Origin & Development of the US Constitution Module 1.2: Faction

Problems under the Confederation States’ war debt States raise taxes States and creditors call in loans Debtors unable to pay Creditors attempt to sue Debtors block the courts (Shays’ Rebellion) Interstate disputes over taxation States share waterways States regulate commerce States tax fisheries harvests Includes citizens from other states Insecure borders UK grudgingly concludes Peace of Paris UK negotiates with possible US adversaries Including Gayanashagowa UK maintains military in Ontario and Quebec UK maintains Blockade on Atlantic Coast Barriers to interstate commerce British blockade Water route difficult and dangerous Multiple currencies, multiple import duties State border crossings expensive increases cost of manufacture Native nations The Western Alliance Kentucky patrols Tsalagi boundary dispute

Faction From Federalist #10: “By a faction I understand A number of citizens > ½ or < ½ United by a common interest Act on their common interest Their common interest adverse to the rights of others or Their common interest adverse to the permanent and aggregate interest of the community How to cure the mischiefs of faction Eliminate causes of faction Destroy liberty Unwise: the purpose of government is to secure unalienable rights, including liberty Destroying liberty turns government into a most dangerous faction Give everyone the same opinion Impossible: everyone has unique experiences which affect their opinions Control effects of faction The preferred method

How to control “the mischiefs of faction” To control majority faction, ensure that smaller factions may contest other factions Factions thus hold each other in check Ensure that factions can be heard factions seek support, members, opportunity to grow Encourage a multiplicity of faction where they are likely to form—the private sector Institute opportunities for faction to form where a multiplicity is unlikely to form—the public sector

Private sector solutions Liberty g faction : Air g fire Where liberties are secure, faction will follow Ensure that factious interests may express their opinions Gather and organize recruit followers compete with other factions Mode of control Ensure free speech, especially political speech Ensure a free press Ensure free exercise of religion without establishing a public sector religious orthodoxy Ensure free assembly Guarantee the elective power to citizens free and frequent election of public officials Elected representation

The Public Sector Problem Government tends to coalesce into one body Governments necessarily wield power Those who hold power are invariably led to abuse it (from Montesquieu) Governments tend to emerge as a single faction, destroying liberty in the name of preserving it

The Solution? Build upon factions that already exist in the United States Establish a multiplicity of faction where it would not otherwise form Set government and governments in tension with one another Institutionalize political power in separate potentially factious bodies Ensure regular pressure from interests outside government