District of Columbia v. Heller ... Essay at Constituting America

Guest Essayist: James D. Best

Today's essay at Constituting America is District of Columbia v. Heller, which ruled on a long-simmering conflict about the meaning of the 2nd Amendment.

District of Columbia v. Heller provided clarity to a long and quarrelsome debate about the application of the Second Amendment. The crux of the case was whether the right to “keep and bear arms” was an individual right or a collective right associated with regulated militias. The Supreme Court (5-4) ruled the Second Amendment an individual right.

You can read or listen to the entire essay here.

7th Annual 90-Day Study

Home Building & Loan v. Blaisdell (1934) – Guest Essayist: James D. Best

Home Building & Loan v. Blaisdell (1934) started the modern trend of interpreting the Constitution to support popular passions. You can read the essay here or listen to it below.

Primer on Electoral College

The Electoral College is an integral element of our governing system. The purpose is to give people who live in all the states some influence on the executive leadership of the country. After the recent election, many are questioning the wisdom of Article II, Section 1. The Electoral College is immensely important not only to who wins, but how presidential campaigns are run. Eliminate the Electoral College and the interior will never see another candidate in their state and heartland primaries will be meaningless.

Inhabitants of the hinterlands often feel dismissed by urbanites living along one of the two coasts. Unfortunately for our country, the hue and cry to do away with the Electoral College confirms their worst suspicions.  Abolishing the Electoral College will disenfranchise every American who lives in fly-over country.

Here is a good primer on the Elector College.

Should Government Pay for Higher Education?

Since government provided higher education has become a hot topic, perhaps Milton Friedman can provide some advice. 

Do readers judge a book by its title?

Everyone knows the old axiom that people judge a book by its cover, but do they also judge books by their title? I don’t know. I suspect a great title can get readers to look further, a horrible title stops further inspection, and a mediocre title doesn't influence sales one way or the other.

The Barnes and Noble Book Blog posted an article “12 Books With The Most Irresistible Titles.” Good Titles, but I always liked Lonesome Dove because it sounded intriguing.

The Great Rehearsal might be the worst title I've encountered for a great book. Carl Van Doren wrote one of the top three history books on the Constitutional Convention. (In this amateur historian's humble opinion.)The book was published in 1948, when the United Nations was just starting up and Van Doren thought the 1787 Constitutional Convention was a rehearsal for writing the UN charter. This was a poor title that must have dampened sales of a fine history book.  Ironic, since the book never mentions current events except in a slapped together preface.

I've never agonized over my own titles, except for Tempest at Dawn, my own book on the Constitutional Convention. Since this was a novelization of the convention, I needed a title that didn't sound like a history book. I also liked the idea that the title reflected the turmoil in the infant country at the time of the convention.

I still like the title. Perhaps I should have agonized more over my other titles. The Steve Dancy titles: The Shopkeeper, Leadville, Murder at Thumb Butte, The Return, Jenny's Revenge, and Crossing the Animas are pedestrian. I like The Shout Mouth Society because it connotes secret society intrigue, which properly reflects the plot of this contemporary novel. Principled Action is a lousy title and may have affected sales of this nonfiction book about the founding period.

Authors may not be the best at selecting titles, but I’m not sure focus-group driven editors are better. My title for my computer technology book was Dinosaurs and Whippersnappers, but Wiley insisted on The Digital Organization. I still prefer my title.

Honest stories filled with dishonest characters.

Can Words On Parchment Constrain Executive Overreach?

“Governments are instituted among Men, deriving their just powers from the consent of the governed.”

The Declaration of Independence used these words to legitimize our founding as a nation. Fifteen simple words, but they embodied a world-shattering idea. Kings supposedly derived their authority from God, but the Declaration declared that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These subversive words flipped the divine right of kings on its head. Instead of kings, God endowed all of mankind with natural rights.

Words can be powerful.

That is, unless they’re ignored. The Constitution is the “supreme law of the land,” but many don’t accept that enumerated powers limit government action. Elected officials “solemnly swear … to preserve, protect and defend the Constitution of the United States,” but many view the words as cant uttered during a swearing-in ritual. Lesser laws are based on a reasonable man’s interpretation of the language, but many regard the “supreme law of the land” as a living document that can mean whatever we need it to mean on any particular day.

