The Right’s Inside-Out Constitution

Exclusive: It has become an article of faith on the American Right that the Founders opposed a strong central government and that federal activism — from Franklin Roosevelt’s New Deal to President Obama’s health-care reform — violates the nation’s first principles. But that’s not the real history, writes Robert Parry.

By Robert Parry

In recent decades, the American Right has sought to rewrite the founding narrative of the United States through selective “scholarship,” by snatching a few quotes out of context and then relying on a vast propaganda machine (and much ignorance about U.S. history) to turn the Constitution inside out.

According to the Right’s revisionist narrative, the framers of the Constitution met in Philadelphia for the purpose of tightly restricting the powers of the national government and broadly empowering the states – when the actual intent of the Constitutional Convention was nearly the opposite.

Portrait of James Madison, "father of the Constitution" and fourth president of the United States

The Right has now popularized this bogus version of history so much that it has become a rallying cry for the Tea Party and other poorly informed Americans, including that self-proclaimed historian Newt Gingrich, who declared recently, “I believe in the Constitution; I believe in the Federalist Papers. Obama believes in Saul Alinsky and secular European socialist bureaucracy.”

Yet, perhaps oddest of all, the Right has taken James Madison, one of the Constitutional Convention’s strongest advocates for a powerful central government, and made him the new godfather for the state supremacy movement.

While it’s true that Madison – like many other Founders – veered during his long career through conflicting positions regarding the precise powers of the central government, he went to Philadelphia in 1787 along with fellow Virginian George Washington and other national leaders with the intent of creating a strong and vibrant central government to replace the weak version under the Articles of Confederation.

The Articles had made the 13 original states supreme and independent, while bestowing few powers on the central government. Washington was among the fiercest critics of this system of state “sovereignty” because it had allowed states to renege on promises of money for the Continental Army, which left General Washington’s men without pay, food and ammunition.

“Thirteen sovereignties,” Washington had written, “pulling against each other, and all tugging at the federal head, will soon bring ruin to the whole.” [See Catherine Drinker Bowen’s Miracle at Philadelphia.]

Madison was of a similar mind. In 1781, as a member of the Congress under the Articles of Confederation, he introduced a radical amendment that “would have required states that ignored their federal responsibilities or refused to be bound by decisions of Congress to be compelled to do so by use of the army or navy or by the seizure of exported goods,” noted Chris DeRose in Founding Rivals. However, Madison’s plan – opposed by the powerful states – went nowhere.

Similarly, Madison lamented how the variety of currencies issued by the 13 states and the lack of uniform standards on weights and measures impeded trade. Again, he looked futilely toward finding federal solutions to these state problems.

Changing the Government

So, after a decade of growing frustration and mounting crises under the Articles, a convention was called in Philadelphia in 1787 to modify them. Washington and Madison, however, had other ideas, pressing instead to scrap the Articles altogether in favor of a new constitutional structure that would invest broad powers in the central government and remove language on state sovereignty and independence.

As Washington presided over the convention, it fell to Madison to supply the framework for the new system. Madison’s plan, which was presented by the Virginia delegation, called for a strong central government with clear dominance over the states. Madison’s original plan even contained a provision to give Congress veto power over state decisions.

The broader point of the Constitutional Convention was that the United States must act as one nation, not a squabbling collection of states and regions. James Wilson from Pennsylvania reminded the delegates that “we must remember the language with which we began the Revolution: ‘Virginia is no more, Massachusetts is no more, Pennsylvania is no more. We are now one nation of brethren, we must bury all local interests and distinctions.’”

However, as the contentious convention wore on over the summer, Madison retreated from some of his more extreme positions. “Madison wanted the federal assembly to have a veto over the state assemblies,” wrote David Wootton, author of The Essential Federalist and Anti-Federalist Papers. “Vetoes, however, are bad politics, and again and again they had to be abandoned in the course of turning drafts into agreed texts.”

But Madison still pushed through a governing structure that bestowed important powers on the central government – including the ability to tax, to print money, to control foreign policy, to conduct wars and to regulate interstate commerce.

Madison also came up with a plan for approving the Constitution that bypassed the state assemblies and instead called for special state conventions for ratification. He knew that if the Constitution went before the existing assemblies – with the obvious diminution of their powers – it wouldn’t stand a chance to win the approval of the necessary nine states.

