Constitution 101 | Lecture 1 — Transcript
Full transcript
- 0:02we
- 0:03the people of the united states in order
- 0:06to form a more
- 0:07perfect union
- 0:16[Music]
- 0:28um
- 0:35welcome to this hillsdale college online
- 0:36course called constitution
- 0:38101 by constitution we of course mean
- 0:41the greatest and longest living of all
- 0:43the constitutions in history the
- 0:44constitution the united states
- 0:47we study that here because we're mindful
- 0:49of the fact and always have been at
- 0:51hillsdale
- 0:52that we are citizens and we need our
- 0:54freedom
- 0:55in order to live well and do our work
- 0:57especially the work of a college which
- 0:59radically depends upon
- 1:01freedom of every kind we teach the
- 1:04constitution to every student here at
- 1:06the college
- 1:06and now we're going to help you learn
- 1:08something about it
- 1:10the other people who are teaching in
- 1:11this are members of our politics faculty
- 1:13i'm a member of that
- 1:14faculty myself and among them all
- 1:18they may have the most knowledge of the
- 1:21meaning of the constitution
- 1:23and the significance of the changes that
- 1:25have gone on
- 1:26around it and so it should be a
- 1:28privilege for you to watch this and i
- 1:30hope you enjoy it
- 1:31and i hope you uh read
- 1:35and continue learning about this for as
- 1:37long as you live
- 1:38and teach others too so much i'll
- 1:41explain depends on that
- 1:43there are a lot of details in this
- 1:45course
- 1:47details of how exactly things work and
- 1:50why they work
- 1:51details of different understandings than
- 1:54the one that prevails here about those
- 1:56things
- 1:57and so that will involve us in some
- 1:58complications
- 2:00and it'll be helpful i think if we can
- 2:01keep the kind of general points in mind
- 2:03and i'm going to name some of those
- 2:05today in my lecture
- 2:06my first uh question i'll ask myself and
- 2:09you
- 2:10is what kind of thing are the declines
- 2:13of independence in the constitution
- 2:16turns out the answer to that is very
- 2:18enriching
- 2:20they're different documents uh there's
- 2:22an argument
- 2:23that they're opposed there's a powerful
- 2:26argument
- 2:27in the historical scholarship that the
- 2:30declaration was meant to be a radical
- 2:32document and the constitution was meant
- 2:35to be
- 2:36conservative and that
- 2:39those people argue that the declaration
- 2:42is about the rights of us all
- 2:44and the constitution is really about
- 2:46protecting the privileged
- 2:49we we think that's nonsense around here
- 2:51and even on its face it's nonsense for
- 2:53one reason
- 2:55uh at the time exact time the
- 2:57declarative independence is from 1776
- 2:59and the constitution's from 1787
- 3:01so they're close together but never mind
- 3:05there were all kinds of state
- 3:06constitutions written
- 3:08at the same time as the declaration of
- 3:10independence
- 3:11some of them signed by people who also
- 3:14signed the declaration of independence
- 3:15and they're all like the constitution
- 3:17united states in
- 3:18in their structure which i'm going to
- 3:20talk about some that's important
- 3:23so another thing about it is that
- 3:25strikes me as particularly silly i've
- 3:27written a book about this
- 3:28is if you read the dictionaries of
- 3:30independence you will find that it comes
- 3:32in three parts
- 3:33and in the first part it states some
- 3:35universal principles very beautiful
- 3:38and in the second part it contains a
- 3:40bill of particulars in 17 paragraphs
- 3:43about
- 3:43bad stuff the king of england did which
- 3:46bad stuff
- 3:47justifies the making of america throwing
- 3:50off the old government and
- 3:52adopting a new one and those things are
- 3:56remarkably like the constitution united
- 3:58states what did the king do wrong
- 4:00well he interfered with the legislature
- 4:04which is a violation of the first step
- 4:06in all government the making of laws but
- 4:08also a violation of separation of powers
- 4:11which is crucial to how the constitution
- 4:13united states worked
- 4:15so separation of powers is important and
- 4:17then
- 4:18he interfered with the people's ability
- 4:20to
