enforcing those terms, and that was the stated reason why Britain was not removing its army from the western frontier as it had promised to do. The U.S. had also signed a treaty with Spain promising to keep U.S. citizens east of the Mississippi River, out of the lands that would one day be the Louisiana Purchase but were in 1787 Spanish territory. Americans were moving into the regions that would become the states of Mississippi, Tennessee, and Kentucky—pressing right up to the Spanish border, and clearly intending to cross it. That could provoke a war with Spain in the west, which could activate a war with Britain in the west as well, and both countries could sweep east and divide up the nascent US between them and that would be that.

We have to have a strong federal government, said the Federalists, to enforce international treaties, deal with foreign powers to avoid war, and to organize a national defense if war cannot be avoided. A strong central government protecting the states will deter other nations from attacking individual states to pull the US apart piece by piece. Of course, the “government” itself wouldn’t fight a war: the government would have to raise a standing army.

This was political dynamite to many Americans in 1787. Getting the British standing army out of America had been a major war aim, and most Americans saw a standing army—an army maintained during peacetime—as a tool of tyranny. What government would resist using its army to keep the populace down, intimidate people, and prevent them from criticizing the government? And who would pay for it—the states? They were already maintaining their state militias; why add the expense of funding a national army? Why couldn’t the US fight any future war the way it fought the Revolutionary War, by sending states militia to join together in one army until the war was over, then to return to their states? When the Federalists added that the US would also have to have a strong navy, the call only confirmed suspicions that these forces would be used to tyrannize over the people, not protect the nation.

The standing army and navy also represented another problem: clearly, to create and maintain these armed forces, the federal government would have to tax the states. The Federalists did not mince words here. They said that the federal government must not only tax the states, but have an unlimited power of taxation.

Remember that under the Articles of Confederation, the federal government could ask the states for money, but could not levy a tax the states were required to pay. Remember also from part 2 of our series that the Anti-Federalists had criticized the idea of the federal government ever levying a tax, and made only the small concession that if a war came up the federal government could ask the states for money to fight it (without a guarantee that the states would pay it; they would, in fact, most likely have refused to pay it, focusing instead on beefing up their individual state defenses/militias). If the Constitution was adopted, that would radically change to allow the federal government to enforce any tax it liked in the name of national security.

The Anti-Federalist writing under the name “Brutus” (we do not know who this was) stated in his/her 8th essay:

“These powers taken in connection, amount to this: that the general government have unlimited authority and control over all the wealth and all the force of the union. The advocates for this scheme, would favor the world with a new discovery, if they would show, what kind of freedom or independency is left to the state governments, when they cannot command any part of the property or of the force of the country, but at the will of the Congress.”

Alexander Hamilton, rather than dissemble, agreed heartily. Yes, he said, the federal government will have unlimited authority over the “force” of the union, and over its wealth when it comes to preserving that union. In Federalist Paper 23, he said that because we cannot predict the future, and know what threats we may face, we have to be ready to face anything, and that means being ready to pay anything (all capitals are his, not ours):

“These powers ought to exist without limitation, BECAUSE IT IS IMPOSSIBLE TO FORESEE OR DEFINE THE EXTENT AND VARIETY OF NATIONAL EXIGENCIES, OR THE CORRESPONDENT EXTENT AND VARIETY OF THE MEANS WHICH MAY BE NECESSARY TO SATISFY THEM. The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed. This power ought to be coextensive with all the possible combinations of such circumstances; and ought to be under the direction of the same councils which are appointed to preside over the common defense. … And unless it can be shown that the circumstances which may affect the public safety are reducible within certain determinate limits; unless the contrary of this position can be fairly and rationally disputed, it must be admitted, as a necessary consequence, that there can be no limitation of that authority which is to provide for the defense and protection of the community, in any matter essential to its efficacy that is, in any matter essential to the FORMATION, DIRECTION, or SUPPORT of the NATIONAL FORCES.”

If the threats we face as a nation are “infinite”, then our capacity to respond to those threats must also be infinite. You can’t say, We’ll allow the federal government to tax the states to raise $100K for national defense in 1788 because that’s how much we needed in 1787. You can’t even say, let’s double it to $200K just in case. You cannot ever put a limit on the power of the government to tax the states to defend the nation because then you run the risk that what you need is $700 million, and you only have $200K.

This seemed preposterous to most Americans. How could so unexpected a threat arise? What on earth was going to change to make such huge amounts necessary?