Still, the Constitution prompted fierce opposition from many prominent Americans who recognized how severely it reduced the powers of the states in favor of the central government. These Anti-Federalists decried the broad and sometimes vague language that shifted the country away from a confederation of independent states to a system that made the central government supreme.

What Madison and his cohorts had achieved in Philadelphia was not lost on these Anti-Federalists, including the Pennsylvania delegates who had been on the losing side and who then explained their opposition in a lengthy report which declared: “We dissent … because the powers vested in Congress by this constitution, must necessarily annihilate and absorb the legislative, executive, and judicial powers of the several states, and produce from their ruins one consolidated government. …

“The new government will not be a confederacy of states, as it ought, but one consolidated government, founded upon the destruction of the several governments of the states. … The powers of Congress under the new constitution, are complete and unlimited over the purse and the sword, and are perfectly independent of, and supreme over, the state governments; whose intervention in these great points is entirely destroyed. …

“The new constitution, consistently with the plan of consolidation, contains no reservation of the rights and privileges of the state governments, which was made in the confederation of the year 1778, by article the 2nd, viz. ‘That each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States in Congress assembled.’”

The Pennsylvania dissenters noted that the state sovereignty language from the Articles of Confederation was stripped out of the Constitution and that national sovereignty was implicitly transferred to “We the People of the United States” in the Preamble. They pointed out that the Constitution’s Article Six made federal statutes and treaties “the supreme law of the land.”

“The legislative power vested in Congress … is so unlimited in its nature; may be so comprehensive and boundless [in] its exercise, that this alone would be amply sufficient to annihilate the state governments, and swallow them up in the grand vortex of general empire,” the Pennsylvania dissenters declared.

Extreme Fears

Some Anti-Federalists charged that the President of the United States would have the powers of a monarch and that the states would be reduced to little more than vassals of the central authority.  Others mocked the trust that Madison placed in his schemes of “checks and balances,” that is, having the different branches of government block others from committing any grave abridgement of liberties.

Famed Revolutionary War orator Patrick Henry, one of the leading Anti-Federalists, denounced Madison’s scheme of countervailing powers as “specious imaginary balances, your rope-dancing, chain-rattling, ridiculous ideal checks and contrivances.” Henry and other opponents favored scrapping the new Constitution and calling a second convention.

Though the Anti-Federalists were surely hyperbolic in some of their rhetoric, they were substantially correct in identifying the Constitution as a bold assertion of federal power and a major transformation from the previous system of state independence.

For his part, Madison was not only the chief architect of this shift from state to national power, he even favored a clearer preference for federal dominance with his veto idea over actions by state assemblies, the proposal that died in the compromising at Philadelphia.

However, Madison and other Federalists faced a more immediate political challenge in late 1787 and early 1788 – securing ratification of the new Constitution in the face of potent opposition from the Anti-Federalists. Madison was particularly concerned that a second convention would eliminate one of his pet features in the Constitution, granting the federal government control over interstate commerce.

Despite Madison’s ploy of requiring special ratifying conventions in the various states, the Anti-Federalists appeared to hold the upper hand in key states, such as Virginia and New York. So, to defend the new Constitution, Madison joined with Alexander Hamilton and John Jay in anonymously composing the Federalist Papers, a series of essays which not only sought to explain what the Constitution would do but – perhaps more importantly – to rebut the accusations of the Anti-Federalists.

Indeed, the Federalist Papers are best understood not as the defining explanation of the framers’ intent – since the actual words of the Constitution (contrasted with the Articles of Confederation) and the debates in Philadelphia speak best to that – but as an attempt to tamp down the political fury directed at the proposed new system.

Downplaying the Changes

Thus, when the Anti-Federalists thundered about the broad new powers granted the central government, Madison and his co-authors countered by playing down how radical the new system was and insisting that the changes were more tinkering with the old system than the total overhaul that they appeared to be.

That is the context which today’s Right misses when it cites Madison’s comments in Federalist Paper No. 45, entitled “The Alleged Danger From the Powers of the Union to the State Governments Considered,” in which Madison, using the pseudonym Publius, sought to minimize what the Constitution would do. He wrote:

“If the new Constitution be examined with accuracy, it will be found that the change which it proposes consists much less in the addition of NEW POWERS to the Union, than in the invigoration of its ORIGINAL POWERS.

“The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose, and from which no apprehensions are entertained. The powers relating to war and peace, armies and fleets, treaties and finance, with the other more considerable powers, are all vested in the existing Congress by the Articles of Confederation. The proposed change does not enlarge these powers; it only substitutes a more effectual mode of administering them.”

