Democracy and The Federalist: A Reconsideration of the Framers' Intent

1959 ◽  
Vol 53 (1) ◽  
pp. 52-68 ◽  
Author(s):  
Martin Diamond

It has been a common teaching among modern historians of the guiding ideas in the foundation of our government that the Constitution of the United States embodied a reaction against the democratic principles espoused in the Declaration of Independence. This view has largely been accepted by political scientists and has therefore had important consequences for the way American political development has been studied. I shall present here a contrary view of the political theory of the Framers and examine some of its consequences.What is the relevance of the political thought of the Founding Fathers to an understanding of contemporary problems of liberty and justice? Four possible ways of looking at the Founding Fathers immediately suggest themselves. First, it may be that they possessed wisdom, a set of political principles still inherently adequate, and needing only to be supplemented by skill in their proper contemporary application. Second, it may be that, while the Founding Fathers' principles are still sound, they are applicable only to a part of our problems, but not to that part which is peculiarly modern; and thus new principles are needed to be joined together with the old ones. Third, it may be that the Founding Fathers have simply become; they dealt with bygone problems and their principles were relevant only to those old problems. Fourth, they may have been wrong or radically inadequate even for their own time.

2008 ◽  
Vol 24 (1) ◽  
pp. 65-88 ◽  
Author(s):  
Ronald Osborn

On August 6, 1824, William Lloyd Garrison, not yet twenty years old, penned a letter to the Salem Gazette opposing John Quincy Adams's bid for the presidency and endorsing the candidacy of a dedicated Georgian, United States Senator William Crawford. There is no mention in the document of the slavery issue and no hint that the young Garrison viewed the Constitution as anything less than a triumph of the founding fathers. The “high and exalted character” of the elections proved the Federalist Party “worthy of its great leader, the immortal WASHINGTON” and spread “vigor and strength throughout the political fabric of our constitution and government,” Garrison wrote. “It is peculiarly gratifying, too,” he declared,to observe the dignified course pursued generally by the few sentinels of freedom, who advocate and uphold those principles, which were promulgated by the Father of his Country, and sanctioned by JAY and HAMILTON, and AMES, with a host of other distinguished patriots.Garrison went on to stress the civic duty of voting, arguing that although no citizen was legally required to support any of the presidential candidates, reason “dictates that we should” so as not to upset “the peace of the Union.” Federalists should make pragmatic political choices, he wrote, and not squander their votes on ideal but unlikely candidates.


2020 ◽  
Vol 1 (2) ◽  
pp. 192-207
Author(s):  
Juliette Barbera

For decades, both incarceration and research on the topic have proliferated. Disciplines within the Western sciences have studied the topic of incarceration through their respective lenses. Decades of data reflect trends and consequences of the carceral state, and based on that data the various disciplines have put forth arguments as to how the trends and consequences are of relevance to their respective fields of study. The research trajectory of incarceration research, however, overlooks the assumptions behind punishment and control and their institutionalization that produce and maintain the carceral state and its study. This omission of assumptions facilitates a focus on outcomes that serve to reinforce Western perspectives, and it contributes to the overall stagnation in the incarceration research produced in Western disciplines. An assessment of the study of the carceral state within the mainstream of American Political Development in the political science discipline provides an example of how the research framework contributes to the overall stagnation, even though the framework of the subfield allows for an historical institutionalization perspective. The theoretical perspectives of Cedric J. Robinson reveal the limits of Western lenses to critically assess the state. The alternative framework he provides to challenge the limits imposed on research production by Western perspectives applies to the argument presented here concerning the limitations that hamper the study of the carceral state.


1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?


2009 ◽  
Vol 42 (2) ◽  
pp. 321-343
Author(s):  
Francis Dupuis-Déri

Résumé.L'étude des discours des «pères fondateurs» du Canada moderne révèle qu'ils étaient ouvertement antidémocrates. Comment expliquer qu'un régime fondé dans un esprit antidémocratique en soit venu à être identifié positivement à la démocratie? S'inspirant d'études similaires sur les États-Unis et la France, l'analyse de l'histoire du mot «démocratie» révèle que le Canada a été associé à la «démocratie» en raison de stratégies discursives des membres de l'élite politique qui cherchaient à accroître leur capacité de mobiliser les masses à l'occasion des guerres mondiales, et non pas à la suite de modifications constitutionnelles ou institutionnelles qui auraient justifié un changement d'appellation du régime.Abstract.An examination of the speeches of modern Canada's “founding fathers” lays bare their openly anti-democratic outlook. How did a regime founded on anti-democratic ideas come to be positively identified with democracy? Drawing on the examples of similar studies carried out in the United States and France, this analysis of the history of the term “democracy” in Canada shows that the country's association with “democracy” was not due to constitutional or institutional changes that might have justified re-labelling the regime. Instead, it was the result of the political elite's discursive strategies, whose purpose was to strengthen the elite's ability to mobilize the masses during the world wars.