- 4:21elect legislators in other words
- 4:24representation
- 4:25a key feature of the constitution of the
- 4:27united states
- 4:29and then he interfered with the judges
- 4:32he would ship people
- 4:35arrest them for crimes and ship them off
- 4:36to england where they couldn't be tried
- 4:38by a jury of their peers
- 4:40nor before judges who are independent of
- 4:43the executive branch which more or less
- 4:45the king was
- 4:46so you see they're writing the
- 4:48constitution right there
- 4:50if you have a government that does these
- 4:53things
- 4:54then you are justified to rebel against
- 4:56that government
- 4:57and to kill anybody who resists you
- 5:01so it implies the constitution
- 5:04now what kind of thing that they are
- 5:06different to that critical independence
- 5:08and the constitution they serve
- 5:09different functions
- 5:11they also sound different in a very
- 5:13interesting way
- 5:14the declaration independence is really
- 5:16beautiful um
- 5:19you know when in the course of human
- 5:21events it becomes necessary for one
- 5:23people to
- 5:24dissolve the political bands that have
- 5:25connected them with another
- 5:27and to assume among the powers of the
- 5:28earth to separate an equal station
- 5:31which the laws of nature and nature's
- 5:33god entitle them isn't that a grand
- 5:35expression the laws of nature and of
- 5:37nature's god
- 5:39it's written like that also it's not
- 5:42time bound when in the course of human
- 5:45events
- 5:46that means any time in the course of
- 5:47human events it becomes necessary for
- 5:50one people that means any people
- 5:52anywhere anytime the claim is
- 5:55what's going to follow in this document
- 5:57is right
- 5:58at all times and so one way to think
- 6:02about the difference between the
- 6:03dichroism and the constitution is
- 6:06it's a document about ultimate purposes
- 6:10what they call in classic philosophy
- 6:12final causes
- 6:14vital causes are the things that we seek
- 6:17above all others the things we would die
- 6:19for
- 6:20uh and so the next independence states
- 6:23those and of course those words echo
- 6:25around the world still today even when
- 6:26they're distorted you're going to learn
- 6:28something about that in this course
- 6:31well the constitution is not quite like
- 6:33that uh
- 6:34the constitution is uh it provides a
- 6:38form of government and when you read it
- 6:42you know i've regarded it as beautiful
- 6:43and think i understand why it's
- 6:44beautiful
- 6:45it has to do with its structure which
- 6:47madison says is the most important thing
- 6:48about it
- 6:50but you know on any given passage
- 6:55right um it's full of details
- 6:59like there's a list in article 1 section
- 7:018 things the congress can do
- 7:04well post offices and post roads is
- 7:07among them
- 7:08it's hard to write a beautiful sentence
- 7:09about that
- 7:11no this is a document about how the
- 7:13government is going to work
- 7:15even how it's going to look
- 7:18it looks like a thing that operates in
- 7:21three branches
- 7:23if the if if there's a interviews going
- 7:25on in front of the white house which
- 7:27there are every day on the nightly news
- 7:29there's a picture of the white house in
- 7:30the background because that's where the
- 7:31president works and that's where
- 7:33executive things are done
- 7:35and if there's a if there's something
- 7:38big in the congress then there's
- 7:40uh cameras looking up at the capitol
- 7:42dome because that's where the congress
- 7:44operates and where the legislation is
- 7:45made and the same for the supreme court
- 7:48building
- 7:49in operation the government
- 7:52looks like the constitution and sure
- 7:55enough the first three articles in the
- 7:56constitution
- 7:57one of them the first one sets up the
- 7:59legislative branch
- 8:00beginning with the words all legislative
- 8:03power herein granted
- 8:05and one thing you're going to learn in
- 8:06this course is that we don't make our
- 8:08laws through the congress
- 8:10anymore that's why there can be so many
- 8:12of them
- 8:14and that's why it's impossible to hold
- 8:17to account
- 8:18those who make them except very
- 8:20indirectly indeed it's even hard to find