Today’s Right trumpets this essay and especially Madison’s summation – that “the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite” – but the Right ignores what Madison was trying to accomplish with his essay. He was trying to defuse the opposition.

After all, if Madison really thought the Articles only needed some modest reform, why would he have insisted on throwing them out altogether along with their language about state “sovereignty” and “independence”?

Nor was it entirely accurate for Madison to suggest that replacing the federal government’s toothless powers in the Articles with powers having real teeth in the Constitution was trivial. Under the Constitution, for instance, the printing of money became the exclusive purview of the federal government, not a minor change.

Madison also was a touch disingenuous when he dismissed the importance of the Commerce Clause, which gave the central government control over interstate commerce. Madison understood how important that federal authority was – and he was determined to protect it. (Indeed, in modern times, the Commerce Clause has become perhaps the most controversial feature of the Constitution, serving as the foundation for federal activism ranging from Franklin Roosevelt’s New Deal to Barack Obama’s health-care reform.)

Madison, the Builder

To cite Madison as an opponent of an activist federal government, the Right must also ignore Federalist Paper No. 14 in which Madison envisioned major construction projects under the powers granted by the Commerce Clause.

“[T]he union will be daily facilitated by new improvements,” Madison wrote. “Roads will everywhere be shortened, and kept in better order; accommodations for travelers will be multiplied and meliorated; an interior navigation on our eastern side will be opened throughout, or nearly throughout the whole extent of the Thirteen States.

“The communication between the western and Atlantic districts, and between different parts of each, will be rendered more and more easy by those numerous canals with which the beneficence of nature has intersected our country, and which art finds it so little difficult to connect and complete.”

What Madison is demonstrating in that essay is a core reality about the Founders – that, by and large, they were practical men seeking to build a strong and unified nation.

Though the Right today plays games with notions of “originalism” and “strict construction” – pretending that the Founders wanted to lock the United States into a world of the late Eighteenth Century – the true “originalist” intent of the Constitution’s framers was a forward-looking pragmatism.

They were concerned about addressing the many challenges of a sprawling nation in a world with many external and internal dangers, both for themselves and their posterity.

The Articles of Confederation – with their emphasis on the states’ powers – weren’t working, so Madison and the Constitutional Convention jettisoned that structure in favor of a system with a strong and energetic central government with the authority to build the young nation. They also made the new system flexible so it could respond to future, unanticipated problems as well.

In exalting this pragmatic approach, Hamilton mocked the Anti-Federalists who propounded fanciful notions of how the Constitution would lead the federal government to oppress the people. He wrote in Federalist Paper No. 31:

“The moment we launch into conjectures about the usurpations of the federal Government, we get into an unfathomable abyss, and fairly put ourselves out of the reach of all reasoning. Imagination may range at pleasure until it gets bewildered amid the labyrinths of an enchanted castle, and knows not on which side to turn to extricate itself from the perplexities into which it has so rashly adventured.

“Whatever may be the limits or modifications of the powers of the Union, it is easy to imagine an endless train of possible dangers; and by indulging an excess of jealousy and timidity, we may bring ourselves to a state of absolute skepticism and irresolution.”

Hamilton’s comments could as readily be applied to today’s Tea Party members who somehow see in federal regulation of the health-insurance industry or of investment banks nefarious assaults on the liberties of Americans. As the Tea Partiers dress up in Revolutionary War costumes, however, they are more representing the overheated alarms of the Anti-Federalists than the careful planning of the Constitution’s framers.

Yet, one cannot ignore that the Anti-Federalists served an important function in creating the framework that emerged from those formative years. To win over skeptics, Madison and other Federalists agreed to have the first Congress adopt a Bill of Rights as the first 10 amendments to the Constitution.

Still, after months of argument and that promise, the Constitution barely survived. It narrowly eked through to passage in some key states, such as Massachusetts (187 to 168), New York (30 to 27) and Virginia (89 to 79). After getting elected to the new Congress, Madison then lived up to his word in getting the Bill of Rights enacted and sent to the states for ratification.

Overstating the Tenth Amendment

Today’s Libertarian and Tea Party movements – in claiming the Founders were big opponents of a strong central government and favored states’ rights – make much of the Tenth Amendment, which asserts that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

But the Right’s historical revisionists again miss the key point here. The Constitution already had granted broad powers to the federal government – including regulation of national commerce – so the states were left largely with powers over local matters.

