Our Form of Government

When the American Revolution started there had been a 500 year debate going on within political theorists that was having the effect of undermining the prevailing validity of the heredity based monarchies’ that predominated Europe and most of the rest of the world at that time.  Therefore western civilization was ripe for a change and that change came from the British colonies in America. Residing there was a group of very special men: Washington, Jefferson, Franklin, Adams, Madison, and Hamilton to name but a few of those that created this new system.

An interesting fact is that if we look at science and engineering for the period 50 years before and 50 years after 1776 we find that is the heart of the industrial revolution.  Mostly in England but also in the Americans we have the perfection of the steam engine, the flying shuttle loom, the crucible process for making steel, the small pox vaccine, the first machine tools, interchangeable parts, the battery and photography all being invented. From there things moved faster and faster resulting in the standard of living that we have today.

Since this was also the period of political economic and legal writing that included the likes of Adam Smith, William Blackstone, John Locke, Jean-Jacques Rousseau and Thomas Paine it is safe to say that we are today the result of these men and what they did during that period.

But back to politics and government to find out what was created after the end of the American Revolution with the signing of the Treaty of Paris on September 3, 1783.  A few years before that on March 1, 1781 the newly freed colonies begin operating under a loose form of government called the Articles of Confederation described in the first section of this book.

But there were problems with that form of government and so a few years later in 1786 a conventional was called to make changes as was allowed by the Articles of Confederation.  That quickly lead to the writing of the United States Constitution that we now have and that was ratified and put into effect on September 13, 1788.  By April of 1789 the elections had been held the 1^st congress convened and Washington sown in as the first President.  The rest is history in the making.

We know most of that and most of us know a little about the form of government that we have but few know why we have what we have.  That is sad for the why is the important part, especially today when some wish to make changes to the form of government that we have that will basically make the Constitution we have an obsolete document.

We know from historical records that there was a significant debate between those wanting a relatively strong central government (Federalist) and a weak central government (Anti-Federalist).  The compromise that allowed for the ratification was the Bill of Rights which was the name given to the first ten amendments to the United States Constitution.  The purpose of these amendments was to ensure that the power (for the serious readers the Sovereignty) stayed as much as possible with the people and the states.

Most of the first eight years of the new government were taken up in forming the government and forming the operating procedures for how it would actually function.  There was little historical help to those that wrote the constitution and those that were elected to run it.  And since the system was specifically set up to be cumbersome in operation with all kinds of checks and balances this was not an easy task.  So why was our government set up to be hard to get things done?

To get that answer we need to look at the forms of government and what you know about them is not necessarily what the first impression is.  If we go back to Locke and Rousseau we see that the power resides in the people and that they, through the ‘social’ contract give some of that power to the government.  The purpose of this ‘social’ contract is primarily for the protection of the people.  But it’s also to set up a system of governance that gives the people the rules (statutory and common laws) that determine the legal basis of how society operates day to day and year to year.

We can see that if there is no government and therefore no law that all the power resides in the people and they are free to do anything that they want.  This is called anarchy.  If we move to the other end as in a monarchy we have the opposite with all the power resting in the Monarch (king, emperor etc).  The people here are subjects with no rights except those that the Monarch grants them.  Today we hear about the right and the left or communism or fascism as forms of government but they are all really the same thing.  Oh there are differences but the important thing is that they all have as their base a strong central government. Which makes them little different than the heretical monarchies that ruled the world for so long.  Different titles and different procedures with or without voting but they all had at their core a ‘ruling class’ that governed the country some with almost absolute power.

Historically most countries ended up with a group that supported the monarch since it would be impractical for one person to run an entire country.  These people ended up being the royalty with a whole range of titles to establish a pecking order.  But even that wasn’t enough to affectively rule as the size of the countries increased and so councils were formed mostly of educated but not always aristocrats mostly with blood lines to the crown, so to speak.  There were various names for these councils such as the parliament in England generally the rule makers served at the Monarchs’ pleasure and were called magistrates.

When the United States Constitution was being written the founders did not want to establish a system like existed elsewhere for they had just finished fighting a long war to get rid of that kind of system.  But what else was there?  Well that is why the work of Locke and Rousseau were so important.  This is not to say that many others didn’t contribute to the thinking of that time but only that these two gave a theoretical basis for a different form of government.

So the task that those attending the constitutional convention in 1787 faced was to come up with something that was not a monarchy and not anarchy.  Something in-between the two that would give the people soon to be called citizens their freedom but yet allow for the protection of the people through a federal government. To get a better understanding of this process one of the best books written is The Five Thousand Year Leapwritten by W. Cleon Skousen.  First published in 1981 and then again in 2009 by American Documents Publishing.

The system that was set up here was deigned to fall between anarchy and a monarchy and be anchored there with strong controls and limits on what power the various governments’ power centers had.  There were Local, County, State and Federal systems each with a defined and limited ability to make laws.  Further, since their biggest concern was the Federal system it was broken up into many sections to defuse the power for they knew that the tendency would be for power to concentrate and once that accrued the form of government they had set up would be lost.

The purpose for all the checks and balances and splits in power and states rights and individual rights and the electoral system of determining the president was to prevent the concentration of power in the federal government which would inevitably lead to the Citizens be turned once more into subjects.

John Adams, “Liberty cannot be preserved without a general knowledge among the people, who have … a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge, I mean the character and conduct of their rulers.”