Joel Mathis

In response to my complaints that Hillary won the popular vote even while losing the Electoral College, my friends who are (ahem) perhaps more faithful to the Constitution as written point out — correctly — that the Constitution has a number of “countermajoritarian” features, that the American government was designed as a republic instead of a straight democracy in order to ensure the majority couldn’t tyrannize the minority. In fact, they say, the Electoral College is an important one of these countermajoritarian features because it gives individual states more of a role in selecting the executive, instead of leaving it a straight-up popularity contest. There’s pretty strong evidence, though, the Founders didn’t intend the popular vote losers to regularly win office. One feature of the old — failed — Articles of Confederation  is required a supermajority (nine of the 13 states) to pass legislation. Which meant a single state, or a small minority of states, could muck t

It's true that when America adopted its Constitution, the Founders who wrote the Federalist Papers didn't put much—any—effort into defending the filibuster tactic that is so widely used in today's Senate . Why? Well, the Constitution itself didn't mention the filibuster: That's something the Senate decided, on its own, to allow in the rules. Still, while reading Federalist 58 , it's pretty easy to see what the Founders would've thought about the filibuster: They wouldn't have liked it. We can surmise as much when James Madison grapples with whether the Constitution should've required much more than a quorum for the House of Representatives to vote on weighty matters. Madison didn't like the burden that would create. Why? It would enable a minority of Congressmen to block legislation simply by not showing up : It has been said that more than a majority ought to have been required for a quorum; and in particular cases, if not in all, more than a

Like a lot of liberals, when I think about the Constitution's original provision that counted slaves as three-fifths of a person for the purpose of apportioning representation in Congress, I often think about it in racial terms: They were literally saying that black people were less than fully human! Sometimes I think about it in political terms: Southern politicians were accruing power—and thus preserving slavery—by giving slaves any human weight at all. But I don't often think about it in economic terms. Federalist 54 changes that for me. This is the paper in which James Madison must justify the three-fifths apportionment to the people of New York. And his primary justification is this: Slaves are a form of wealth. And wealth deserves a little extra representation in the halls of government. No really. This is what Madison writes: "After all, may not another ground be taken on which this article of the Constitution will admit of a still more ready defense? We have h

In the tradition of James Madison? The men who created the Constitution didn't gather at Philadelphia with the purpose of creating a constitution, actually. They were there to try to fix the old constitution, the Articles of Confederation, that bound the United States together loosely but imperfectly. This was their commission: "Resolved -- That in the opinion of Congress it is expedient, that on the second Monday of May next a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose of revising the Articles of Confederation , and reporting to Congress and the several legislatures such alterations and provisions therein , as shall, when agreed to in Congress, and confirmed by the States, render the federal Constitution adequate to the exigencies of government and the preservation of the Union." But the men who gathered at Philadelphia didn't actually do the specific job they were given.

Read all entries in my series on The Federalist Papers here. Well. No wonder we're so confused. My writing partner Ben Boychuk and I had the pleasure of interviewing author Ron Chernow this week. He wrote the acclaimed new biography of George Washington, along with an earlier bio of Alexander Hamilton -- he knows something, in other words, about the founding of this country. In our discussion, Chernow repeated his assertion ( first made in a New York Times op-ed ) that today's Tea Partiers are wrong to claim an exclusive ideological heritage descended from the Founders. In truth, Chernow said, the Constitution was a compromise between competing visions of government -- powerful or limited? Instead of actually settling the question, the Founders fudged it a bit, so that the arguments of the 21st century aren't so different from the 18th. Nowhere is that tension more evident, perhaps, than in James Madison's authorship of Federalist 39 . Madison's intent her