To further appreciate how modest the Tenth Amendment concession was, you must compare its wording with Article II of the Confederation, which is what it replaced. Article II stated that “each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated.”

In other words, the power relationship was flipped. Instead of the states being firmly in control, the new central government would now set the supreme laws of the land with state “sovereignty” largely confined to local matters. Arguably, the most important American leader effecting this monumental change was James Madison.

In later years, Madison – like other framers of the Constitution – switched sides in various debates over the practical limits of federal power. For instance, Madison joined with Thomas Jefferson in opposing Hamilton’s national bank, but then as Jefferson’s secretary of state, Madison applied an expansive view of national authority in negotiating the Louisiana Purchase from France. Madison also shifted regarding the value of the national bank after his frustrating experiences as president during the War of 1812.

The struggles between the Federalists and the Anti-Federalists also didn’t end with those early disputes over how the new government should function. The battle lines formed again when it became clear to the agrarian South that its economic model, based on slavery, was losing ground to the growing industrial power of the North and the influence of the Emancipation movement.

In the early 1830s, Southern politicians led the “nullification” challenge to the federal government, asserting that states had the right to nullify federal laws, such as a tariff on manufactured goods. But they were beaten back by President Andrew Jackson who threatened to deploy troops to South Carolina to enforce the federal supremacy established by the Constitution.

In December 1832, Jackson denounced the “nullifiers” and declared “the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed.”

Jackson also rejected as “treason” the notion that states could secede if they wished, noting that the Constitution “forms a government not a league,” a reference to a line in the Articles of Confederation that had termed the fledgling United States “a firm league of friendship” among the states, not a national government.

Jackson’s nullification crisis was resolved nonviolently, but a few decades later, the South’s continued resistance to the constitutional preeminence of the federal government led to secession and the formation of the Confederacy. It took the Union’s victory in the Civil War to firmly settle the issue of the sovereignty of the national Republic over the independence of the states.

However, the defeated South still balked at the principle of equal rights for blacks and invoked “states’ rights” to defend segregation during the Jim Crow era. White Southerners amassed enough political clout, especially within the Democratic Party, to fend off civil rights for blacks.

Ending Segregation

The battle over states’ rights was joined again in the 1950s when the federal government finally committed itself to enforcing the principle of “equal protection under the law” as prescribed by the Fourteenth Amendment. Many white Southerners were furious that their system of segregation was being dismantled by federal authority.

Southern rightists and libertarians insisted that federal laws prohibiting denial of voting rights for blacks and outlawing segregation in public accommodations were unconstitutional, citing the Tenth Amendment. But federal courts ruled that Congress was within its rights in banning such discrimination within the states.

The anger of Southern whites was reflected in the prevalence of the Confederate battle flag on pickup trucks and in store windows. Gradually, however, the American Right retreated from outright support of racial segregation and muffled the rhetorical threats of secession (although the idea still surfaces once in a while as it did in comments last year by Texas Gov. Rick Perry).

Instead, the Right has sought to impose a reinterpretation of the Constitution by using its increasingly powerful media tools to revise the history of the United States and pretend that Madison and other Founders designed the Constitution as a document to establish the authority of the states to defy the federal government.

This revisionist view is now at the heart of the Tea Party movement and is reflected in comments by Republican presidential hopefuls, such as the insistence of Rep. Ron Paul of Texas that much of what the federal government has done domestically in recent decades has been unconstitutional. It also apparently was what Gingrich was driving at with his recent comment about his belief in the Constitution and the Federalist Papers.

But the Right leaves out of this narrative the key fact of why the Constitution was drafted in the first place: to get rid of the Articles of Confederation with that language about sovereign and independent states in a non-binding “firm league of friendship.”

It simply doesn’t fit the Right’s narrative that the Constitution represented the nation’s single greatest consolidation of federal power – nor that the key Founders, including James Madison, saw this new constitutional authority as a practical way to build a stronger nation, then and for the future.

[For more on related topics, see Robert Parry’s Lost History, Secrecy & Privilege and Neck Deep, now available in a three-book set for the discount price of only $29. For details, click here.]

Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Neck Deep: The Disastrous Presidency of George W. Bush, was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq and Lost History: Contras, Cocaine, the Press & ‘Project Truth’ are also available there.