- 8:23out who makes them
- 8:25i think there are 150 law making
- 8:27agencies in the federal government now
- 8:29so each of those clauses
- 8:32establish one two three the way the
- 8:35government of the united states
- 8:37looks uh and so
- 8:41if you think about it you couldn't have
- 8:43any serious
- 8:44activity that did not have a final cause
- 8:49a whole bunch of people cooperating
- 8:51sometimes at risk to their lives
- 8:55suffering and trouble and sacrifice
- 8:59that started right at the beginning
- 9:00because the first thing that happened
- 9:02after the detroit's independence was we
- 9:04well actually it already happened a bit
- 9:05before
- 9:06we're having a war with england the
- 9:08greatest power on earth
- 9:09and to undertake that you need a big
- 9:11reason you need some
- 9:13ultimate reason and anytime people think
- 9:16of their deaths
- 9:18they always think of what they live
- 9:20their lives for
- 9:22that's what the declaration of
- 9:23independence is but then on the other
- 9:24hand
- 9:25if you're actually going to have a great
- 9:27government
- 9:29then there's going to have to be ways
- 9:30for it to operate because think what it
- 9:32has to achieve
- 9:33it has to grant power the doctrine of
- 9:37the doctor's independence is that all
- 9:39legitimate power stems from those who
- 9:42are governed
- 9:43no other source but then somehow
- 9:47you've got to get some way to get
- 9:49legitimacy
- 9:50into the things that the government does
- 9:53and have that
- 9:54operate on a routine basis so if you're
- 9:56going to have a
- 9:58legitimate government you're going to
- 10:00have to have a form a recognized way by
- 10:02which it operates
- 10:04and so the constitution provides that
- 10:06one you could say is the final cause and
- 10:07the other is the formal cost
- 10:11now i'm going to back up a step and ask
- 10:13a question that's prevalent today and
- 10:14that is
- 10:15why should you have any government at
- 10:17all what do you need it for
- 10:20and then we were just over in england uh
- 10:23as we're making this course and we were
- 10:26celebrating the completion of the
- 10:27official biography of winston churchill
- 10:28and there was a couple of young
- 10:30english guys who are working and helping
- 10:32us get around
- 10:33and they were delightful people and i
- 10:35got into long talks with them and they
- 10:36just made the point
- 10:39because you know they're having the big
- 10:40debate about whether they separate from
- 10:41the european union over there or not and
- 10:43young as a rule don't favor the
- 10:45separation and they said well we're not
- 10:48english we're european
- 10:52and i said what if you don't like
- 10:56something the european
- 10:57union does oh there's a lot we don't
- 10:59like we want to see it reformed
- 11:01and i said good what means do you have
- 11:04to achieve that reform
- 11:07because it's kind of difficult isn't it
- 11:10it's 29 countries i think aren't they
- 11:12they don't all speak the same language
- 11:15how would you have a conversation with a
- 11:17wide body of fellow citizens
- 11:19to establish a thing like major reforms
- 11:22to the government
- 11:25and that's a point isn't it because in
- 11:28the constitution
- 11:31well in the place in the federalist
- 11:33papers which are assigned to read along
- 11:35with this course and i
- 11:36urge you to read them and reread them
- 11:38because they're a great achievement in
- 11:40political thought one of the greatest
- 11:43and one of the greatest
- 11:44american such achievements
- 11:47and in the 51st federalist madison
- 11:51explaining why you have to build a
- 11:54constitution
- 11:56that uh that has precautions in it
- 12:00it has to grant power you have to have
- 12:03that
- 12:04but also it has to constrain
- 12:07power you have to have that and the way
- 12:10he puts the point
- 12:11is uh what is government but the
- 12:13profoundest of all reflections on human
- 12:15nature
- 12:17if men were angels no government would
- 12:18be necessary
- 12:20if angels were to govern men neither
- 12:22internal or external
- 12:24controls on the government would be
- 12:25needed
