After the creation of The Constitution the country was thrown into turmoil and alarm at the prospect of actually approving the document. The people had just thrown off the monarchy of England and the European way of aristocratical governance. Most thought the Constitutional Convention was to allow their representatives to shore up the existing Articles of Confederation under which the states were operating. Instead, state by state “The People” were being asked to approve a three-eyed cyclops! Talk about liberal and progressive! Which is to say, the traditional definition of liberal and progressive, which moves a people toward greater liberty and freedom. 

Despite the apprehensions, these sage statesmen felt this document was a different creation from anything drawn before. The outcome was to be a country of self-governing people who would elect their own representatives to govern themselves with their own laws. And what an entirely new recipe it was! A bit of democracy in the House of Representatives to represent the people. A little of aristocracy to represent monied interests in the senate. A modest amount of monarchy in the president for efficiency and dispatch. With a touch of judicial oversight in the courts to interpret the laws and defend the document from political encroachment.

What exactly was this?! It was a mixed democratic republic. Never before tried, and to date, never bettered. It has produced the most prosperous people and stable form of government the world has ever known. John Adams said it was “the greatest single effort of national deliberation that the world has ever seen.” (Bowen, Catherine Drinker. Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787. Blackstone Audio, 2012.)

To implement, the Constitution would require nine of the thirteen states to ratify it. And soon after its creation, two opposing sides to the question of its acceptance quickly formed: The Federalists and the Anti-Federalists. The former was a group of Americans who supported the creation of The Constitution and were led by James Madison, Alexander Hamilton, and John Jay. They supported their position with 85 papers written to newspapers under the pseudonym “Publius.” Publius is thought to derive from the root publicus, meaning “the people” or “of the people.” 

The question as framed by Hamilton to the people of his State of New York in The Federalist Papers No. 01 was this:

“It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, 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… And a further reason for caution, in this respect, might be drawn from the reflection that we are not always sure that those who advocate the truth are influenced by purer principles than their antagonists. Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as those who oppose the right side of a question…For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution…to increase the number of their converts by the loudness of their declamations and the bitterness of their invectives.”

Alexander Hamilton, The Federalist Papers No. 01

The Divine Science of Governance

As you can see, politics have never changed! Why? Because it deals with the Divine Science of allowing the less-than-divine man to govern his fellow man. Yet as Hamilton aptly points out, “that the vigor of government is essential to the security of liberty.” All of which demands the question, is it true that “dangerous ambition more often lurks in the mask of zeal for the rights of the people, than under the forbidding appearance of zeal for the firmness and efficiency of government”? (The Federalist Papers No. 01)

The Anti-Federalists, on the other hand, were a group of Americans who objected to the creation of a stronger U.S. federal government and opposed final ratification of the U.S. Constitution as approved by the Constitutional Convention in 1787. They preferred to stay governed under the Articles of Confederation which allowed their respective states greater liberty. Their concerns were also well-reasoned and reflective.

First among their concerns, there was no Bill of Rights to protect the unalienable rights of the people from the encroachment of government. Additionally, the office of President seemed too powerful and another version of a monarchy. During the debate over the ratification of the Constitution, Anti-Federalists charged that the President would become a king. In fact, he would be the worst kind of a king—an elected one. Cabals and intrigues would surely develop over the reelection of the incumbent. Third, the office of the Vice President was gratuitous. There was no provision for a council or cabinet to guide the president. Lastly was the threat of unelected federal judges to rule over state judges who were closer to the people. In summary, the ominous ivory tower of rulers seemed lurking in the balance. To give voice to the opposition were the Anti-Federalist papers written under the pseudonym “Cato,” who was a famous Roman statesman who tried to save the Roman Republic as it was falling prey to the monarchial despotic ways of Caesar.

Cato I, which came out on this date September 27, 1787, 235 years ago, kicked off the debate. Hamilton did not write The Federalist Papers No. 1 in response until October 27, 1787.

Here was their opening argument, most likely written by Governor Clinton of New York we are told. “The disposal of your reputation, and of your lives and property, is more momentous than a contract for a farm, or the sale of a bale of goods; in the former, if you are negligent or inattentive, the ambitious and despotic will entrap you in their toils, and bind you with the cord of power from which you, and your posterity, may never be freed; and if the possibility should exist, it carries along with it consequences that will make your community totter to its center: in the latter it is a mere loss of a little property, which more circumspection, or assiduity , may repair…..Beware of those who wish to influence your passions, and to make you dupes to their resentments and little interests—personal invectives can never persuade, but they always fix prejudices which candor might have removed—those who deal in them have not your happiness at heart. Attach yourself to measures not to men……the wisest and best of men may err, and their errors, if adopted, may be fatal to the community; therefore, in principles of politics, as well as in religious faith, every man ought to think for himself.”

