The Constitution: Was It An Economic Document?

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There were two grand objects—objects inextricably interrelated. The first was to solve the problem of federalism, that is, the problem of the distribution of powers among governments. Upon the wisdom with which members of the Convention distinguished between powers of a general and powers of a local nature, and assigned these to their appropriate governments, would depend the success or failure of the new experiment.

But it was impossible for the children of the eighteenth century to talk or think of powers without thinking of power, and this was a healthy realism. No less troublesome—and more fundamental—than the problem of the distribution of powers, was the problem of sanctions. How were they to enforce the terms of the distribution and impose limits upon all the governments involved? It was one thing to work out the most ideal distribution of general and local powers. It was another thing to see to it that the states abided by their obligations under the Articles of Union and that the national government respected the autonomy of the states and the liberty of individuals.

 
 

Those familiar with the Revolutionary era know that the second of these problems was more difficult than the first. Americans had, indeed, learned how to limit government: the written constitutions, the bills of rights, the checks and balances, and so forth. They’ had not yet learned (nor had anyone) how to “substitute the mild magistracy of the law for the cruel and violent magistracy of force.” The phrase is Madison’s.

Let us return to the Economic Interpretation. The correctness of Beard’s analysis of the origins and backgrounds of the membership of the Convention, of the arguments in the Convention, and of the methods of assuring ratification, need not be debated. But these considerations are, in a sense, irrelevant and immaterial. For though they are designed to illuminate the document itself, in fact they illuminate only the processes of its manufacture.

The idea that property considerations were paramount in the minds of those assembled in Philadelphia is misleading and unsound and is borne out neither by the evidence of the debates in the Convention nor by the Constitution itself. The Constitution was not essentially an economic document. It was, and is, essentially a political document. It addresses itself to the great and fundamental question of the distribution of powers between governments. The Constitution was—and is—a document that attempts to provide sanctions behind that distribution; a document that sets up, through law, a standing rule to live by and provides legal machinery for the enforcement of that rule. These are political, not economic functions.

Not only were the principles that animated the framers political rather than economic; the solutions that they formulated to the great questions that confronted them were dictated by political, not by economic considerations.

Here are two fundamental challenges to the Beard interpretation: first, the Constitution is primarily a document in federalism; and second, the Constitution does not in tact confess or display the controlling influence of those who held that “the fundamental private rights of property are anterior to government and morally beyond the reach of popular majorities.”

Let us look more closely at these two contentions. The first requires little elaboration or vindication, for it is clear to all students of the Revolutionary era that the one pervasive and overbranching problem of that generation was the problem of imperial organization. How to get the various parts of any empire to work together for common purposes? How to get central control—over war, for example, or commerce or money—without impairing local autonomy? How, on the other hand, preserve personal liberty and local self-government without impairing the effectiveness of the central government? This was one of the oldest problems in political science, and it is one of the freshest—as old as the history of the Greek city-states; as new as the recent debate over Federal aid to education or the Bricker amendment.

The British failed to solve the problem of imperial order; when pushed to the wall they had recourse to the hopelessly doctrinaire Declaratory Act, which was, in fact, a declaration of political bankruptcy; as Edmund Burke observed, no people is going to be argued into slavery. The Americans then took up the vexatious problem. The Articles of Confederation were satisfactory enough as far as the distribution of powers was concerned, but wholly wanting in sanctions. The absence of sanctions spelled the failure of the Articles —and this failure led to the Philadelphia Convention.

Now it will be readily conceded that many, if not most, of the questions connected with federalism were economic in character. Involved were such practical matters as taxation, the regulation of commerce, coinage, western lands, slavery, and so forth. Yet the problem that presented itself to the trainers was not whether government should exercise authority over such matters as these; it was which government should exercise such authority—and how should it be exercised?