A Tale of Serendipity

I took historical accuracy seriously when I wrote Tempest at Dawn. I not only read dozens of books about the Constitutional Convention, but studied books on Eighteen Century lifestyle and technology; Philadelphia, New York, and New Haven; the international scene; and numerous biographies of the principle Framers of the Constitution. I also made numerous visits to New Haven, New York, Mount Vernon, Montpelier, and Philadelphia as part of my research.

The events and locations outside of the State House were as accurate as I could portray them. Two major venues in the book were the Indian Queen and City Tavern. (City Tavern remains intact, but alas, the Indian Queen is long gone.) In my penchant for accuracy, I tried to lodge the delegates in the appropriate Inns, homes, and taverns, but I couldn’t find where Roger Sherman stayed during the convention. After looking at every source I could find, I finally decided I would need to make something up. He was not rich, so he would probably stay at a boarding house. I used my wife’s maiden name and put him in a room at Mrs. Marshall’s boarding house. This was a fictional contrivance, but not my only one. I left my other protagonist, James Madison, at the upscale Indian Queen for the duration of the convention when he actually moved elsewhere at some point for privacy.

Celebrate Constitution Day by Buying Tempest at Dawn

Okay, that's a bit self-serving, but if you want to understand the Constitutional Convention, Tempest at Dawn is a good place to start. The novel accurately portrays the convention proceeding and the lifestyle of the delegates who attended. If you prefer a nonfiction account, then I recommend Decision In Philadelphia by Christopher Collier.

Death and Taxes

 “In this world nothing can be said to be certain, except death and taxes.” Ben Franklin

Franklin made the above quip many times, always to approving nods. Complaining about taxes is as American as apple pie, Thanksgiving, and NASCAR. After all, the Revolution started over a three pence tax on tea. Here is an excerpt from Tempest at Dawn that shows the Revolution didn't revoke Franklin's immutable law.

The owner of the Indian Queen appeared instantly. Bowing respectfully, he asked, “Gentlemen, is there anything else you desire … another ale, tea and cakes, a plate of cheese? We have excellent cognacs.”

“No, no,” Morris said. “We’re ready to retire. Thank you for your hospitality.”

The innkeeper never looked at Morris; instead he aimed a witless grin at Washington.

“My pleasure. The general’s always welcome at the Indian Queen.”

All evening, Madison had found the Innkeeper’s solicitous behavior irritating. Now he was amused by his inadvertent slight toward the rest of the party. Washington often elicited bumbling adulation.

“Thank you,” Washington said, with a regal nod of the head. “We’ll be in Philadelphia for a spell, so we’ll visit your fine establishment again.”

“Yes, the Federal Convention. A noble endeavor. My best wishes.”

“And what might those wishes be?” Washington asked.

Is the US Constitution Viable in the 21st Century?

Today, many people question the viability of our Constitution. People ask if 18th century men could anticipate the complex issues of the 21st Century. In other words, can something written over two hundred years ago direct a government in our modern world? The short answer is yes, but let me explain.

When James Madison brought the Virginia Plan to Philadelphia, it was not a list of laws, but a system of government. A system that forthrightly recognized the weaknesses of man, and delineated a set of checks and balances to distribute power; not just between the three branches of government, but also between the federal government and the states.

Although the delegates debated endlessly over the elements of the design, and made major revisions to Madison's plan, they always kept the debates focused on limiting centers of powers. They were serious men designing a system of government for the ages to protect liberty for themselves and their posterity. Although not a common phrase at the time, every one of the fifty-five men at the Federal Convention would agree with the maxim that power corrupts, and absolute power corrupts absolutely.

Lincoln at Cooper Union

Lincoln photo from day of speech

In early 1860, Abraham Lincoln was a little known regional politician from Springfield, Illinois. The Republican Party was new, and had failed running national hero John C. Frémont for president in 1856. Lincoln's chances of ascending to the presidency under the Republican banner were slight. All that changed in New York City on February 27, 1860. That afternoon, Lincoln had his photograph taken by Mathew Brady, and in the evening, he gave a historic speech at the Cooper Union. Lincoln often claimed that Brady’s photograph and his Cooper Union address propelled him to the presidency.

Below is a highly abridged version of Lincoln’s speech.

Celebrating Independence Day in 1787 While Drafting the Constitution

The following excerpt from Tempest at Dawn describes the Independence Day celebration held during the Constitutional Convention. The events and Reverend Campbell’s words are accurate to the historic record.

BOOM! BOOM! BOOM!

The cannon fire hurt James Madison’s ears and teared his eyes as concussions pounded his body. Sulfuric mephitis scratched his throat, and the rotten egg odor made him queasy. The thirteen reports ended, but before Madison could draw a grateful and tranquil breath, the artillery brigade started another round.

