Politics of Founding Fathers

Politics of the Founding Fathers

Both the Federalists, those promoting a strong central government, and the Anti-federalists, those believing that liberties including the right of self-rule would be protected best by preservation of local self-government, agreed that arms and liberty were in no doubt linked. The first discussion in which these views were articulated occurred in the context of Article 1, section 8 of the Constitution concerning the powers of Congress to raise a standing army and its power over the militia. As initially proposed, Congress was to be provided the power to raise armies. Objections were raised that there was no check against standing armies in time of peace. The debate focused on how to avoid the dangers of a standing army; there was no dispute that a standing army posed a significant threat to the liberty of the people. The dilemma was that some type of national army would be necessary in time of war, but the results of waiting until war occurred to raise a national army could be disastrous.

The solution adopted was two-fold. First, Congress would have the power to raise an army but no appropriation of money for that use could be for more than two years. Because the people controlled the House of Representatives and the Senate, and Congress controlled the purse, the people were given an effective check against the dangers of a standing army. The second check against the dangers of a standing army was provided by the existence of the militia. Again, however, the necessity of providing for the common defense had to be satisfied while guarding against the national government's abuse of power.

A. The Anti-federalist View

The Anti-federalist views were stated in pamphlets entitled Letters from the Federal Farmer to the Republican. Richard Henry Lee is credited with authorship. The self-styled federal farmer thought of himself as a supporter of federalism and republicanism. His view of federalism was not that set forth in the proposed Constitution of 1787. The federal farmer argued that a distant national government was in sharp contrast to freedom: The following is a sample letter

The general government, far removed from the people, and none of its members elected oftener than once in two years, will be forgot or neglected, and its laws in many cases disregarded, unless a multitude of officers and military force be continually kept in view, and employed to enforce the execution of the laws and to make the government feared and respected. No position can be truer than this, that in this country either neglected laws, or a military execution of them, must lead to revolution, and to the destruction of freedom. Neglected laws must first lead to anarchy and confusion; and a military execution of laws is only a shorter way to the same point--despotic government.

The federal farmer also saw evil in Congress's power to raise an army, despite the two-year limit on money appropriations and the states' control over the militia via the appointment of officers. He understood the need to provide for the common defense but believed an additional check was necessary. He proposed requiring two-thirds consent in Congress before a standing army could be raised or the militia could be pressed into service by the national government. Additionally, the federal farmer argued that a select militia composed of less than all the people ought to be avoided. The farmer argued that, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.

Another Anti-federalist, George Mason, spoke on the relationship between arms and liberty. Mason asserted that history had demonstrated that the most effective way to enslave a people is to disarm them. Mason suggested that divine providence had given every individual the right of self-defense, clearly including the right to defend one's political liberty within that term.

Patrick Henry argued against ratification of the Constitution by Virginia, in part because the Constitution permitted a standing army and gave the federal government some control over the militia. Henry objected to the lack of any clause forbidding disarmament of individual citizens; "the great object is that every man be armed .... Everyone who is able may have a gun." The Anti-federalists believed that governmental tyranny was the primary evil against which the people had to defend in creating a new Constitution. To preserve individual rights against such tyranny, the Anti-federalists argued for the addition of a Bill of Rights which included, among other rights, the right to keep and bear arms.

B. The Federalist View

The Federalists, those supporting the Constitution as drafted, did not dispute the premise that governmental tyranny was the primary evil that people had to guard against. Nor did the Federalists dispute the nexus between arms and freedom. In one of the first