- 12:27see what that means he's locating us
- 12:30in the hierarchy of nature down at the
- 12:33bottom of the beast
- 12:35of the rocks and up at the top are
- 12:37angels
- 12:38and god and if angels were being
- 12:41being governed although there's a record
- 12:44in the bible that their behavior is not
- 12:46perfect
- 12:47uh still it's true that is a common run
- 12:49it's probably a lot better than ours and
- 12:52they don't
- 12:52they're imagined as as a disembodied
- 12:56intellect
- 12:57and so they don't have all the needs and
- 12:59pressures we have
- 13:01and the beast they just always obey
- 13:04instinct
- 13:05whereas we're moral beings
- 13:09which means we're called to do right and
- 13:11we don't always
- 13:13and that is actually the reason why we
- 13:15need laws
- 13:16but madison just makes the common sense
- 13:18points the people who make the laws
- 13:21are people too how do we know they won't
- 13:24make them in their own
- 13:25interest well you need a constitution
- 13:30and it needs to be in control of the
- 13:32governed
- 13:33and so the reason nations and that word
- 13:36nation it comes from the latin word
- 13:38natura which means nature
- 13:42and that means that uh the making of
- 13:44laws
- 13:45is written in human nature and it
- 13:48actually precedes
- 13:49aristotle says from our ability to talk
- 13:52because the that's a pregnant thing
- 13:54about us that's the big thing about us
- 13:57and so this uh need for government
- 14:01is fundamental and on the other hand
- 14:04we need to be able to control it and
- 14:08nations therefore are conceived as
- 14:09natural things
- 14:11where people can understand each other
- 14:14they say
- 14:14they share a common final cause as in
- 14:17the declaration of independence
- 14:19which tells us what our nation is for
- 14:22and then they can cooperate with each
- 14:24other
- 14:25to appoint and manage a government that
- 14:28responds to their will
- 14:30so it's actually true then isn't it that
- 14:33in this age where
- 14:35we're asking nationalism for
- 14:38internationalism
- 14:40the dexterous independence uh
- 14:44talks about that and mark the point i've
- 14:46already made it
- 14:48the doctor's independence begins
- 14:50universally
- 14:52it says that everybody has rights
- 14:56every human being the same in every age
- 14:59no matter where
- 15:01and then it says that to secure
- 15:04these rights governments are instituted
- 15:07among men
- 15:08deriving their just powers from the
- 15:10consent of the governed
- 15:12in other words this universal rights
- 15:14that we have
- 15:16they call for government to protect
- 15:18those rights
- 15:19and they call for a kind of government
- 15:22that will be responsive to us
- 15:26it's a remarkable thing i think
- 15:30it's hard to quarrel with the assertion
- 15:32which i make all the time
- 15:34that the greatest of the modern
- 15:36countries is the united states of
- 15:38america
- 15:40well its story is tremendous right
- 15:42because
- 15:44it begins with a new world nobody knew
- 15:47where it was nobody knew what it was
- 15:49uh until about 1806 i think it was
- 15:54nobody really knew how big it was
- 15:57nobody gone across the new world and all
- 16:00the way back
- 16:01until about then lewis and clark
- 16:05so something happened on this new land
- 16:10and what was it they picked up a
- 16:12civilization
- 16:14it's like in the western movies you know
- 16:16they're often a contest between somebody
- 16:18who's got a law book and somebody who's
- 16:19got a gun
- 16:21and in the towns where the westerns take
- 16:23place there's no capacity at all to
- 16:26produce
- 16:26either a law book or a gun but they know
- 16:29about them because they've come
- 16:30from a well-developed civilization and
- 16:33brought it out to the frontier
- 16:34that's what the whole western movies are
- 16:37just recreations of american history
- 16:39because the civilization mostly of
- 16:42europe
- 16:43with its understanding of god and its
- 16:45understanding of right
- 16:47and its learning and its understanding
- 16:49of nature
- 16:52that comes over here and those people
- 16:53brought all that in their minds
- 16:55and hearts what they didn't bring