In Federalist Paper 34, Hamilton answered this by saying, I don’t know. Who knows? Who can know the future? Who can say what unimaginable threats might arise in 50 or 100 years? You have to remember, Hamilton said, that we are talking about how the US government will function not just in our lifetimes, but for hundreds or even thousands of years:

In pursuing this inquiry, we must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity. Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs. Nothing, therefore, can be more fallacious than to infer the extent of any power, proper to be lodged in the national government, from an estimate of its immediate necessities. There ought to be a CAPACITY to provide for future contingencies as they may happen; and as these are illimitable in their nature, it is impossible safely to limit that capacity. In framing a government for posterity as well as ourselves, we ought, in those provisions which are designed to be permanent, to calculate, not on temporary, but on permanent causes of expense.

That is, the federal government must have the “capacity” to expand its expenditures when necessary, with no set limits. You can’t limit the government of 2014 to a certain amount of taxation because that’s what worked in 1787; we know, Hamilton says, that what works in 1787 is not going to work in 2014—it just can’t. Change is constant, and we can’t handcuff the federal government by forcing it to remain in 1787 as time marches on. We also can’t force the federal government to beg the states to approve each and every change it needs to stay current, or risk the states refusing that approval.

This Federalist argument is very much alive today. The federal government has defended NSA surveillance on the basis of anticipating threats we can’t even imagine. Some Americans believe that national security should trump personal privacy and liberty; others argue that the federal government should have to justify its actions and expenses to the public. For some Americans, no expense is too much if it is spent to protect the nation from threats real or imagined; others demand oversight of national security expenditures. Hamilton was prescient in his understanding that the definition of “threat” could change beyond all rational expectation. Whether he was right in saying the federal government must have the freedom and power to meet those threats by any means necessary is still a question in the United States today.

Next time we’ll see how this argument led to charges of trying to destroy the union being made by both sides.

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What is virtuous Republicanism? in the Federalist debates

Posted on March 26, 2019. Filed under: Politics, The Founders, U.S. Constitution | Tags: , , , , , , , |

Rerunning our series on the Federalist debates; here we look at the pros and cons of a strong federal government as argued at the time.

The Anti-Federalists wanted to keep government local. They did not want to change the sections of the Articles of Confederation that gave power to state governments and relegated the federal government to handling defense and foreign relations. That is, they wanted a confederation, not a union, of sovereign states that decided on their own whether they would heed calls from the federal government for taxation, or a military call-up, or a foreign treaty, etc. For instance, as we’ll see later in this series, when Alexander Hamilton proposed that the federal government must have the right to tax the states, unilaterally, in time of war, the Anti-Federalist response was to say, why not have the federal government go to the states when it felt it needed to raise money for war and the states would vote on whether to pay it. To us today that seems unworkable at best, crazy at worst, but it is clearly grounded in English law: the monarch had to go to Parliament to ask it to levy a tax to fight a war. This was a check on the monarch’s power meant to keep a monarch from bankrupting the kingdom in endless or losing wars. Parliament decided whether it would grant the money or not, considering whether the tax was in the best interest of the people. On the other hand, it was the breakdown of this system that had led to the English Civil War in 1642.

It’s obvious that the Anti-Federalists were worried that a strong federal government would begin to tyrannize over the states, as the British government in London had tyrannized its American colonies. But that British tyranny was just a symptom of a larger problem to the Anti-Federalists: the loss of virtuous republicanism.

Enlightenment political theorists described a successful republic as fueled by the private virtue of its citizens. Serving the state selflessly, devoting one’s energies to ensuring that the state fulfilled the common good, was an end in itself in the ideal/successful republic. All republics in history had failed, said the theorists, because civic virtue broke down—corrupted by power, or weakened by lazy inactivity. Of all the types of government, republicanism alone depended on the dedication of its citizens to the greater good and virtue as an end in itself.

This kind of republican virtue could only exist locally, according to the Anti-Federalists. When do people care about government? When they own it. When local people in local bodies make local rules, when you know your representatives and live next door to them and do business with them, then government is honest and effective, because it is truly representative, and any participant who goes against the common good is quickly voted out of office. State governments run by locally elected reps who live among their constituents can’t go wrong, especially in America, where the common people had proved their great republican virtue during the Revolutionary War by keeping their elected governments running and their local militias fighting.