1988 ◽  
Vol 50 (4) ◽  
pp. 603-627 ◽  
Author(s):  
Hillel G. Fradkin

Benedict Spinoza is the first philosophical proponent of liberal democracy. In his Theologico-Political Tractate he calls for the liberation of philosophy from theology and for the subordination of religion to politics. Though Spinoza may have not influenced the American Founding Fathers directly, both the clarity and the paradoxes of his arguments are perhaps the best guide to understanding better the present-day conflicts over religion and politics in the United States. Spinoza's insistence on the prerogative of the political sovereign to exercise absolute authority in the sphere of moral action necessarily complicates religious values. But the “inconveniences” resulting from liberal democracy are justified in terms of justice.


2010 ◽  
Vol 6 (1) ◽  
Author(s):  
Francis Dupuis-Déri

An examination of the speeches of modern Canada’s “founding fathers” reveals that they were openly antidemocratic. How did a regime founded on anti-democratic ideas come to be positively identified with democracy? Drawing on similar studies of the United States and France, this analysis of the history of the term democracy in Canada shows that the country’s association with democracy was not due to constitutional or institutional changes that might have justified re-labelling the country’s political regime. Rather, it was the result of discursive strategies employed by the political elite to strengthen its ability to mobilize the masses during the World Wars.


2019 ◽  
Vol 22 (1) ◽  
pp. 111-127 ◽  
Author(s):  
Nadia Urbinati

Populism is the name of a global phenomenon whose definitional precariousness is proverbial. It resists generalizations and makes scholars of politics comparativist by necessity, as its language and content are imbued with the political culture of the society in which it arises. A rich body of socio-historical analyses allows us to situate populism within the global phenomenon called democracy, as its ideological core is nourished by the two main entities—the nation and the people—that have fleshed out popular sovereignty in the age of democratization. Populism consists in a transmutation of the democratic principles of the majority and the people in a way that is meant to celebrate one subset of the people as opposed to another, through a leader embodying it and an audience legitimizing it. This may make populism collide with constitutional democracy, even if its main tenets are embedded in the democratic universe of meanings and language. In this article, I illustrate the context-based character of populism and how its cyclical appearances reflect the forms of representative government. I review the main contemporary interpretations of the concept and argue that some basic agreement now exists on populism's rhetorical character and its strategy for achieving power in democratic societies. Finally, I sketch the main characteristics of populism in power and explain how it tends to transform the fundamentals of democracy: the people and the majority, elections, and representation.


2019 ◽  
Vol 89 ◽  
pp. 5-14
Author(s):  
Rafał Mańko

Critical legal theory emerged in the United States in the 1970s, at a time when Central and Eastern Europe belonged to the Soviet bloc and was subject to the system of actually existing socialism. Therefore, the arrival of critical jurisprudence into the region was delayed. In Poland, the first texts on critical and postmodern legal theory began to appear at the end of the 1990s and the beginning of the 2000s. Lech Morawski’s monograph, characteristically entitled What Legal Scholarship Has to Gain from Postmodernism?, published in 2001, officially inaugurated a broader interest in postmodern legal theory. Adam Sulikowski has been the main representative of critical legal theory in Poland, developing a postmodern theory of constitutionalism. Other sub-fields of postmodern and critical legal theory, gradually developing in Central European jurisprudence, include such areas as law and literature, law and ideology, law and neocolonial theory, as well as feminist jurisprudence. There is a noticeably growing influence of critical sociology and critical discourse analysis which seem to be a promising paradigm for invigorating critical legal theory from an empirical perspective. The concept of “the political”, in the sense used by Chantal Mouffe, has been evoked to propose a “political theory of law” conceived as an analysis of the juridical phenomenon through the lens of the political. Recently, it has found its concrete applications in the political theory of judicial decision-making.


Author(s):  
Giacomo Luciani

This chapter looks at the role of oil in the political economy and the international relations of the Middle East. Oil is commonly considered a political commodity. Because of its pivotal importance as a primary source of energy, governments are concerned with its continued availability and seek to minimize import dependence. Historically, interest in oil — especially in the United Kingdom and the United States — strongly influenced attitudes towards the Middle East and the formation of the state system in the region, following the collapse of the Ottoman Empire. Oil also affects the power balance within the region. The polarization in the region between oil-rich and oil-poor states is thus an essential tool of analysis. The parallel distinction between rentier and non-rentier states helps to explain how oil affects the domestic political development of the oil-rich states and influences their regional relations.


Author(s):  
Richard Harris

This chapter advances the argument that regulation in the United States developed through a pattern of actions and reactions set in motion by business corporations and financiers of the Gilded Age attempting to control markets through cooperative institutional arrangements such asstock poolingandtrusts, justified by new ideas based on work of Charles Darwin and Frederick Taylor. These efforts at “private regulation” evoked demands from first populists and then progressives for government intervention to counter not only the economic impacts these new ideas and institutions but also the concentrations of business power that created and defended them. These demands for “public regulation” led to America’s first national regulatory laws and agencies. The evolution of the regulatory state in America reflects a succession of alternating private and public regulatory regimes, each characterized by a distinct set of regulatory ideas justifying its defining regulatory institutions and polices.


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