Ted Cruz and Patrick Henry

The usual rightist history mess has just come from Ted Cruz, invoking the antifederalist Patrick Henry in making a claim on the U.S. Constitution. [If you’ve seen my Twitter rant on this, you’ve basically seen this.] I prefer to believe Cruz is more disingenuous than ignorant: as I suspect of Grover Norquist too, Cruz may know full well that he’s fighting a rear-guard battle on behalf not of the Constitution but of antifederalism.

Patrick Henry is one of Cruz’s avatars of liberty, no doubt because of the “or death” speech. And yet Patrick Henry fought tooth and nail to demolish the Constitution that Cruz says we need to “reclaim.” Henry was open about his disdain for the Constitution. He refused to show up at the Constitutional convention and tried his best to prevent ratification.

That’s because Henry understood how the Constitution works. Provisions like the “necessary and proper” and “interstate commerce” clauses, he complained, give the federal government virtually unlimited power over the states.

Where “constitutional conservatives” like Cruz claim that those clauses have been unconstitutionally stretched, Henry knew better. Overwhelming federal power is constitutional, Henry said. That’s what the Constitution does. That’s why he hated it. And the amendment process, which some today like to think got rid of federal overreaching and re-empowered the states, while some today think of the amendment process as getting rid of federal overreaching and re-empowering the states, Henry thought that process was a joke.

So imagine Henry’s fury when Madison and Jefferson, having tried in the late 1780’s to soothe all fears of excessive federal dominance, decided they didn’t like what Washington, Hamilton, Adams, et al, had been doing, and started claiming in the 1790’s that the states could constitutionally nullify federal law. No, Henry reminded them: states can’t do that. That’s the whole problem, fools. That’s why I told you not to promote and ratify this thing. You can’t get out of it now. Suck it up.

With more or less his dying breath, the old antifederalist Patrick Henry (at Washington’s behest) rose from his bed to condemn Madison’s novel states-rights theory. His final speech is far better documented than the “or death” speech of the 1770’s. You blew it, Henry told Madison and others. Now that the Constitution he’d warned them against was ratified, it was law.

Or: Unlike “constitutional conservatives” today, Henry a) knew what the Constitution said, b) hated it openly, c) supported it as law. Henry is one of my favorite founders, not because I agree with him about the lost sanctity of Virginia sovereignty, etc. — he was another slave-driving, high-Whig squire, with no use for democracy — but because as such, he was almost alone among the famous founders in being intellectually honest. He stood on his principle even to the point of honoring a Constitution he hated. With the exception of John Dickinson — also on “the wrong side of history” — Henry is literally, I think, the only founder who shows that kind of consistency.

I don’t think that’s what Cruz is saying about him, though.

Founding Fathers, Founding Villains: The New Liberal Originalism

(Cross-posted from “Boston Review.”)

Liberals have become originalists too. Recent books by progressive thinkers as varied as the legal scholar Lawrence Lessig, journalist Roger Hodge, and political commentator Rachel Maddow decry a national failure to live up to the founders’ purposes in creating the Constitution. Maddow means by her title, Drift, an unfortunate movement away from founding-era anti-militarism into the modern military-industrial complex. In Lessig’s Republic, Lost, the loss has come about thanks to a money influence in politics that Lessig says the founders condemned as corrupt. Hodge, in The Mendacity of Hope, frames a criticism of President Obama in terms of the founding political battle over finance between Hamilton and Madison.

All of the liberal originalists’ books run into political and historical trouble over some unedifying realities of our founding period. . . .

Read more.

The Ballad of the Second Amendment – or — Gee, Thanks, Mr. Madison!

[UPDATE: Ideas sketched and stabbed at here now get boiled down in the next post, from AlterNet. Thanks to commenters, here and on Twitter, especially Bill Chapman, for helping me shape my thinking. (Not roping any of them into my ideas, however! Blogging as public note-taking? Mixed feelings about that, but …]

[UPDATE. The bottom line of this post:

1. I blame — yes, blame — James Madison.

2. But that’s not because I’m so deluded as to believe he was trying to protect an individual right to keep and bear arms!

3. And I’m not, literally, holding Madison responsible for problems he couldn’t have foreseen — I’m trying to turn up the volume — to eleven — on what I think we desperately need, in this dire moment: some grown-up perspective on the strange, bumpy, sometimes shabby, all-too-human, all-too-political processes by which our rights were first secured by our Constitution. Such perspective may be our only hope for improving matters that we actually do have the power to improve; it might help us stop “constitutionalizing” every political dispute we have. This connects with what Michael Moore was talking about on CNN the other night, and with some sort of weird madness, some immature love of fantasy, that sometimes seems hardwired into the American psyche. That’s what I talk about too.] Continue reading

“The National Review,” Racist Writing, and the Legacy of William F. Buckley, Jr.

political operative as romantic egoist

In a Boston Review essay, I had occasion to explore the early writings of William F. Buckley, Jr., on racial segregation. I argued then that Buckley’s famous 2004 apology for having once held racially regressive positions — an apology cited by his fans both conservative and liberal, part and parcel of a contention that, despite a perhaps unfortunate history together, racism and American conservatism aren’t ineluctably connected — was no apology at all. The aged Buckley was renouncing a position entirely different from the one he’d actually advanced in the 1950’s.

