Circa1865

The author below writes that the Founders, to include men such as John Adams and James Madison, saw the purpose of a separation of powers in the new government as necessary to give both “property” and “the people” – the aristocracy and the workers – a voice in government with a check upon one another. He adds that those who think of government as a science and formal political structures have difficulty understanding the men of long ago who looked upon government as an instrument for resolving tensions among social classes, or “interests,” which was the term commonly used in the eighteenth century. The social interests remain today, as well as the social tensions.

Eighteenth Century Understanding of Government

“Those who bent their efforts, and a considerable amount of history along with them, to prove the constitutionality of the New Deal denied the fact of “State sovereignty” under the Article of Confederation. They asserted the old doctrine that the union came before the States and was therefore all-powerful: State sovereignty never existed. From this doctrine they deduced that New Deal measures could not be invalidated by the Supreme Court, which turned to “States’ rights” notions and a strict interpretation of the Constitution of 1787.

In doing so it was obvious the majority of the Court were motivated by political and economic predilections rather than concern for the true nature of the Constitution. The opponents of the Court, likewise, in their fervor to attain necessary ends, cited many analogies, the falsity of which they did not recognize. To them the argument of States’ rights used to defeat national regulation of business enterprise was specious and unfounded in history.

What they did not see was that the eighteenth-century counterparts of nineteenth-century vested interests likewise rejected the doctrine of State sovereignty. For them the only escape from a democracy which found expression in unchecked State governments was the creation of a national government which would limit if not destroy the sovereignty of the States. Despite the theorizing of later days, the fact remains that State sovereignty was a grim reality for those who objected to majority rule.

[Those] . . . who say or imply that democracy was not an issue in the Revolutionary era . . . do not face the fact that some of the Revolutionary leaders who became the folk heroes of later generations were actually opposed to what they believed to be, and what they called, “democracy.” Therefore they are unwilling to accept the idea that the Articles of Confederation were an expression of the democratic philosophy of the eighteenth century and that the Constitution of 1787 was the culmination of an anti-democratic crusade.

(The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781, Merrill Jensen, University of Wisconsin Press, 1963, excerpts pp. viii-ix)