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33 comments on “The Right’s Inside-Out Constitution

  1. Right on Bob! Yours is an excellent summary of the intent and outcome of the Constitutional Convention of 1787. The only refinement I’d make is to your statement that Madison was forced to abandon his proposed veto power to be vested in the federal government which would be exercised over state law. It is true that he was forced to abandon the plan which as initially proposed would have required the federal government to ratify all state laws before they could go into effect; but the veto power survives in the federal Supreme Court’s power to review and strike down state laws if it deems them to be in violation of the Federal Constitution.

    Those who want to review the Convention’s debates day by day, should look at the summaries I’ve prepared based on Madison’s Notes. My summaries are located at http://www.classroomtools.com/philly1787.html

    • Harold Everling on said:

      Agree with Bill Chapman’s point that the Court can now strike down any state law or act it decides is in conflict with federal law. So the effect is the same but only after the state act is challenged and works its way through the federal courts. Great piece though . . . . unfortunately, Tea Party types and their fellow travelers, often very low information voters, could not read, understand, and rationally discuss an issue as is raised here. They just turn on Fox News and ask to be told what to think.

    • Dick Eastman on said:

      It is wrong to speak of the Constitutional Convention as “Madison and his cohorts.” The Convention was divided and it reached political compromise. Never forget that Madison introduced the Amendments. Madison was Jefferson’s man at the constitution — Jefferson being in France at the time. Madison organized the Jeffersonian party. He opposed Hamilton and the Bank. As President he fled Washington DC for his life. He opposed the bank. Madison is no libertarian — but he does qualify as a populist. The tradition is Franklin, Jefferson, Madison, Paine versus Hamilton, John Marshall. Later it was Randolph, Hane and Calhoun against Webster and Clay, both of these “on retainer” to the Bank of the United States, that is to Nicholas Biddle, agent or Nathan Rothschild. Webster is the Rockefeller Republicans. Clay is the Lyndon Johnson Great Society Democrats – and both favored that monstrosity called “The American System” which replays in the Rockeller American Enterprise Institutie etc. The Tea Party is deluded as were the followers of Clay and Webster. Madison is not a libertarin — but a Jeffersonian. The Jeffersonians were rubbed out during the Civil War. After the war, the masses, decapitated, had to struggle on and raise a new leadership — these were the populists Weaver, Mary Lease and Ignatius Donnalley — who wanted National Treasury money — until hijacked by Bryan pulled away people from the People’s party to become “sivler democrats.” Go to youtube and search John C Calhoun Dick Eastman

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  4. G.M. Weber on said:

    As a school teacher having been witnessing the astounding encroachment on the truth and facts of history – - even within school systems, by aggressive political right wing religious zealots, this is better than a breath of Spring ~!!
    I cannot thank you enough for publishing this article..and supporting Robert Parry in his honest efforts to expose unadulterated history~!
    I offer my own ‘Hallelujah Chorus” to this work !!
    G. Weber

  5. Dwight Thomas Powers on said:

    Thanks again Mr.Parry for setting the record straight. The far right, have been re-writing ‘history’ for so long, they actually believe in their own lies ( as do those who watch Fox and ignorantly refuse to find out reality).

  6. Gregory L Kruse on said:

    It is only common sense that the states not be granted sovereignty and independence in a system that was meant to govern such vast tracts of virgin land and such diverse immigrant peoples. Madison and those supporters of a superior federal government was looking beyond the commercial interests of various players in the various states to a union of those interests sufficiently powerful to survive in a world rapacious “foreign” competition. Only those with a financial stake in keeping government “off their back” would advocate for sovereign state governments which would be more susceptable to manipulation. They are the same people today.

  7. Ted-Zee-Man on said:

    To all of the Republicans and Tea-Party Members, if you can read, here is a Major History Lesson.

  8. Navy-vet on said:

    Thank you! This is a wonderful summation of vital history. But to fully know American history we must go back into earlier times.

    I’m a historian of Medieval political, economic, social and religious dissent. Those of you who call the Middle Ages merely “the Age of Faith” might be surprised at how lively and continual the reform movements were, and how successful. I call the period between about 1100 and 1450 “the Age of Action.” and it lasted until it was wiped out by the tsunami of trading and military imperialism, the divine right of kings, slavery, the crushing of women’s property rights, and white European supremacy governance that began in the 15th century. We call that the Renaissance and Age of Discovery (as if the ancestors of overrun natives hadn’t “discovered” their lands thousands of years earlier), but the political elite were drawn to Machiavellian ideas. Machiavelli taught the 1% how to crush opposition from the 99% and take supreme power. Religious struggles that began in the 12th century, often nonviolently, turned violent, adding to the polarization of society all over Europe. Only the nonviolent heretics and reformers, led by scattered groups of quietist Anabaptists who withdrew into local undergrounds, kept the vitality of Medieval culture from dying altogether.