- 16:58was aristocracy they didn't bring
- 17:01an established elite to run everything
- 17:06what they brought instead was ideas
- 17:09of freedom and equality and so there was
- 17:12this new world
- 17:14and a bunch of people got to take it
- 17:16over and they had because you know
- 17:18the first settlements are about 150
- 17:21years
- 17:22before the declaration of independence
- 17:25and that 150 years was a time of great
- 17:27learning
- 17:29uh one of the most remarkable things
- 17:32that was learned
- 17:34was that most of the early settlers came
- 17:37because of religious persecution
- 17:40and they thought the solution to that
- 17:41was to set up communities
- 17:43where their religion was installed by
- 17:47law
- 17:48and protected and everybody had to
- 17:50practice it
- 17:51and they thought it's a big old country
- 17:54if somebody
- 17:55doesn't like it they can go somewhere
- 17:56else so religious conformity was
- 18:00more or less the rule early on though
- 18:03the idea
- 18:04came to be we don't really have to fight
- 18:07about that
- 18:08because first of all we do fight a lot
- 18:10about it uh
- 18:12they were they used to in massachusetts
- 18:14bay colony
- 18:15they used to hang quakers for coming to
- 18:18town to try to convert people to
- 18:20quakerism
- 18:21and quakers are christians you know
- 18:22different brand
- 18:24and so they thought that through
- 18:28and in the course of that 150 years they
- 18:30adopted the idea
- 18:32of civil and religious freedom and
- 18:35that's in the declaration of
- 18:36independence right because
- 18:38life liberty and the pursuit of
- 18:40happiness
- 18:42that has to do including with our duty
- 18:44to god
- 18:46and so that religion should be
- 18:49respected but also free
- 18:52that's born that's reaches its
- 18:54perfection
- 18:55in the declaration of independence god i
- 18:58should say
- 18:59uh occurs four times in the declaration
- 19:01of independence
- 19:02and it's an interesting thing because it
- 19:04uh it
- 19:06demonstrates the way they talk of him
- 19:08how important god is
- 19:11and it demonstrates also how important
- 19:13limited government is
- 19:15because god appears first as the maker
- 19:18of the laws of nature
- 19:19nature's god the legislator then he
- 19:22appears
- 19:23as the supreme judge of the world
- 19:26the judge and then he appears as
- 19:30divine providence the executive branch
- 19:34and then he appears up higher up in as
- 19:36the creator the founder
- 19:38of all things right and the lesson of
- 19:40the choice of independence is one god is
- 19:43a standard greatly to be respected
- 19:46and worshiped and understood
- 19:50but two you wouldn't combine all those
- 19:53powers
- 19:55in the hand of any any being except god
- 19:58not for men so you see
- 20:01this uh tremendous opportunity which
- 20:05i i can't see myself how it would ever
- 20:07be repeated in history
- 20:09because there isn't a new world anymore
- 20:11maybe space
- 20:13um but uh
- 20:16there's nowhere to go like that anymore
- 20:19and so they went there and they got 150
- 20:22years to work on it
- 20:24and then they proclaimed a regime
- 20:27defined by these two documents
- 20:30that's one of the most important events
- 20:32in human history in my opinion
- 20:35say a thing or two about the
- 20:36constitution because that's important
- 20:39um first of all i mentioned that it's
- 20:43divided into groups and there are seven
- 20:46articles in the constitution united
- 20:48states and the first three set up the
- 20:49three branches of government
- 20:52but then a second thing about it's
- 20:53interesting and that is that
- 20:55it's not an unlimited government
- 20:58there's something called the police
- 21:00power which comes from english common
- 21:02law very old
- 21:04and it's the general authority to
- 21:06legislate for the health safety and
- 21:07welfare of the people
- 21:09state governments in america have that
- 21:12and that means that if the state if a
- 21:14state government
- 21:14tries to do something you know there are
- 21:17provisions in state constitutions and in
- 21:19the federal
- 21:20constitution that forbid them to do many