Guided by Principles

So, I ask you, will it be reflection and choice by good men and women to administer the reins of government or will we be governed by the ambitious and avaricious? In principle we know the answer to these questions. A Bill of Rights was enacted by the Anti-Federalists shortly after the ratification of The Constitution by the Federalists. Checks and balances between branches of government to corral human nature were employed and have been exercised to this date; but have they been enough? Have the other branches of government become too docile to defend their respective turfs to effectively legislate, budget, and interpret the law? The Federalists and Anti-Federalists are still debating this today in the form of laws, rulings and regulations of energy, borders, money borrowing, debt forgiveness, abortion, and education just to name a few. These are the issues. But what are the principles that should guide these decisions? 

This is why we study the principles of freedom and the Divine Science of Government. Is there enough virtue, knowledge, and wisdom in us or those we elect to govern ourselves? 

It is the unalienable duty of the citizen to educate themselves individually on The Constitution and The Bill of Rights so that collectively we can stay safe, free, and pursue happiness. I invite you to read The Federalist Papers and vote for candidates that follow the outline and intent of these foundational documents of our country.    

Image attribution: Henry Hintermeister, Public domain, via Wikimedia Commons

September 17, 1787 produced the longest-lasting written constitution in the world. In 1878 William Gladstone wrote this: “As the British Constitution is the most subtle organism which has proceeded from progressive history, so the American Constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man.” (“The Yale Law Journal,” Vol. 5, 1896, pp. 239-246.)

Why should we celebrate the day of the US Constitution’s origination? 

Eleven years earlier on July 4, 1776 the Continental Congress declared independence from the British Crown proclaiming an endowment of equality on all mankind given to them by their Creator—the unalienable rights of Life, Liberty and the pursuit of Happiness—through the Declaration of Independence. Those words were carefully chosen and properly sequenced. To have liberty, you must have life. To have happiness, you must have the liberty to choose. 

Having boldly declared their intentions, the delegates were soon to discover their next challenge. As sovereigns they needed to collectively protect those sacrosanct rights. For over three months, fifty-five delegates worked to find a solution. Though elusive, their efforts were rewarded. Read the beauty and symmetry of the Constitution’s preamble and notice its aim. 

“We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

We the People!

The People are the sovereign power that designed this government and granted it power. “The power under the Constitution will always be in the people. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their interest, or not agreeable to their wishes, their servants can, and undoubtedly will be recalled.” (The Writings of George Washington from the Original Manuscript Sources, 1745—1799. Edited by John C. Fitzpatrick. Washington, D.C.: Government Printing Office, 1931-44, Vol. 29:311.) 

The union under the prior Confederation of States was imperfect. It did not protect those unalienable rights as desired by the founders. We were not recognized as a nation, partly, because we lacked order. In the absence of laws and in the chaos in the administration of the laws that did exist between local and state governments, justice was not being served to the people, instead leaving the keeping of the peace  and the defense and protection of life and property to each man on his own. Life was spent in protection of personal welfare, thus disturbing the “general welfare” that the preamble prescribes. Note the definition of welfare at that time as recorded in Webster’s 1828 Dictionary. 

Welfare, “Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government; applied to states.” 

Noah Webster’s American Dictionary of the English Language 1828

Securing the blessings of liberty to self and posterity was central to this document. Liberty was designed to be generational and to endure the tests of time. The Constitution was ordained for these purposes. Notice this generational and ordered definition that follows. Ordain comes from the Latin ordino or order and means: “Properly, to set; to establish in a particular office or order; hence, to invest with a ministerial function or sacerdotal power…..” (Noah Webster’s American Dictionary of the English Language 1828). The Constitution was Divinely intended to give men the power to create their own laws and then govern themselves and each other. The Constitution acknowledges that human nature and power need checks and balances.  

Each of the words from the preamble build on the previous one. Union and unity require promises to self and others in the form of justice. Justice provides tranquility and the general welfare and wellbeing of all, thus securing liberty to self and posterity which was ordained by God for a higher purpose. Many may think that is a stretch, but it is clear what the word ordained meant then as laid down by Webster’s Dictionary of that era.  

The Further Dispersion of Powers

The Constitution carefully separates horizontally the three powers of government by legislative, executive, and judicial. It then disperses those powers among federal, state, and local government. Each of those levels of government then further organizes the powers again horizontally, by legislative, executive, and judicial offices. This separation, both lateral and vertical, is designed to prevent tyranny—or the rule of a few over the many. 

Recognizing the importance of generational liberty George Washington said this: “A primary object should be the education of our youth in the science of government. In a republic, what species of knowledge can be equally important? And what duty more pressing than communicating it to those who are to be the future guardians of the liberties of the country?” (The Writings of George Washington: Being His Correspondence, Addresses, Messages, and Other Papers, Official and Private. George Washington, Jared Sparks, 1838, p.71.)

Was It Enough?

At this point the early Americans had their unalienable rights and a protective constitutional fence around them, and a government to protect those liberties. But was it enough? The Anti-Federalists still felt vulnerable and could foresee shadows and echoes of despotic governments of the past. They insisted on a bill of rights, one that would come two years later. The purpose of the Bill of Rights was set down in this preamble. 