James Madison is sure a whiny sonofabitch. Sorry. That's crass and vulgar, not at all in keeping with the high-minded aspirations of this project of reading all the way through The Federalist Papers, which is the Founding Fathers' gift to us, the best explanation we have on hand of why they did what they did in crafting the Constitution of the United States. But in Federalist 37 and 38, we're reminded that the Founders weren't actually demigods who met at a modern Mount Olympus and received the text as a gift from some even higher power. (Not that Madison and others weren't interested in promoting that storyline: "It is impossible for the man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolution.") They were politicians, really, and very human. And like all humans who have worked really hard on a project, they got irritated at th

The farther I read into the Federalist Papers, the more I'm convinced the Tea Partiers only know about half their history. Back up: I didn't start reading the Federalists with the aim of debunking the Tea Partiers. But it's impossible to read historical documents about the nature of governance in America when there's a coalition of folks out there who so strongly identify with those historical personages . Their narrative, I believe, goes something like this: America was born, essentially, in a tax rebellion. And the Founding Fathers then created a limited government in order to avoid oppressing the people either with burdensome taxes or directly tyrannical rule. And maybe, just maybe, if the tax burden gets too large -- well, maybe, Americans have the right to resort to rebellion again . Like I said: I think that's only partly right. Because the Federalist Papers -- the documents we most use, aside from the Constitution itself, for insight into the Founders&#

Find all my Federalist Papers blog posts here . There's a conservative narrative of the last 100 years or so that goes something like this: America started to become a little less free -- a little less tethered to its Constitution -- about the time that Franklin D. Roosevelt took power during the Great Depression and started creating the welfare state. Every new entitlement -- "ObamaCare," say -- and every slight tax increase represents a near-tyrannical intrusion of the state into realms that should be private. Every time a Medicare check goes out, then, freedom dies a little more and somewhere in the great beyond, Friedrich Hayek sheds a tear . Or maybe Ayn Rand . There's an alternative narrative -- one that doesn't get as much attention -- and in the last year it's been most famously advanced by onetime conservative author Garry Wills . In this reading of history, it was indeed Franklin D. Roosevelt who expanded the state at the expense of the individua

Let's talk about the filibuster. Back up: There's no discussion of the U.S. Senate or the filibuster by Alexander Hamilton in Federalist 22. Hamilton's wrapping up a long discussion of why the Article of Confederation are a bad way to run the United States -- and while he touches on a few topics here, he spends most of this essay talking about one particular evil: Under the Articles, it's all too easy for a minority of states with a minority of the U.S. population to obstruct the will of the majority. And what becomes clear is this: If the pre-Constitution U.S. government was unworkable because of such problems, well then: Today's U.S. government is unworkable. Under the Articles, see, each state -- no matter how thickly or thinly populated -- had an equal voice in the national governance. What's more, it took the consent of two-thirds of the states to pass major legislation: In an era where the United States comprised just 13 states, that meant that five

Here we are, once again: The shadow of the Civil War -- about 70 years in the future -- keeps popping up as we make our way through the Federalist Papers. Why? Because Alexander Hamilton, John Jay and James Madison keep making the case that the United States under the Articles of Confederation is prone to such a war. Hamilton revisits this theme in Federalist 16, suggesting that the states under the Articles have so much latitude to act on their own -- instead of falling in line under a central government -- that conflict is more likely to arise between the states. "The first war of this kind," he warns, "would probably terminate in a dissolution of the Union." There's another possibility, though, as Hamilton admits: If one state went its own way in defiance of the national government, the other states would probably do likewise -- rather than make a big deal and incite war. "And the guilt of all," Hamilton writes, " would become the securit

I had thought I'd be taking these Federalist chapters in big chunks, rather than one-by-one, but it turns out there's a lot to think about in all of these. So we're going to have to go slowly. You might remember that I said -- somewhat near the outset of this project -- that I expected some of the context of the Federalist would reveal itself as we proceeded through the papers. I wasn't entirely wrong, because we're now at Federalist 15, and Publius is ready to start telling us why the Articles of Confederation stink. Not, of course, that he needs to make the case. From what I can tell skimming through the Antifederalist Papers, there's no great love for the Articles among any huge segment of the nascent American society. And Publius -- Alexander Hamilton in this particular chapter -- acknowledges as much. The point next in order to be examined is the "insufficiency of the present Confederation to the preservation of the Union." It may perhaps