- 21:22things but the presumption is
- 21:25they have the power to do it if it fits
- 21:27within that common law
- 21:29definition which is very wide whereas
- 21:32the constitution the united states
- 21:33delegates certain powers to the federal
- 21:36government
- 21:37and just think what a different thing in
- 21:39kind that is
- 21:41like hillsdale college has articles of
- 21:43incorporation
- 21:45and they're very beautiful by the way
- 21:46and we follow them here closely
- 21:48but when it comes to the operation of
- 21:50the colleges it basically grants us the
- 21:52board and me and
- 21:54the staff here power to do anything a
- 21:56college needs to do
- 21:59well the federal government's not like
- 22:00that the federal government has
- 22:03article 1 section 8 and uh and that's a
- 22:06limit
- 22:06on the government you see
- 22:10the the clauses are it's not hard to
- 22:13state what they're about
- 22:15is about national defense the big job of
- 22:17the federal government
- 22:19the second biggest group is provisions
- 22:22to guarantee a system of national
- 22:24commerce
- 22:25all over the nation one nation as
- 22:28regards
- 22:28economics contracts are to be respected
- 22:32um uh bankruptcies there should be a
- 22:35provision
- 22:36for them so that
- 22:39you have to be a legal process before
- 22:40you can get out of your debts but there
- 22:42should be such a process
- 22:44money weights and measures
- 22:48it's going to be a great nation trading
- 22:50freely
- 22:51inside its borders and that will make
- 22:53the nation
- 22:54strong and nations need to be strong
- 22:57in order to defend themselves and the
- 23:00only other things that are powers given
- 23:02to the federal government are basically
- 23:03to
- 23:04operate in the states on the ground
- 23:08where the federal government has
- 23:09installations
- 23:11so the post office is federal territory
- 23:15and the federal building they're way too
- 23:16many of those now but uh
- 23:18there's a provision for them right from
- 23:19the beginning so it's a
- 23:22limited government and whatever it does
- 23:26it has to justify by a specific
- 23:29provision in the constitution
- 23:31that permits it and that's not the
- 23:33strictest rule in the world
- 23:36you know there's leeway
- 23:39but but it's a different kind of thing
- 23:44than to begin on the basis you can do
- 23:45whatever you please
- 23:49the last thing i'll say about the
- 23:50constitution is uh
- 23:53what's it trying to do um
- 23:57we we like to say today if we're
- 23:59conservative-minded people which i
- 24:00happen to be
- 24:02that uh the constitution is to limit the
- 24:05government
- 24:06but of course that's obviously not true
- 24:09the first thing it does is empower the
- 24:11government
- 24:12and it's uh it's uh all over the
- 24:15constitution and the documents
- 24:16surrounding it
- 24:18that everybody understood they need a
- 24:19strong government in fact the
- 24:21constitution itself which replaced the
- 24:22articles of confederation
- 24:25was written in part because the articles
- 24:28were failing
- 24:29and the reason they were failing was the
- 24:31government wasn't strong enough to
- 24:33protect our rights
- 24:35there were foreign troops on our soil
- 24:37and we couldn't do anything about it
- 24:38couldn't pay our debts there were riots
- 24:42in the states and they couldn't be put
- 24:43down
- 24:44madison writes all this up in a really
- 24:45great essay before the constitutional
- 24:47convention
- 24:48called vices of the political system of
- 24:50the united states it's in our
- 24:51constitution reader
- 24:54and so they need a stronger government
- 24:58but they divide it now what is the
- 25:01purpose of the
- 25:02division and you have to think about how
- 25:05profound the division is although it's
- 25:07been much
- 25:07overcome by the growth of the
- 25:09administrative state and the bureaucracy
- 25:11which you're going to hear a lot about
- 25:12in this course
- 25:13it's still true that it's a it's a
- 25:16tremendous
- 25:17achievement because in dividing the
- 25:20powers
- 25:22they arranged for different methods of
- 25:25election
- 25:26of the different parts so the president