The chances of local state governments remaining uncorrupted were made even greater by the fact that state reps would be elected by, and would mostly be themselves, farmers. Thomas Jefferson is the most famous of the advocates of the virtue of the yeoman farmer. A romanticized view of men who were “close to the land, close to God” was very popular during the Federal period, and continues on to a certain extent to the present day. To quote just one of Jefferson’s typical effusions:

“Those who labour in the earth are the chosen people of God, if ever he had a chosen people, whose breasts he has made his peculiar deposit for substantial and genuine virtue. It is the focus in which he keeps alive that sacred fire, which otherwise might escape from the face of the earth.”

(How a man who saw most farming done by enslaved men and women whom he described as incapable of virtue could wax so poetically so often is a riddle.) At any rate, farmers were seen as the polar opposites of bankers and businessmen: farmers did not make their money off of other people, did not get rich collecting interest on debt, etc. Farmers made an honest living working the land. Therefore, farmers should be the heart and soul of local government. Of course, in the late 1700s, the American economy was predominately agricultural, and most people were farmers, so to have a government run by farmers was not only possible, but natural, and truly representative.

To remove government from the states to a federal government, no matter how centrally located, was to strike a blow against republican virtue. Reps sent to that distant national capital would be necessarily distanced from their constituents, and lose touch with them. Local interests in one state would have to fight with the local interests of another state in the capital. State needs could be overruled by cooked-up “national needs”. Traveling to and from the capital, in an era when the nation had few good roads, meant reps would be on the road or in the capital most of the time, not living amongst their constituents. Farmers would not be able to be away from their farms for months at a time to do this, so citizens might stop electing farmers, people like them, and start electing urban businessmen who could wheel and deal more effectively, but, as a result of that, politics would become sleazy. And, crucially, local needs and local focus would take a back seat to national needs and national focus, which impinged on the sovereignty of the states—when you focus on national laws and taxes, you prioritize the national over the state/local, and the states become cogs in a machine rather than separate political entities. As the nation grew, any capital, no matter how centrally placed in 1787, would become distant and out of touch with its far-flung state citizens, and then tyranny inevitably beckoned.

Again, we recognize here an argument that has never died out of American politics. “Washington insiders” are “out of touch” with “the American people”, “Wall Street” tyrannizes over “Main Street”, and the world “outside the Beltway” has nothing in common with the world inside it. “Big government” is ruining the nation, and government itself “is the problem”. We still even like to idealize farmers, at least in produce and truck commercials. And the push to weaken the federal government and return more power and sovereignty to the states has been going strong since the 1980s.

But the belief that state governments, because they are smaller than the federal government, cannot become corrupt was strange in 1787 and it remains strange today. Power corrupts, and any entity given power runs the risk of corruption. We see corruption at all levels of our government, from city halls to state legislatures. If the federal government were wiped away tomorrow, and the states ran everything, local corruption levels would rise commensurately. Mayoral elections in cities large and small are generally characterized by claims that the candidates do not reflect or represent the people; the same thing happens in elections for state government and governorships. Our population is too diverse for any one person, to fully represent all her/his constituents. And gerrymandering and redistricting efforts make sure that no group of legislators can accurately represent the people of their state.

Yet that is exactly why we can’t completely discount the Anti-Federalists’ desire to pin government to citizen virtue. If everyone felt they really had ownership in their local government, they would work harder to safeguard that government. They would vote, and run for office, and insist on reps who really represented them. A representative democracy like ours is a rarity in the world; only a relative handful of nations really have truly representative democracies. And it does rely on its citizens’ virtue: they have to really believe in life, liberty, and justice for all, and be ready to put their fortunes and even their lives on the line for it. Our current federal government, as well as our state governments, work well only when stocked by people who have that kind of virtue.The Anti-Federalists were right to insist on this.

So how did the Federalists answer these domestic concerns? Find out next time.

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Federalists and Anti-Federalists: what did the debates do?

Posted on March 12, 2014. Filed under: Politics, The Founders, U.S. Constitution | Tags: , , , |

In our conclusion to our series on the Federalist debates that gave us our constitution, we try to wrap up their overall impact on the U.S., in their own time, and over the centuries since 1787.

We haven’t hit all the topics of debate in this series; for example, we haven’t looked at the worthy Anti-Federalists criticisms of the Supreme Court (they balked at the idea of having an unelected, lifetime-term body that could overturn the laws of Congress as it pleased; as usual, the Federalists replied that any body in service of the just Constitution would never become tyrannical). We have also left out the demand for a Bill of Rights, which was general on both sides, Federalist and Anti-Federalist (more on that in a later series).But we have gotten a sense of the categories of debate in general: the Anti-Federalists wanted to keep government as small and, crucially, as local as possible to avoid its corruption; and the Federalists wanted to give the federal government elastic powers to meet unforeseen dilemmas in the future, as well as to control the all-too-real and familiar dilemmas the young nation was already facing.