Writing in 1957, Buckley insisted that whites in the South were “entitled to take such measures as are necessary to prevail, politically and culturally, where they do not prevail numerically,” because the white race was “for the time being, the advanced race.”

In 2004, asked whether he’d ever taken a position he now regretted, he said “Yes. I once believed we could evolve our way up from Jim Crow. I was wrong: federal intervention was necessary.”

Neatly done. Where in ’57 he’d asserted a right even of a minority of whites to impose racial segregation by literally any means necessary, including breaking federal law, in ’04 Buckley expressed regret for having supposedly believed only that segregation would wither away without federal intervention. Stupid the man was not. He gets credited today both with honesty about his past and with having, in his own way, “evolved up.” Modern conservatives, more importantly, get to ignore the realities of their movement’s origins.

The persistence of the most virulent kind of racism and white supremacism in some National Review writers, leading to their recent firing, doesn’t mean to me that all of American conservatism is racist. But I think the firings, and ensuing discussion of them by, for two, Joan Walsh and Alex Pareene at Salon, support a suggestion I made in that essay regarding the nature of Buckley’s evolution away from his 1957 position. Buckley did evolve — but not in the way his fans like to imagine: Continue reading

What’s the Matter with Akhil Reed Amar?: Liberal History, Democracy, and the Constitution

[UPDATE: Two more posts developing these ideas are here and here.]

You won’t find a better-expressed, more compelling encapsulation of the precise reverse of how I see the founders and the U.S. Constitution than in this talk by the constitutional scholar and well-regarded author Akhil Amar, “Andrew Jackson and the Constitution.”

Is this yet another Tea Party rant against abuse of the “necessary and proper” clause and the hegemony of the welfare stare? No, no, no. For those who don’t know Amar and his benchmark work The Constitution: a Biography, this is liberal history in a nutshell, ideally expressed by one of our brightest academics, a consultant to “The West Wing” no less, mentioned by some as a future Supreme Court nominee. He’s doing yeoman work making the rounds in constitutional defense of the Health Care Act. And as a speaker he’s got his own kind of charisma. To me the talk is a fun crash course in exactly the wrong way to look at the founding, a quick summary of the story I’ll never be able to undermine the way I’d like to. Check it out!

In his talk, Amar runs deftly and powerfully through what I can’t see as anything but our dominant narrative about the Constitution: that the document was structurally, “in its DNA,” as Amar says, and possibly against the founders’ conscious intentions (an idea Amar types always toss off without exploring), the most democratic thing ever created to that point, with almost all of its later expansions into further democracy almost magically hardwired from day one, and thus a mighty pivot in world history, with only one horrible thing wrong with it: the adoption of African slavery via the infamous three-fifths clause. The Constitution was thus elementally Jacksonian, in two key respects: admirably democratic (since Amar, with so many others, takes it as given that the rise of the white working class and the development of small-scale capitalism associated with Jackson is fundamentally democratic, making the Jackson administration in a special sense the “real” founding); and horribly “slaveocratic” (as Jackson, unlike slaveowning founders like Jefferson, was unapologetically pro-slavery).

In this reading — say it with me — the founders’ Constitution “failed” (tragically, as it was so earthshakingly democratic), as did the systems of Jacksonian America, precisely because of the slaveocratic element, leading to a civil war that, had the founders only faced up to the slavery nightmare, pragmatically revising the three-fifths clause over time, we could have avoided. It was left at last to Lincoln to hit reset and begin to get the American balance right: democracy without slavery. Then the Civil Rights movement and the liberal triumphs of the twentieth century and there you have it. Thank you and good night!

Being mind-numbingly familiar isn’t what makes that narrative wrong. Continue reading

Speaking Engagement in Boston on Tuesday, March 6

nice, huh?

A Boston-area speaking engagement — just learned this is open to the public. I’ll speak at Boston College High School on Tuesday 3/6, at 3:30 PM, part of the Corcoran Living Library Lecture Series (which has hosted some pretty cool people).

The talk will be in the Bulger Performing Arts Center, 150 William T Morrissey Blvd., Boston, MA (that’s it, to the left) . Along with playing a little banjo music, I’ll be talking about — and encouraging discussion of — Tea Party and Occupy appeals to founding economic history; failings in liberal/conservative consensus histories of the founding; what we should and should not mean by accuracy in historical research and narrative; why “constitutional conservatives” aren’t. Should be lively. If you’re in the area, come on in — it’s free.