The entire live-blog of "The Federalist Papers" can be found here. My friend Ben is fond of distinguishing American conservatism from its European forebears; American conservatives, he has told me on several occasions, are conserving a revolutionary heritage. I thought about his statement quite a bit while reading James Madison in Federalist 14. This chapter is, ostensibly, about whether the United States is too big to be governed effectively. (Madison's answer: If we were a pure democracy, with every man given a direct voice in governing, sure. But since we're a republic -- with representatives sent from the 13 states to the heart of the union -- we'll do fine. And hey, we managed to pull off a revolution together!) But as we near the end of 14, it's apparent that Madison has another topic on his mind: Whether the type of government embodied in the proposed Constitution is so new, so radical, so unfamiliar that its very novelty increases the risks of

I don't have a lot to say about Federalists 10 through 13. They're chiefly about how a unified United States will fare economically. Considering the United States went on to become the richest nation the planet's ever seen, I don't know that there's much to argue about here, even with hindsight fully engaged. But just to recap, keeping the states together will: * Make it easier for everybody to make money. A unified America will be able to fend off competition from Europe, bargain from a stronger vantage point and -- very importantly -- be able to field a navy capable of protecting its commerce. Alexander Hamilton: Under a vigorous national government, the natural strength and resources of the country, directed to a common interest, would baffle all the combinations of European jealousy to restrain our growth. This situation would even take away the motive to such combinations, by inducing an impracticability of success. An active commerce, an extensive navigati

I said last time that the shadow of the Civil War would loom heavily over my reading of "The Federalist Papers" -- and starting in Federalist No. 6, it really, really does. Because it's here that Alexander Hamilton starts to make the case that a strong union won't just protect the individual states from wars with external powers -- it'll also keep the states from making war on each other. So, ummm ... how did that work out for you? No. Wait. Snark is a little too easy here. Truth is, Hamilton's got history on his side -- but he's going to take his time getting to the most useful parts of it. Instead, he tells us in No. 6 that the problem with leaving the states to proceed forward as autonomous nations is that each small state will be more likely to see the rise of a leader who makes war on neighboring states for his own vainglorious reasons. Men of this class, whether the favorites of a king or of a people, have in too many instances abused the confi

Here's the problem with a project like live-blogging your way through the Federalist Papers -- it quickly becomes apparent to everybody else how much you might not know. In a classroom, you can mostly hide -- and when the moments come to prove your knowledge, well, often those tests are literally tests, and the results of them remain between you and your instructor. Here, I'm liable to embarrass myself before literally tens of people. Some of them my friends. I mention this because several people -- Glomarization in the comments, another friend behind the scenes -- have gently suggested that perhaps I'm reading the Federalist Papers in a bit of a vacuum: That I'm not really accounting for or explaining how badly the Articles of Confederation (America's constitution before the Constitution) were broken while I toss around insults like "douchebag" at Alexander Hamilton and "strawman" at John Jay. And, well, they're right. Part of t

If you were a late 18th-century resident of New York reading the Federalist Papers for the first time, I think there's a small-but-not-insignificant chance you'd only be a few pages into Federalist No. 2 before you started wondering if "Publius" -- the supposed author of these papers -- is a touch bipolar. Behind the scenes, of course, "bad cop" Alexander Hamilton has turned over the writing duties to "good cop" John Jay. The shift in tone is abrupt, even if the goal is the same. Still, if Detective Hamilton looks bad because he's bringing rubber hoses and lead pipes into the interrogation room, we can't let Jay off the hook too lightly. Because his job here is to make the case that -- despite what opponents of the proposed Constitution tell you -- it's important that the United States actually remain united states. So Federalists No. 2 through 5 are all about the wisdom of sticking together. Unless I'm missing something, though