Chance democratic

Chance democratic

Saturday, October 22, 2016

Democracy, aristocracy and the drafting of the Constitution

Southern Illinoisan, September 17, 2013

In November 2009, John Boehner, speaker of the U.S. House of Representatives, stood before a Tea Party rally waving a pocket-sized pamphlet proclaiming, "This is my copy of the Constitution.  And I'm going to stand here with our Founding Fathers, who wrote in the preamble: 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness'."
Had Boehner spent less time waving and more time reading the Constitution, he would know he was quoting from the Declaration of Independence, an equally important but entirely different document. 
Even as we celebrate Constitution Day today, we must admit that Boehner's mistake is all too common in a country that is more interested in venerating than actually understanding the Constitution and the historical context that produced it.
The Constitution grew out of the democratic ferment inspired by the American Revolution.  The leaders of the movement for independence came largely from the wealthy classes, either northern merchants like John Hancock or southern planters like George Washington, who believed they had reached a level of economic development sufficient to take over the leadership role in the former British colonies.  To justify their actions, revolutionary leaders drew on the political ideology of English republicanism, including such ideas as equality and popular sovereignty.
In the writings of revolutionary propagandists like Thomas Paine and documents like the Declaration of Independence, such ideas took on a strongly democratic tone.  And in the aftermath of declaring independence, as each state debated, wrote, and ratified its own constitution, more people than ever before in modern western history became involved in the political process.  The newly drafted state constitutions reflected this democratizing influence, as each state created a weak executive branch and vested most of the power in the popularly elected legislatures.
If anything, this spreading democracy accelerated after the Revolution ended in 1783. In late 1786, for instance, farmers in western Massachusetts, many of them Revolutionary War veterans, rose in what came to be called Shays’ Rebellion. Hard-pressed by debt, high property taxes, and a distant government, the rebels marched on county courthouses to prevent foreclosure hearings before eventually being put down by the state militia. Equally worrisome to representatives of wealth and stability was that these democratic forces were increasingly turning to electoral politics, and state legislatures were beginning to pass laws aiding debt-ridden farmers and equalizing tax burdens.
In this context, the guardians of wealth pushed back, trying to restrain the social forces the Revolution had set in motion, a process that culminated in the 1787 Constitutional convention. As James Madison would write in defense of the Constitution, “the most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society.” The framers of the Constitution made clear they stood with property holders.
In drafting the Constitution, Madison and the others at the convention took steps to rein in what they saw as the democratic excesses of the 1780s. For instance, the Constitution prohibited state legislatures from passing “laws impairing the obligation of contracts.” And in the event of future rebellions, it gave the national government the power to “suppress insurrections.”
As historian Gordon Wood has said, then, in the effort to draft and ratify the Constitution, “the quarrel was fundamentally one between aristocracy and democracy.”
But in this struggle, the defenders of aristocracy could not do whatever they wanted. At the Constitutional convention, Alexander Hamilton gave a speech advocating a president and senate indirectly elected for life and granting the national government power to appoint state governors, with veto power over any laws passed by state legislatures.
While most delegates to the convention probably would have preferred Hamilton’s plan, they knew it was impossible. It would be necessary to make accommodations to this democratic spirit. Thus the authors of the Constitution allowed for popular election to the House of Representatives and chose not to place property qualifications on voters. In addition, in order to secure ratification of the Constitution, proponents agreed to add a Bill of Rights guaranteeing the liberties of individuals and states against the powers of this new national government.
Popular pressure, in other words, made the final product much more democratic than its framers ever intended.
On this Constitution Day, it is useful to remember that the Constitution we revere was born of class struggle and that it remains contested terrain in the ongoing quarrel between aristocracy and democracy.

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