The Founding Fathers knew that you can’t have both
by Myron Magnet
With the fulminating on the
left about inequality—“Fighting inequality is the mission of our times,” as New
York’s new mayor, Bill de Blasio, summed up the theme of his postelection
powwow with President Barack Obama—it’s worth pausing to admire anew the very
different, and very realistic, modesty underlying Thomas Jefferson’s deathless
declaration that all men are created equal. We are equal, he went on to
explain, in having the same God-given rights that no one can legitimately take
away from us. But Jefferson well knew that one of those rights—to pursue our
own happiness in our own way—would yield wildly different outcomes for
individuals. Even this most radical of the Founding Fathers knew that the
equality of rights on which American independence rests would necessarily lead
to inequality of condition. Indeed, he believed that something like an
aristocracy would arise—springing from talent and virtue, he ardently hoped,
not from inherited wealth or status.
In the greatest of the Federalist
Papers, Number 10, James Madison explicitly pointed out the connection
between liberty and inequality, and he explained why you can’t have the first
without the second. Men formed governments, Madison believed (as did all the
Founding Fathers), to safeguard rights that come from nature, not from
government—rights to life, to liberty, and to the acquisition and ownership of
property. Before we joined forces in society and chose an official cloaked with
the authority to wield our collective power to restrain or punish violators of
our natural rights, those rights were at constant risk of being trampled by
someone stronger than we. Over time, though, those officials’ successors grew
autocratic, and their governments overturned the very rights they were supposed
to protect, creating a world as arbitrary as the inequality of the state of
nature, in which the strongest took whatever he wanted, until someone still
stronger came along.
In response,
Americans—understanding that “kings are the servants, not the proprietors of
the people,” as Jefferson snarled—fired their king and created a democratic
republic. Under its safeguard of our equal right to liberty, each of us,
Madison saw, will employ his different talents, drive, and energy, to follow
his own individual dream of happiness, with a wide variety of successes and
failures. Most notably, Federalist 10 pointed out, “From the
protection of different and unequal faculties of acquiring property, the
possession of different degrees and kinds of property immediately results.”
That inequality would be a sign of the new nation’s success, not failure. It
would mean that people were really free.
The democratic republic that
the American Revolution brought into being, however, contained the seeds of a
new threat to natural rights, Madison fretted. Yes, the new nation will operate
by majority rule, but even democratic majorities can’t legitimately overturn
the fundamental rights that it is government’s purpose to safeguard, no matter
how overwhelming the vote. To do so would be just as grievous a tyranny as the
despotism of any sultan in his divan. It would be, in Madison’s famous phrase,
a “tyranny of the majority.” As Continental Congressman Richard Henry Lee put
it, an “elective despotism” is no less a despotism, for all its democratic trappings.
How would such a tyranny
occur? Almost certainly, Madison thought, it would center on “the apportionment
of taxes.” Levying taxes “is an act which seems to require the most exact
impartiality, yet there is perhaps no legislative act in which greater
opportunity and temptation are given to a predominant party, to trample on the
rules of justice. Every shilling with which they overburden the inferior number
is a shilling saved to their own pockets.” How easy for the unpropertied many
to expropriate the wealth of the propertied few by slow erosion, decreeing that
they should pay more than a proportionate share of the public expenses. How
seductive for the multitudinous farmers to levy taxes on the much smaller
number of merchants or bankers or manufacturers, while exempting themselves.
How tempting for the majority who have debts to transfer money secretly and
silently away from the minority who are their creditors by debasing the
currency, so that the real value of what they owe steadily shrinks, as Madison
well remembered from the ruinous inflation of the Revolutionary War years. And
a year before the Constitutional Convention, Madison recalled, the debt-swamped
farmers of western Massachusetts had cooked up, in Shays’s Rebellion, still
more “wicked and improper” schemes for expropriating the property of others:
trying to close the courts at gunpoint to prevent foreclosures on their
defaulted mortgages and even demanding the equal division of property.
So as chief architect of the
Constitution, designed to give the federal government sufficient power to
protect citizens’ basic rights—above all, the power to tax, whose lack under
the Articles of Confederation had made the Revolutionary War longer and grimmer
than it would have been if Congress had had sufficient means to buy arms and
pay soldiers—Madison proceeded with his heart in his mouth, fearful that such
augmented power made a tyranny of the majority all the more possible. His main
challenge at the Convention, as he saw it, was to guard against precisely that
outcome. So while four of the 18 specific powers that Article I, Section 8 of
the Constitution gives Congress concern the levying of taxes and the borrowing
and coining of money to “provide for the common Defence and general Welfare of
the United States”—taxes that “shall be uniform throughout the United
States”—eight of the rest deal with spending only for military and naval
purposes, while the “general welfare” powers extend only to building post
offices and post roads; establishing federal courts; protecting intellectual
property by copyrights and patents; and regulating bankruptcies,
naturalization, and interstate and foreign commerce. Not content merely to
limit and define explicitly the federal government’s power, Madison made sure
that the Constitution divided it up among several branches, limiting the power
that any single individual or official body could wield and putting each
jealously on guard against any other’s attempt to seize a disproportionate
share. Moreover, all these officials (except the judges) were elected
representatives of the people: they were the agents through whom Americans, who
had no rulers, governed themselves.
But why was the liberty that
Madison so mightily struggled to protect so precious? Americans knew how
grievous its opposite was, both from the enslaved blacks they saw all around
them as well as from their knowledge that their own forebears had fled British
persecution of non-Anglican Protestants or European persecution of all
Protestants, denied even freedom to express their own beliefs. They knew what
man could inflict on man. But of all the Founders, Treasury secretary Alexander
Hamilton gave the most positive, eloquent, and inspiring answer to that
question—though, in fact, he thought that he was answering a question about
economics. Illegitimate, orphaned, and poor, Hamilton dreamed big dreams as a
teenage clerk, sitting on his countinghouse stool on a small West Indian island
whose only business was sugar and slaves. Ambition burned within him, along
with a keen but unformed sense of his own talent. He knew he could be something
other than he was. But what or how, he didn’t foresee. Maybe a war would come,
he daydreamed, and give him his chance.
Read more at : http://www.city-journal.org/2014/24_2_liberty-or-equality.html