After three consecutive resounding salutes of thirteen cannon shots, Madison felt exhausted. He had been jostling for a position from which to see the Independence Day celebration when the cannon fire assaulted his senses. The State House Commons throbbed with people keyed up with rum and excitement. The crowd churned on the periphery of the Commons, while the Society of the Cincinnati, the City Calvary, the Light Infantry, and a battalion of militia vied for attention in the center of the swirling people. Each military formation, spruced up in their finest regalia, stood eager to demonstrate their parade skills. The units waited, as did Madison, for the artillery to finish their noisy salute.

Philadelphia, as the site of the signing of the Declaration of Independence, took pride in holding the rowdiest Fourth of July gala in the nation. Festivities would go from dawn until deep into the night. The city echoed with public celebrations, ringing bells, and martial music. Every church would conduct special devotionals, and all 117 taverns would compete for revelers with loud entertainment. The formal celebrations had started early in the morning, with city officials, aspiring orators, and preachers making the customary thirteen toasts.

Liberty and Private Property

“The pillars of our prosperity are the most thriving when left most free to individual enterprise.” Thomas Jefferson

The Founders were firm believers in private property rights.  In their minds, private property rights and liberty were intertwined.  Does this make sense?

Let’s go back to 1776.  At the time, we revolted against more than the British; we also revolted against Divine Right.  A short time earlier only nobility owned property and the great mass of humanity were serfs.  As this system withered, the common man developed property rights, and with property, gained political voice.  The Enlightenment preached that all men possessed God given rights, including the right to own property. By the second half of the eighteenth century, most British subjects equated property rights with liberty because they had seen that one followed the other.

In their view, prosperity and broad distribution of wealth depended on the protection of private property.  Even before the Declaration of Independence, the Virginia Declaration of Rights led off with “all men are by nature equally free and independent and have certain inherent rights, of which … namely, the enjoyment of life and liberty, with the means of acquiring and possessing property.”

James Madison said, “The government is instituted to protect property.”

Happy Constitution Day

And thank you Mr. James Madison—Father of the Constitution.

"The rights of man as the foundation of just Government had been long understood; but the superstructures projected had been sadly defective."

"[The Constitution of the United States] was not, like the fable Goddess of Wisdom, the offspring of a single brain.  It ought to be regarded as the work of many heads and many hands."

"The happy Union of these States is a wonder; their Constitution a miracle; their example the hope of Liberty throughout the world.  Woe to the ambition that would meditate the destruction of either!"

Slavery in the Constitution

If Founders believed in the Founding Principles, then they knew in their heart that slavery was the epitome of oppression. Slavery denied other humans the exercise of their liberty, which the Founders understood to be precious. Yet it was a slaveholder who wrote, “All men are created equal, that they are endowed by their Creator with certain unalienable rights.”

Slavery is a difficult issue in our nation’s history. The Founders, especially the Constitutional Framers, have received censure for not taking greater action against slavery. Some of the more prominent Founders are denigrated because they owned slaves. How can the Founders comments be reconciled with their actions? The answer is not simple.

Slavery at the Founding

At the time of the Constitutional Convention, slavery was illegal only in Massachusetts; more than two hundred slave ships regularly sailed out of New England; and over half of the wealth in the South comprised slaves. Both England and the North held a large amount of loans collateralized by slaves. In 1787, slavery was widespread, and a major element of the economy in both the South and the North.

Despite the position of slavery in 1787, many of the Founders believed slavery was already on its way to extinction. The slave trade had been made illegal in ten of the thirteen states. All thirteen states were seeing an increase in free blacks, especially in the North and the frontier areas of the South. Between 1775 and 1800, the number of free blacks in the nation increased from fourteen thousand to one hundred thousand. Virginia had passed legislation that freed slaves who served in the army or navy. In 1780, Quakers in Pennsylvania pressured the state legislature to pass a law declaring all children of slaves free. With the importation of additional slaves prohibited in most of the country, declining slave labor economics, and growing pressure to declare the newborn of slaves free, most of the Founders didn’t want to jeopardize the union over an institution that was already dying. For this reason, even staunch abolitionists like Benjamin Franklin only made peripheral swipes at slavery during the Constitutional Convention.