“Congress of the United States begun and held at the City of New York, on Wednesday the Fourth of March, one thousand seven hundred and eighty nine. 

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.”

These thoughtfully enumerated rights were designed to prevent abuse of power by government over the citizens employing restrictive clauses as the insurance. The Constitution empowers government to protect the sovereignty of the people. But the Bill of Rights then turns 180 degrees to protect the people from the government. 

In Federalist 51 James Madison summarizes it well. “If Men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and the next place, oblige it to control itself.”

The creation and coupling of the Constitution and Bill of Rights is ordained order intended to produce liberty for our time and generations to come. If there is any one person or group out there with higher rights or superior principles for defending sovereignty of its citizens, I invite you to articulate them. 

Consider the Oath of Allegiance to the United States of America recited by naturalized citizens which says: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

September 17, 1787 witnessed a crescendo of the Constitutional Convention that conceived the greatest nation to have ever been birthed. Is the sun on America still rising or is it now setting? What informs your conclusion? 

George Washington used a specific chair, shown in the photo above and the painting below, for the Constitutional Convention’s continuous sessions. Benjamin Franklin is credited with immortalizing the chair at the close of the convention, observing, “I have often looked at that picture behind the president without being able to tell whether it was rising or setting. But now at length I have the happiness to know that it is a rising and not a setting sun.”

It took the thirteen colonies seven long years of war, from 1776 to 1783, to win independence from Great Britain. The war officially ended September 3, 1783. The united colonies had adopted Articles of Confederation in March of 1781. It was a shallow compact of thirteen states that retained their full and independent sovereignty. Absent a full union in all matters, one state could nullify or unilaterally make decisions.

This proved to be a very thin document on the world stage two years later as they tried to create unity and credibility. There was no executive to carry out orders with an enforcement power. There was no federal judiciary to mediate disputes, piracy, or crimes. There was no provision for regulating trade. There was no power to tax to pay for their soldiers except by each state voluntarily meeting their commitment. After several years of struggle with these challenges they came together in late May of 1787. What emerged was a miracle of minds meeting and coalescing around forging a stronger document on which to build a nation.

The difficult and hard work of finding agreement began on May 25, 1787. After frustrations began to mount, Benjamin Franklin described it this way:

The small progress we have made after 4 or five weeks close attendance & continual reasonings with each other — our different sentiments on almost every question, several of the last producing as many noes as ayes, is methinks a melancholy proof of the imperfection of the Human Understanding. We indeed seem to feel our own want of political wisdom, since we have been running about in search of it. We have gone back to ancient history for models of government, and examined the different forms of those Republics which having been formed with the seeds of their own dissolution now no longer exist. And we have viewed Modern States all round Europe, but find none of their Constitutions suitable to our circumstances.

In this situation of this Assembly groping as it were in the dark to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights to illuminate our understandings? In the beginning of the contest with G. Britain, when we were sensible of danger we had daily prayer in this room for the Divine Protection. — Our prayers, Sir, were heard, and they were graciously answered. All of us who were engaged in the struggle must have observed frequent instances of a Superintending providence in our favor. To that kind providence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity. And have we now forgotten that powerful friend? Or do we imagine that we no longer need His assistance.

I have lived, Sir, a long time and the longer I live, the more convincing proofs I see of this truth — that God governs in the affairs of men. And if a sparrow cannot fall to the ground without [H]is notice, is it probable that an empire can rise without [H]is aid? We have been assured, Sir, in the sacred writings that “except the Lord build they labor in vain that build it.” I firmly believe this; and I also believe that without [H]is concurring aid we shall succeed in this political building no better than the Builders of Babel: We shall be divided by our little partial local interests; our projects will be confounded, and we ourselves shall be become a reproach and a bye word down to future age. And what is worse, mankind may hereafter from this unfortunate instance, despair of establishing Governments by Human Wisdom, and leave it to chance, war, and conquest.

I therefore beg leave to move — that henceforth prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this Assembly every morning before we proceed to business, and that one or more of the Clergy of this City be requested to officiate in that service.

from Albert Henry Smyth’s The Writings of Benjamin Franklin, Volume 9

As this Providential convention ended on September 17, 1787, forty-one delegates signed the document.  When Franklin came forward to sign, it was recorded that “the old man wept.” (Bowen, Catherine Drinker. Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787. Blackstone Audio, 2012.)

Many realized a great battle had been won, but even bigger battles in Congress, and in the hearts and minds of the people, were yet to come. And from this great work what did they conceive? 

As the story was told and retold on the House floor, Franklin was walking out of Independence Hall after the Constitutional Convention in 1787 when someone shouted out, “Doctor, what have we got? A republic or a monarchy?” To which Franklin reportedly responded, with a rejoinder at once witty and ominous: “A republic, if you can keep it.”

Top image attribution: By unidentified NPS photographer – National Park Service website, Public Domain.