Historiography: Douglass Adair and the Triumph of Founding Ideas over Founding Action

I swore I’d never abuse a blog this way, but the following is straight b-roll. I’m cutting this out of a book I’m just now finishing. [UPDATE: It’s finished.] George Wolfe, playwright and sometime artistic director of New York City’s Public Theater, was reputed to respond to actors’ suggestions for things they might want to add to a scene by making a scissor-snipping hand-motion in the air and saying “Save it for your nightclub act.” This snippet is is part of a much longer critique of the influential academic history of our time . . . [UPDATE: I may not be talking, really, about intellectual history per se. More about an overreliance on intellectual history by historians who for various reasons prefer discussing ideas to discussing political and economic action.]

* * * *

So here’s the thing:

I’m not saying intellectual historians harbor some evil desire to distort. Intellectual historians just want history to be intellectual.

In my lifetime, they’ve made it so — or at least made American founding history so. For anyone wondering how we traveled, in about sixty years, from the Beardians’ dominating founding history by promoting their somewhat oddball take on class conflict to Gordon Wood’s and others’ dominating it by promoting “republican synthesis,” I believe we can thank the mighty influence of Douglass Adair. How Adair looked at the founders is how we mostly look at them now, so I think it’s worth a glimpse at how he pulled that off.

Like Robert Brown and Forrest McDonald, in the 1950’s Douglass Adair took direct aim at Beard. Yet he didn’t employ tendentious economic studies like theirs. Adair made a highly nuanced appeal to the importance of the founders’ reading and thinking, especially about the meaning of virtue.

It’s surprising, given Beard’s obscurity today, to see how powerful Beard’s influence was when Adair began work. In his Ph.D dissertation Adair could only go so far. He basically said, “Yes, of course, it was all about financial self-interest, but I’m just saying the classics might have had something to do with it too.” And he acknowledged what then was supposed to be common knowledge among historians, that the framers acted to restrain democracy because “their pockets were being picked by the backcountry debtors.” The prejudice embedded in that remark, in favor of the creditors, would offend hardly anyone today, since the subject of founding debt and credit has become opaque for many readers. That’s a reflection of Adair’s success. He shifted the larger discussion entirely away from economic matters that he’d been forced to acknowledge, at least, when he started.

Adair curated the postwar development of founding history largely through his role as the editor of “The William & Mary Quarterly” in the 1950’s and 1960’s. Much of the writing he encouraged there carried forward his project: thinking ever more deeply and arguing ever more closely about liberal, republican, and classical theories of virtue in government — the appropriate way, to Adairites, to read America at its founding. Through that process, economic conflict among classes in founding America came to have relevance only in so far as it inspired Madison to write about faction, say, or John Adams to write about balance.

One of the revealing effects of Adair’s approach to the project of debunking Beard, important for the stories I tell, has to do with how we look at Alexander Hamilton. The pro-business, right-wing Beard debunker Forrest McDonald made Hamilton a hero. That was counterintuitive, given McDonald’s Goldwater connections and Hamilton’s ceaseless activism on behalf of government power. Then again, the New Dealers, whom McDonald opposed, had copped Jefferson for their own founding mascot (even more counterintuitively). McDonald’s admiration for Hamilton may also remind us that the right’s famous affection for liberty often has to do with ensuring that deleterious effects of private enterprise on less advantaged people might never serve as a reason to regulate private enterprise.

In contrast to McDonald’s right-wing style of Beard debunking, Adair’s middle-of-the-road liberalism makes Hamilton a social conservative, living in hysterical fear of a class war that Adair was out to define as chimerical. Adair thus doesn’t have to deny Beard’s contention that Hamilton’s efforts in public finance involved an attack on the less advantaged; [UPDATE: On reflection — and on reading an essay by Pope McCorkle in American Journal of Legal History that I can’t link to — that’s not really a Beard position. In the end, it’s hard for me to say what Beard’s position was, on a number of things, but what I really mean here is something like “Adair thus doesn’t have to deny Beard-influenced contentions that founding finance policies associated with Hamilton and the Federalists involved an attack on the less advantaged”]; he just sees the Hamiltonian extremity of anti-populism as baseless, silly, off the point of founding history (as he’s tautologically defined it). Since balancing fights among Americans is what interests Adair and his liberal-intellectual progeny, and not the fights themselves, both Hamilton and his enemies in the eighteenth-century popular-finance movement exist by definition outside the mainstream of the American founding. The founding populist efforts I discuss, the desire to radically change American society, to make government economically egalitarian, nothing to do with the ideas of Jefferson and Madison — that’s a molehill of which Hamilton foolishly made a mountain, in Adair’s reading.