But in a larger sense, the Federalist debates were important not for their content, but for their happening at all. After popularly elected delegates met to create a new body of national laws, the entire nation was invited to participate in the debate over their ratification as our Constitution. Every aspect of the proposed Constitution was dissected and put under the microscope, and dissenters were free to publish their dissent, their criticisms and fears, in the free press. 85 Federalist Papers were published between October 1787 and August 1788. This is a far cry from the usual press treatment of big issues today, which usually feature a flurry of intense coverage for a week or so, then a near-complete dropping off of interest. For nearly a year the nation weighed the pros and cons of the proposed Constitution and the government it would create in a public forum where no holds were barred. Then the states elected delegates to participate in ratification conventions, and in most states people thronged outside the building where the conventions met, waiting to hear what they had chosen—to accept the new Constitution or not. Over 10 months, the required 9 states voted to ratify, which the caveat that a Bill of Rights be written and added to the Constitution as the first order of business of the  new government.

This democratic process must have inspired some Americans to believe in the Federalist promise that republican virtue could be relied on  even in a large population. No one had been censored, no one arrested or imprisoned, no one lost their property or their livelihood as a result of the position they took on the Constitution. Americans must also have been inspired by the near-blinding modernity of the ideas in the Constitution, and the futuristic nation they at once created and imagined.

We have seen over the centuries since 1788 that the Anti-Federalists got a lot right; their questions about state power to counter federal power, the danger of giving any government body unlimited power to act in the name of national security, and the tendency of power to corrupt have been proven pertinent many times over. Yet we see that the Federalists’ main precept was correct: any government, even a small, local, state government, can become corrupt if people lose faith in the principles of democracy. Keeping things local is no guaranty against corruption. And we can’t rely on one segment of the population—the small farmer or, to add today’s like category, the blue-collar worker—to provide all the republican virtue. Everyone has to be raised up in the tradition and discipline of democracy. Every citizen has to be committed to upholding the Constitution. And the most committed citizens should serve in our government—not the richest or celebrity citizens. If we believe in the principles the Constitution offers, we will send people to Washington who also believe in them, and will actively uphold them in the face of temptation to corruption.

And so we leave the U.S. in 1788, with its newly ratified Constitution, and centuries ahead of it to work out the million problems old and new, expected and completely unanticipated, that would challenge the strength of that document and the commitment of those citizens. We should take with us as we go a bit of their republican virtue to solve the problems we face in our own time.

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The Federalist vision of the American Republic

Posted on February 19, 2014. Filed under: Politics, The Founders, U.S. Constitution | Tags: , , , , |

In part 6 of our series on the Federalist debates that gave us our Constitution, we rebound off the Federalists’ weak attempts to claim that the federal government they envisioned could indeed have its power checked by the states (which was not really true) to their more powerhouse vision of what a modern, American republic would really mean.

We, like the Federalists, have looked at the traditional republics of antiquity and seen that they were all very small geographically, very dependent for their success on the civic virtue of their citizens, and, perhaps consequently, very short-lived. The Anti-Federalists worried that the United States was already far larger geographically and population-wise than any previous republic, and that any central, federal government would necessarily be far removed, physically and spiritually, from the heart of the people—the farmer. Anti-Federalists said that the honest, virtuous yeoman farmer was and should be the backbone of the nation, because he could be counted on to do the right thing (the merits—or lack thereof—of this dubious argument can be set aside for now). The whole point of government should be to educate the people in civic virtue by giving them local government they could be actively involved in. That could not happen in a federal state, especially one where the states had no right to check the power of the federal government. What you want in a republic, the Anti-Federalists said, is all the people involved in all the government all the time, united in their virtue and commitment. And in this argument, they were backed by historical opinion.

The Federalists rejected this. Instead, they offered the world a radical new definition of a republic. Direct popular rule, they said, is exactly what you don’t want in a republic. Why? Because whenever human beings gather together, they fight. It’s just human nature. People break into factions. They group together, united by some common interest they discover or invent, and then they want to push their own agenda, gaining more rights for themselves at the expense of the common good in general, and the “them” they see as threatening them in specific. This “us against them” mindset is unavoidable in human society. And it leads to one thing: tyranny of the majority.