Author Interview: From Inception to Current Events

I ran across this Jumping in Pools interview from 2010, and it still reflects some good points about the creation of Tempest at Dawn and its relationship to current events. Here's a snippet:

"All of my writing had been highly technical, but storytelling has always fascinated me. Although I now write fiction, I had a bumpy start. I had to read piles of books on the art of fiction, hire a writing coach, and attend numerous workshops. Then I blundered around until I started to get the hang of it. It took years for me to shed the baggage that I had brought from the technical, non-fiction world. The main thing I had to learn was how to relay history and facts without interrupting the flow of the story. Much tougher than I expected."

 You can read the rest of the interview here...

The real story of our nations founding.

Fear of an Overly Powerful Government—As American as Apple Pie

Advocates for limited government are accused of wanting no government. It’s a straw man argument that in essence says we must keep every little piece of government or nothing at all. Limited government advocates do not want to eliminate all government, they only want to return government to its rightful place.

The Founders didn’t fear powerful government because they hated government; they feared powerful governments because they threaten liberty. This has been true throughout history. The more power government wields, the more it dictates the daily activities of its citizens. Big government doesn’t sometimes oppress. Sooner or later, big government always oppresses.

Today, many people believe the government should take care of them. The government should right every wrong and insure a fair distribution of necessities. The sad truth is that making sure everyone has shelter, food, health care, training or education, protection against disability or unemployment, and a risk-free retirement is expensive. Government services in excess of national income can work for a long time—decades even. Basically, it’s a sly way of buying votes with the next generation’s money. Unfortunately, it can’t last. Once the interest on the borrowed money starts claiming a big piece of the current budget, the responsibly can no longer be foisted onto the next generation, and the fiscal charade begins to crumble.

Ronald Reagan's "shiny city on a hill"

In 1630 while still onboard ship, John Winthrop sermonized to his fellow Puritans that they were sailing to “a city upon a hill—the eyes of all people are upon us.”

One hundred and fifty years later, the Founders believed this to their core. They believed they were building an exceptional nation and the world was watching. 

Although many politicians have used the idiom, the phrase “a shiny city on a hill” is most closely associated with Ronald Reagan. He used it many times in his political career, but never so poignantly as in his farewell address. 

Excerpt from Ronald Reagan’s Farewell Address

"I've spoken of the shining city all my political life, but I don't know if I ever quite communicated what I saw when I said it. But in my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity."

Our forefathers moved through the founding period knowing the world was watching. The Founders were good people guided by solid, well-thought-out principles. They set their sights high. They chose to do something great. They wanted to be the light of the world.

The United States of America is exceptional, but we are not exceptional because we are a different kind of people. People are the same the world over. We are exceptional because of the uniqueness of our founding. The Declaration of Independence and United States Constitution were not events. They were processes that took many years to come to fruition. They both engaged an entire nation. They both were guided by clear principles. They both reflected timeless truths that inspired us to move ever closer to greatness.

America is not the Constitution or the Declaration of Independence. America is a commonly held culture that emerged from writing and approving these documents. Somewhere deep inside, we know it’s important to preserve them as they were originally intended. They are our heritage. It hurts when someone assaults them.

We often hear laments that our politicians no longer honor their pledge to preserve, protect, and defend the Constitution of the United States. This is backward. The Constitution was not written for politicians. Our political leaders have no motivation to abide by a two-hundred-year-old restraining order. Americans are the ones who must enforce the supreme law of the land. The Constitution’s first, outsized words are We the People. The people did “ordain and establish this Constitution for the United States of America.” It’s our document. It was always meant to be ours, not the government’s. We should always treat it as our most prized possession because the Constitution is unique.

The Founders didn’t set out to build a run-of-the-mill nation fit for people to inhabit. Their aspirations went far higher. Early Americans worked for more than three decades to craft a republic that would harness the worst in people, while giving free rein to the best in people. The country didn’t start out perfect, nor is it perfect today, but few other nations constantly strive to be nobler tomorrow than they were the day before. 

The Constitution and our American culture were established using a few simple but amazing principles. These principles collectively preserve liberty. Because we have been fortunate, it’s difficult for Americans to remember that liberty is a precious and highly unstable commodity. It takes the work of millions to protect liberty, not just a few politicians. That’s why each and every American has an obligation to preserve, protect, and defend the Constitution of the United States of America. Our children deserve nothing less.

James D. Best American Exceptionalism on Amazon

Cicero on Natural Rights

Natural rights did not originate with the Founders, or with the Enlightenment for that matter. Both were highly influenced by Marcus Tullius Cicero (106 BC–46 BC).  Cicero was the philosophic father of natural rights.