The problem with the Adair narrative — and I think this is emblematic of the preference for looking at ideas, not action — is that it fails to explain much of Hamilton, and much of what actually went on in the founding. For one thing, Hamilton’s manifest economic liberalism: that daring pursuit of financial innovation, which, combined with his hierarchical conservatism, made activist government such a powerfully stabilizing, nation-creating force in the 1790’s. In shifting history away from the class war in which both Hamilton and the popular-finance movement knew themselves to be engaged, the Adair narrative cleanses early American tendencies toward stability and liberalism of the economic regressiveness that (I believe) attended them. Great historians have thus continued to be happy to believe in Adair’s Hamilton the extremist social conservative and upper-class hysteric, important to mention but intellectually marginal to the American project, and because intellectually marginal, ultimately marginal. Biographers and politicians alike perennially insist on Hamilton’s importance. Major academic historians have mainly stuck to giving him his bare due without getting interested in him.

That’s because Hamilton was an actor, not a thinker, in that his thinking — at least as adept, in my view, as anybody else’s of his day — served action, and action occurs in conflict. None of that serves the prime Adair directive of seeing in founding America a synthesis, a resolution of conflict, carried out in the famous elites’ ideas about virtue. The populists of the day, to the extent that they were economic radicals, will always look to Adairites extremist and hysterically misguided, just as their opponent Hamilton does; or, to the extent that populists can be described as not politically radical, just eager for personal advancement, they can be seen as having been unfairly labeled radical by the reactionary Hamilton. Either way, their needs would soon be addressed — supposedly! — by the intellectually attractive Jefferson, and then met — supposedly! — in the age of Jackson, and the franchise was opened in the states throughout the nineteenth century, so why on earth discuss radical thought and action as important to the founding?

Here’s why I do: Hamilton and the radical populists saw one another clearly, and what they saw represents the great political struggle of the period, the struggle that made us, I think, and the struggle we’re still in. To Adairites, that’s all off point. In the Adair reading, Madison is the founder to watch — not Hamilton, not Washington, not really John Adams, certainly not Samuel Adams. Adair’s Madison reacts to the Madison that Beard had pushed on us in 1913 — a Madison not much more than a somewhat pretentious aristo looking out at all costs for his own wallet, his republican theory, supposedly by his own admission, just a tactic for pushing back against the masses. Adair’s 1950’s Madison, by contrast, stays bent over his books. A reader and writer more than anything else, Madison rarely even looks out the library window, so immersed is he in the world of ideas. Madison has thus become the ultimately appealing founder for many readers of founding history. How could he not be? Anyone who loves reading for the sake of knowledge, nuance, exploration — any reader of serious history — will naturally prefer to hang out with the bookish Adair philosopher Madison rather than the hypocritical Beard plutocrat Madison. The Virginian sought to defeat the most pernicious effects of faction, ingeniously, by permitting faction to thrive in a balanced system. Who among us wouldn’t want to sit in a hushed and cozy library with Madison, Adair, and the classical authors? It beats considering grubby matters like paper versus metal, economic interest, and class war. And how especially satisfying is it that those great classical thinkers’ thinking was made law, for the first time, thanks to Madison himself, in the founding of our own government? Madison looks like somebody we’d be pleased to exchange a few ideas with. He looks like a smarter version of somebody, we dare to believe, like us.

The flattering, sentimental attraction of that version of Madison is so great that we no longer remember the Madison who was a politician operating within alliances and under pressures, not always to perfectly consistent ends, and with highly ambiguous effects on our founding history. The Madison we like remains so pure of heart and thought that to conservatives he’s the first conservative, to liberals the first liberal. We don’t really need to care what he meant when he mentioned the disaster of paper money and devaluing of debt in “Federalist Ten,” an essay we cite approvingly on other matters more edifying and therefore nearer to our hearts. We forget that regardless of the degree to which Madison was interested in the subject of his own interest, he had a point of view on society that he may have mistaken, as the rest of us do, for the objective one, in which his conclusions were shaped to fit his social and economic position.

And we forget that Adair came up with all that stuff about Madison in full-on attack on what was then the dominant position in American founding history. Adair was attacking Beard. McDonald, openly scabrous in his disdain, admitted by his tone that the war he was fighting was a political one, but Adair took a cannier tack, and so utter has been his victory over Beard that we no longer know that Adair was engaged in warfare at all, or that the war had political and not only intellectual dimensions. The self-regarding attitude of judicious omniscience employed by Adair, Morgan, Hofstadter, Wood, et al, dims our awareness — by sheer force of the attitude more than by anything else — not only of the importance of financial and economic struggles in the American founding but also of the academic combat in which those historians made their careers. We’re no longer expected to register the degree to which, in the past they’re supposedly merely exposing to us “as it was” (as Wood has actually said about his own work), it is the historians, and not the historical figures they study, who have the most decisive interests.