We’ve discussed this concept in several places on the HP; here, the thing to focus on is that the classical republican ideal of a populace united in virtue is a complete fantasy, according to the Federalists. No population is ever going to be united, for a good or a bad goal. It will break into factions and each faction will attempt to impose its way on the others (tyranny). And even if the majority of the population is in one faction, it’s still wrong, the Federalists insist, for that majority to impose its will on others (tyranny of the majority). As we put it elsewhere, this tyranny of the majority:

…ends up perverting democracy by forcing injustice on the minority of the public. Slavery is a good example. Most Americans in the slave era were white and free. White and free people were the majority, and they used their majority power to keep slavery from being abolished by the minority of Americans who wanted to abolish it. The rights of black Americans and white abolitionists were trampled by the tyranny of the majority.

Before Brown v. Board of Education in 1954, the majority of Americans were fine with segregated schools, for various reasons. They used their majority power to oppress the minority of Americans who were black, or who were white and wanted desegregation. In each of these examples, the majority is imposing and enforcing injustice, which is incompatible with democracy. They are tyrannizing rather than governing.

Faction, the Federalists say, will always trump the goal of a united populace. So what do you do to get real democracy? You avoid direct rule and embrace faction.

Here’s the argument: work with factions, don’t try to suppress them with an education program to create virtuous citizens, because that will never work. Instead, embrace all the problems the Anti-Federalists see with creating an American republic—the large size of the nation, representatives working far away from their constituents, farmers not having time to travel to a far away central government. All of these things will make a new kind of republic possible. First, the large size of the nation means that many diverse people will populate the country and it will be hard for them to join together to make large factions that threaten tyranny of the majority. The large size of the nation also means that if a faction does gain traction in one region, it will likely remain in that region—it won’t spread, because the factors in its region that promoted its growth won’t be found in other regions. And in a large nation, representatives will be physically far away from the people, and that’s good because it keeps them away from the pressure of the mob, from factions banging down their doors.

And in our large nation, members of Congress will have such diverse constituencies that they will have to compromise in order to try to satisfy as many people as possible (something that gerrymandering was quickly invented to remedy). But even with gerrymandering, this did work for many decades: one great example is slavery. The two main American political parties of the first half of the 19th century, the Whigs and the Democrats, were evenly and equally represented North and South. There were no red or blue states—each region had Whigs and Democrats. Because of this, few politicians could take a bold stance on the divisive issue of slavery, because politicians North and South knew that they had pro- and anti-slavery constituents. And so there was compromise on slavery, from the big compromises we all know, like the Missouri Compromise and the Compromise of 1850, to many smaller ones. Only a few people, like John C. Calhoun of South Carolina or Thaddeus Stevens of Pennsylvania had unified enough constituencies to take hard-line stances on slavery (Calhoun for, Stevens against).

Now, we regret today that slavery was ever an issue of compromise, but those compromises did prevent a civil war from breaking out in, say, 1820, when it would have been even more devastating to the young, unstable nation than it was in the 1860s. And we see that as the sections (North and South) became more polarized throughout the 1850s, the Whig party disintegrated, its Northern members unwilling to compromise over slavery and leaving to join the antislavery Free Soil or Republican parties, and the Democratic party became a South-only party, completely devoted to promoting and protecting slavery and nothing else. The Democratic party was able to exercise tyranny of the majority over the other parties for many years because of its unity, its factional devotion to one “us against them” issue. And so the civil war came.

So the Federalists argued that faction could be controlled by sheer size, on the one hand, but also by virtue, on the other. Yes, Anti-Federalists, there is still need for citizen virtue, said the Federalists, but instead of all the citizens needing to be ideal people who rise far above human nature’s need for tyranny and faction, only a few citizens need to do that. First of all, only a few citizens really can do that, said the Federalists, people who are well-educated and devoted to justice. If we urge our best people to go into government, then not only will our government be good, but the average person will respect their leaders and their government, and will give up some of their factional mob nature and support both instead.

In a way, the federal government in this vision of a republic is like a Play-doh fun factory: the misshapen mass of factional mob demands are fed into Congress, where members of Congress shape them into good laws by focusing on what is best for the people. In go irrational, factional demands, and out come good laws. And those good laws will inspire and educate the people, and make them less factional. So public virtue does not rise from the ground up, but moves from the top down.

This was indeed a vision of the republic that was completely new. It turned classical republicanism on its head. It said that allowing the people direct rule was just a way to make sure that their destructive factional demands destroyed their government. The Federalists said that removing the government from the destructive impulses of the people was the best way to improve the people over time.