- 25:29serves for four years
- 25:31uh the house representative serves for
- 25:33two
- 25:34the senate serves for six the judges are
- 25:38appointed by the president
- 25:39on advice of the senate
- 25:43the constituencies are different
- 25:46the constituency for a senator is a
- 25:49state
- 25:51the constituency for the president is an
- 25:54electoral college made up
- 25:56of the which you win by majority that's
- 25:58under pressure these days
- 26:00which you win by majority uh of
- 26:04the electors in in the states and the
- 26:06electors are calculated according to the
- 26:08number of senators and representatives
- 26:10each state has so you see
- 26:13what it does it spreads
- 26:16authority across space and you remember
- 26:20this is the greatest and most extensive
- 26:23republic in human history
- 26:25and they were trying to unite a
- 26:27continent the full size of which they
- 26:29did not quite know yet
- 26:31although george washington did name his
- 26:33army the continental army
- 26:36so they wanted spread and so the senate
- 26:39spreads
- 26:40political authority and that means
- 26:41people who live in the very different
- 26:43and widely separated parts of the
- 26:45country
- 26:46all get a say even if they're not very
- 26:48numerous
- 26:50and then on the other hand it spreads
- 26:52authority across
- 26:53time because if you want to change
- 26:56something in the american government
- 26:59the fastest you can possibly turn the
- 27:01whole government over
- 27:02is six years because it takes three
- 27:05elections
- 27:06to elect a whole senate and the
- 27:08president two-thirds of that amount of
- 27:10time
- 27:11so that means that uh it places a
- 27:14premium
- 27:15on opinions that we hold firmly
- 27:18and for a long time and madison makes
- 27:21this point
- 27:22beautifully in the federalist papers and
- 27:24more than once
- 27:25uh in the 49th i think it is he says
- 27:29it is our reason alone that must be
- 27:32placed in control of the government
- 27:35our passions must be controlled by it so
- 27:38we're supposed to think
- 27:39before we act here's another feature of
- 27:42the constitution
- 27:43in the 63rd federalist madison says that
- 27:46this is the first
- 27:48purely representative government in
- 27:50history he's claiming a uniqueness
- 27:53and what does he mean by purely
- 27:54representative he means that
- 27:56the sovereign sovereign in england was
- 27:59the king and he was the executive branch
- 28:01the song sovereign in athens was the
- 28:04free citizens and they were the
- 28:05legislative branch
- 28:08the sovereignty the sovereign in america
- 28:10is the constitutional majority
- 28:13but they don't occupy a branch of
- 28:16government
- 28:17we don't control i mean they've
- 28:19introduced the referendum
- 28:20things like that in later years but
- 28:23there's no federal
- 28:24referendum process why madison thought
- 28:27it would be good for us
- 28:29because you know just like you can't
- 28:31trust the government fully because
- 28:32they're people
- 28:34you can't trust us fully either because
- 28:35we're people too
- 28:37and so we can only act
- 28:40through elections that makes
- 28:44elections important in america and it
- 28:46also means
- 28:48we can't do anything by the spur of the
- 28:50moment
- 28:51the best decision is not being made on
- 28:53the spur of the moment
- 28:54and i'll state a telling exception to
- 28:57that too
- 28:59the president is specifically empowered
- 29:02to
- 29:02act alone and that's in matters of
- 29:06execution think of the different
- 29:10meanings of that term
- 29:11execution when you've got a war
- 29:14you have to act suddenly but
- 29:17laws prevail because of course
- 29:20if the president starts a war and the
- 29:22congress doesn't like it or if he sends
- 29:24a bunch of troops somewhere
- 29:25they don't have to supply any money for
- 29:27that and the money will run
- 29:29out if they will put a stop to it and
- 29:31they have often in american history and
- 29:33threatened other times
- 29:35so you see the idea is that
- 29:38we have all the power but we can't
- 29:42act except through our representatives
- 29:45and that adds
