Ron Paul's Farewell Speech in Congress Lays Bare His Hatred for "Pure Democracy," and Love of Oligarchy
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But the amendment was essentially a sop to the Anti-Federalists with little real meaning because the Constitution had already granted broad powers to the federal government and stripped the states of their earlier dominance.
The Right’s “scholars” also make much of a few quotes from Madison’s Federalist Paper No. 45, in which he sought to play down how radical a transformation, from state to federal power, he had engineered in the Constitution. Rather than view this essay in context, the Right seizes on Madison’s rhetorical attempts to deflect the alarmist Anti-Federalist attacks by claiming that some of the Constitution’s federal powers were already in the Articles of Confederation, albeit in a far weaker form.
In Federalist Paper No. 45, entitled “The Alleged Danger From the Powers of the Union to the State Governments Considered,” Madison wrote: “If the new Constitution be examined with accuracy, it will be found that the change which it proposes consists much less in the addition of NEW POWERS to the Union, than in the invigoration of its ORIGINAL POWERS.” Today’s Right also trumpets Madison’s summation, that “the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”
But it should be obvious that Madison is finessing his opposition. Whether or not some shadow of these federal powers existed in the Articles of Confederation, they were dramatically enhanced by the Constitution. In No. 45, Madison even plays down his prized Commerce Clause, acknowledging that “The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose, and from which no apprehensions are entertained.”
However, in Federalist Paper No. 14, Madison made clear how useful the Commerce Clause could be as he envisioned national construction projects.
“[T]he union will be daily facilitated by new improvements,” Madison wrote. “Roads will everywhere be shortened, and kept in better order; accommodations for travelers will be multiplied and meliorated; an interior navigation on our eastern side will be opened throughout, or nearly throughout the whole extent of the Thirteen States.
“The communication between the western and Atlantic districts, and between different parts of each, will be rendered more and more easy by those numerous canals with which the beneficence of nature has intersected our country, and which art finds it so little difficult to connect and complete.”
The Framers also understood that the country would not remain locked in a late 18th Century world. Though they could not anticipate all the changes that would arise over more than two centuries, they incorporated broad powers in the Constitution so the country through its elected representatives could adapt to those times.
The true genius of the Framers was their pragmatism, both for good and ill, in the cause of protecting American independence and unity. On the for-ill side, many representatives in Philadelphia recognized the evils of slavery but accepted a compromise allowing the states to count African-American slaves as three-fifths of a person for the purpose of representation in Congress.
On the for-good side, the Framers recognized that the American system could not work without a strong central government with the power to enforce national standards, so they created one. They transferred national sovereignty from the 13 “independent” states to “We the people.” And they gave the central government the authority to provide for the “general Welfare.”
Yet, the fight over America’s founding principles didn’t end with the Constitution’s ratification in 1788. Faced with a growing emancipation movement – and losing ground to the industrial North – the Southern slave states challenged the power of the federal government to impose its laws on the states. President Andrew Jackson fought back against Southern “nullification” of federal law in 1832 and the issue of federal supremacy was fought out in blood during the Civil War from 1861-65.