It seems clear today that the Federalists were right to dismiss the Anti-Federalists’ devotion to the classical ideal, which was based on a fantasy version of heroic farmer politicians who would never do wrong, all citizens having direct control over government, local governments that would never become corrupted, government devoted to educating its citizens rather than governing them, and sovereign states united by ties so weak that any conflict could dissolve them.

Next time we’ll look at the arguments over representation to Congress. If that one body was going to house the powerful federal government, and somehow represent all citizens fairly, it was going to have to be composed fairly, out of a huge population. This would be no easy task. In fact, before representation could even be discussed, the structure of Congress would have to be argued out.

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Federalists and Anti-Federalists: which one really wanted a Union?

Posted on February 5, 2014. Filed under: American history, Politics, The Founders, U.S. Constitution | Tags: , , , , |

Hello and welcome to part 4 of our series on the Federalist debates that gave us our Constitution. Last time, we looked at the Federalists’ conception of national security and how it demanded a strong centralized government with unlimited power of taxation. Here, we look at the Anti-Federalist reaction to this vision, and how it led, oddly, to accusations on both sides that the other side did not really want a United States.

The Federalists had the obvious position: the Anti-Federalists’ insistence on sovereign states wielding state militia to defend themselves was, the Federalists insisted, a clear sign that the Anti-Federalists did not really want a union. They weren’t really committed to joining together with other states to form a whole greater than the sum of its parts. What the Anti-Federalists really wanted, said the Federalists, was for each state to eventually go its own way and exist as an independent republic.

The Anti-Federalists’ accusation of disunion was more subtle: in their insistence on a national security state, the Federalists themselves undermined the idea of a union by taking away citizens’ rights in the name of defense. The Federalists would tax indiscriminately, and likely impose other burdens impossible to even think of at the present time, and take away all the freedoms and all the political participation of citizens that define a republic. The Federalists would create an oligarchy in all but name.

In their argument, the Anti-Federalists were touching on an issue that actually worried the Federalists, too: republics in history had always been very small. They had to be small, reasoning went, because everyone had to be able to participate, and if you had a huge population that would be impossible (what building could hold them all in a Congress?) and if you had a large geographic footprint that would also be impossible (you would be forced to impose a random central point where the government would exist that would necessarily be far away from most of the people). The United States already had the huge footprint—just the 13 states together were much larger than any previous republic, or any previous kingdom, for that matter—and the population was bound to grow to match it. Even the individual states, as Federalist Alexander Hamilton pointed out, were already each much larger than any previous republic. Only Rhode Island was close to the small size necessary for republican government. Every other state in the Union would have to be broken up into smaller states to be true republics.

This endless splintering would spell the end of trying to create a Union. The component pieces would be so small they would feel no need to give up their government to someone else, and would only create treaties with neighboring states, for trade or for mutual protection. And if there were 39 states in the geographic area that had been occupied by just 13 states, what would happen as the U.S. expanded across the continent? You would end up with hundreds, even thousands of states, and no federal government could hold all their delegates.

While this argument made the Anti-Federalists doubt whether Union could or should be attempted, it galvanized the Federalists to argue for something that has become familiar to us today, but was new then: American exceptionalism. The United States was not like a republic of the distant past, they said. The U.S. is not ancient Greece. The U.S. is a modern republic, and it can make its own rules—it can update the definition of republic, or even redefine it. Look at those past republics, Hamilton and Madison said: they all failed. They didn’t even last very long. So why are we supposed to follow their rules? America is all about new ideas, new ways of doing things. Look at our Declaration of Independence, they said; it is the first of its kind. We are creating a new government from scratch to meet new conditions and new possibilities, in a new world of modern Enlightenment ideas. Why should we be bound by Iron Age thinking?

The Federalists acknowledged that there would be trial and error in this approach, but they made the case that the rewards were worth the risk. Let’s bind a huge landmass into a republic, they said, and find a way to represent all the people and give them an active political role nationally and locally. Let’s expand to fill this North American continent and still remain a republic. Let’s become a republic of millions. Let’s redefine what it means to be a republic, and make a new government for a new time and place.

This was an exciting argument for many Americans, but it smacked of recklessness to others. It also failed to satisfy the questions about national security—what was so new and exceptional about a government with unlimited power to tax its subjects? Isn’t that the definition of a monarchy, or a dictatorship? And what are our guarantees that a central government with that kind of power won’t unilaterally change the Constitution that gives the citizens their rights? In the end, are we re-defining republicanism, or abandoning it?

Next time, we’ll see how prescient the Anti-Federalists were about that.

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