    For most people, especially women, liberties and social improvements hard-won in the Middle Ages–but never secure–were lost in the Renaissance until the rediscovery of the Medieval Parliament and documents like Magna Carta in the middle 17th century. That led to the English Civil War and the rebirth of many humane political advances in England and France, but at the expense of militarism. Furthermore, economic gains and social justice were lost in the rush to profit from the new capitalism and build industry. Adam Smith in the 18th century tried to define capitalism in humanist terms, but unsuccessfully. It has always been more suited to top-down tyranny and imperialism, along with limitless and freely polluting industrial growth. Thus, the laissez-faire Industrial Revolution should be called the “Age of Exploitation” and we are living at the end of it, one way or another. The materialism and mechanistic science of certain aspects of the Enlightenment added to the separation of social justice from economics. These separate strands were brought together as the intellectual basis of the revolutions of the 18th century.

    Knowing the undercurrents of all the centuries from the 11th to the 18th, we can get into the minds of the Founders of the Constitution and the Bill of Rights. The American experiment has been brilliantly explained by Robert Parry, but it was from the start an attempt to combine contradictory, often incoherent, lessons of history. The Founders did well, considering the limits of knowledge and their lofty goals. I now hope that the OCCUPY movement will remain firmly nonviolent, and that out of it will emerge the Madisons and others to formulate a new governance combined from dissenting economics, inclusive social justice, free religious speculation and open politics, for what we all hope will be the coming Age of Sanity.

  9. Lamar Garner on said:

    My gratitude for this effort to clarify what has become something little more than word of mouth folklore in certain circles of our present political society.

    I have always been astounded and perplexed by the willingness of others to lead astray, for ulterior gain, the easily influenced, undereducated among us who are themselves not to be blameless in the act of blindly following what to most is farcically, if not frivolously apparent on its surface.

    The radical right leaning element among us, who need not be further identified, for they are well known to us and to themselves, should be and would be, in a less free society required to read every word of this document and to have to pass a test to prove their thorough understanding of its content and meaning thereof.

    In doing so, I would hope that in the future, they would think twice before committing utterances of such blatant misrepresentations of historic facts as they have been want to do in my adult lifetime, and which have led astray so thoroughly indigenous southerners, many of my own acquaintance,ie; friends, neighbors, and yes…even some family members (some ‘educated’ ones to boot-as per:exalted Dean of Law,=1st cousin) and others.

    This is what has been coming to the fore in the social media which has become so pervasive as of late, and which has become, and becoming more so still, a tool for truth-telling. As such the GOP, Grand Old Party, or Republican Party of these ‘United’ States has been rapidly gaining the reputation of a party of tellers of less than the truth, if not a pack of Outright Liars.

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  11. Morton Kurzweil on said:

    If the sole power of the government was to preserve and protect the civil liberties of all the people that would be enough to create an equal playing field for racial, gender, cultural and religious freedom.

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  13. The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction. — James Madison, Speech in the Virginia Ratifying Convention, June 6, 1788,

    If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions. — James Madison, January 21, 1792, in The Papers of James Madison, vol. 14,

    Its nice to know that good progressives like Mr Parry can overlook the historical record including hundreds of volumes written by the founders and continue tu huff the glue of revisionism that sustains them when no historical documentation supports them.

    Well, at least its not another dillusional October Surprise rant.

    Well, its a nice break from his October Surprise

  14. DDearborn on said:

    Hmmm

    I don’t know what you have been smoking, drinking or snorting but this entire article is lie. With a couple of exceptions virtually all of the signers of the Constitution were strongly in favor of STATES rights. They were united in their opinion that a powerful central government would lead to tyranny. I have read many of the papers and opinions written by the founders. NON WHERE is there a common thread even hinting at the idea that putting the federal governmental powers above the states was paramount. In fact if you actually read the Constitution the exact opposite is crystal clear. The Constitution was created to allow the States to have the power to protect the citizens from an overbearing, oppressive and tryannical federal government like the crown which they had just thrown out. In short the Constitution was written to protect us from what the Federal government is today: overbearing, oppressiv and tyrannical.