- 29:46patience and and deliberation to the
- 29:49process
- 29:51and then a last thing the size of the
- 29:54of the united states the fact that it's
- 29:57spread so far
- 29:59the fact that it includes so many people
- 30:01in so many jurisdictions you know the
- 30:02states are supposed to have a lot more
- 30:04authority than they have these days and
- 30:06one of my wishes is to see it restored
- 30:10a lot of other things like that too but
- 30:13when it's spread all over the place
- 30:16let's say
- 30:16uh you've got 10 little conspiratorial
- 30:20friends
- 30:21you know you can if you got 10 little
- 30:22conspiratorial friends you can
- 30:25meet in dark rooms and whisper to each
- 30:27other nobody need find out
- 30:29but what's 10 going to do in a country
- 30:31this size
- 30:32in fact to influence the country you
- 30:35have to cr you have to talk
- 30:37across millions of people hundreds of
- 30:40thousands in the
- 30:41founding millions now tens of millions
- 30:43now
- 30:44and you have to you have to speak across
- 30:47vast
- 30:48spaces and madison writes
- 30:51that will teach us to be more candid
- 30:53with each other
- 30:55we you know we we love to say that
- 30:58uh all politicians are liars and i think
- 31:01that's not quite true
- 31:03but it's a rough truth but on the other
- 31:06hand think how much worse it would be
- 31:08if they didn't have to talk in front of
- 31:10us and if they weren't free to
- 31:11contradict each other
- 31:14and i i want to close with this point
- 31:16because it's fundamentally important
- 31:19there are just two ways of governing
- 31:21human beings
- 31:23and one is by talking and the others by
- 31:25force
- 31:26because we are the speaking beings
- 31:30this rationality that we have that lets
- 31:32us use common nouns
- 31:35that's what makes us political and so
- 31:38legitimate political
- 31:39systems are always built on talking
- 31:42not on violence they may take violence
- 31:45to install
- 31:47they may require violence to persist
- 31:50and to defend but they must not proceed
- 31:54in their ordinary workings by violence
- 31:56of one citizen upon another
- 31:58and so we we have a political system
- 32:01that first of all is meant
- 32:03to protect our rights which are written
- 32:05in our nature the decisive part of which
- 32:08is our ability to reason
- 32:09and and talk
- 32:13but also we have a nation where we're
- 32:15supposed to discuss
- 32:16things and teach each other and learn
- 32:19from each other
- 32:20and i'll go back to the european union
- 32:23the polls and the checks and the english
- 32:27and the french don't really have a good
- 32:30way to talk to each other
- 32:31except through the agencies of the
- 32:33european union
- 32:35and that means it's very difficult for
- 32:38there to be a culture
- 32:40in which public opinion is formed freely
- 32:44among all of the people who are affected
- 32:46they can't speak with each other
- 32:48routinely there's translation programs
- 32:50and lots of people speak more than one
- 32:52language in europe
- 32:53and yet to talk in your native tongue
- 32:57the tongue in which you've been educated
- 33:00and by which you
- 33:01articulate your best thoughts that's
- 33:04what you do especially with fellow
- 33:06citizens
- 33:09it's become a very great country in the
- 33:11course of its history
- 33:15beyond the imaginings even of the people
- 33:18who founded it who were
- 33:19extremely ambitious people they had the
- 33:22highest
- 33:23possible hopes all right well if that's
- 33:26true
- 33:27there must have been some cause of it
- 33:30but also it's in that final purpose
- 33:33we serve that we have adopted it's a
- 33:35purpose available to all human beings
- 33:38we have adopted it for our own
- 33:41and then finally in this form of
- 33:43government we have
- 33:44under the constitution which is itself a
- 33:47reflection of human nature
- 33:49and that is why it has worked so well
- 33:54so i'll close with the editorial point
- 33:56well known
- 33:58i think we ought to restore the
- 34:00authority of the constitution
- 34:02and the declaration of independence
- 34:05thank you
- 34:08[Music]
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