    Talk about baloney this guy is full of it….

    • @ DDearborn

      You’ve provided no evidence on why the entire article is a lie. You can’t even spell for God’s sake. It’s “nowhere” not “NON WHERE”. One word. Learn English before you make such ridiculous comments. Typical right-winger.

  15. Parry is wrong! The guy fails to mention the state ratification debates which Madison tells people to look to for the interpretaion of the constitution! Madison knew that the constitution that had been adopted was not the one he wanted but in later years supported, he wanted a national government but that was rejected and what we got was a federal(which means limited..for you libtards)government. Just like the neocons you try to distort real history! Maybe you people should read the state ratification debates instead listining to morons like Parry! Even King George the 3rd in the end aknowleged the states(AKA nations)as free and independent!

  16. Thomas Woods responded to this article in this video:
    http://www.tomwoods.com/blog/leftist-tries-to-take-down-ron-paul-on-constitution/

    So check it out!

    • Sam Geoghegan on said:

      and absolutely killed the liberal revisionist who wrote this hit piece.
      The acolytes cheer victory while ironically referring to the ignorant right wing. Gotta laugh.

  17. Gilbert Peralta on said:

    lol, what a schumck. Parry needs to go back to school. Thankfully Dr. Tom Woods sets him straight. tomwoods.com/blog/leftist-tries-to-take-down-ron-paul-on-constitution/

    Nice try Parry, but you have a leftist view that was clearly formed by a late 2oth century brainwashing public education system. You like many Americans suffer from Stockholm syndrome.

  18. “Today’s Right trumpets this essay and especially Madison’s summation – that “the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite” – but the Right ignores what Madison was trying to accomplish with his essay. He was trying to defuse the opposition”

    Mr. Perry, read what you have written… Even were I to agree with your assessment, his words matter more than his intentions. Are you claiming that he lied to them?

    Your interpretation is based not on actual history, but instead on making history justify all the encroachments on liberty that ypu find desirable.

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  20. EndtheFed on said:

    Just for the record, the civil liberty, freedom loving, realists of today are not neo-con, Fox watching, moral majority robots as so many of the responders on here seem to think. You read one article and suddenly you’re all experts, but you know there is always another side. And here’s one from historian and best selling author of 11 books, youtube Leftist Tries to Take Down Ron Paul on Constitution (Tom Woods), always good to get a different perspective before you jump on the bandwagon.

  21. Patrick on said:

    I’m one of the many who am popping in from Tom Woods’ video. I read the article, and watched Tom’s video, and I’ll just say this:

    To the extent that you’re dismantling non-intellectual, Obama-reactionist “conservatives” that are voting for Santorum and still hate gays and minorities and would like to use the states as a way to supercede federal laws that protect their rights, I say “hurray.”

    To the extent that you think you are right in your understanding of the Constitution’s creation, James Madison’s positions, the founding of the nation, the nature of social contracts vs the principles of liberty, I defer to Tom Woods’ video.

    Let’s keep the discourse civil and not fall back on simple disparaging remarks. I saw it in the Feb 15 comments from pro-Parry commenters and I see it in the Feb 23 comments from pro-Woods commenters, and I’m disappointed in both. Fact: most of us aren’t drinking Kool-Aid. We’re just trying to figure out how to best bring about a decent civil society. :)

    Patrick

  22. Which Right is Right? on said:

    If I were Parry, I would pretend Woods did not correct him. I have seen the outcomes of debates when people like Mark Levin took on an actual historian like Woods, and it is not pretty. I also agree with the last comment about “the right” being two completely different things these days. Watch a GOP Pres debate, for instance, and you will see one side represented by multiple people who don’t have a whole lot in common with Ron Paul. The intellectual fight among who should represent the right is interesting as well, since lately the neo-cons have been destroyed whenever they have taken on the libertarian types like Woods.

    http://www.tomwoods.com/levin/

    That is a good example.

  23. State ratifying conventions? You write an entire article about what the Constitution means, but you don’t refer to the one point in history when the writers of the Constitution actually TOLD the public what it means?

    Dr. Tom Woods responds: http://www.tomwoods.com/blog/leftist-tries-to-take-down-ron-paul-on-constitution/

    • Excellent post Bharat. The entire article is rubbish except for the part that reads February 13, 2012. Tom Woods definitely sets the record straight.

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