We’ve explored James Madison’s exposition on a democratic republic and the regulation of faction through the mechanism of representation in Federalist #10. I’d like to now move on to some interesting insight provided by Alexander Hamilton in Federalist #15 on the use of power and sanction by government, and on the self-interest of human nature:
Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.
One thing this passage demonstrates is that our founding fathers did not have the rose-tinted glasses that many of us moderns seem to possess when we consider the role of government. Stating the role of government in such stark terms probably rubs our politically-correct sensibilities the wrong way. Recall that Hamilton is referring explicitly to the context of political and economic disarray due to the Articles of Confederation. He knew what it looks like when governance is weak and based on mutual promises of goodwill and intent, rather than backed by an authoritative power to enforce laws.
There is an interesting parallel here in the manner that many people today view public schools. They seem to think that if we simply create a nurturing and caring environment, student behavior will take care of itself (just a quick note: I do believe that environments can be created that will do much to address misbehavior. See my other blog for more on this). This is patently ridiculous to anyone who has taught children. Children naturally take advantage of any opportunity to gain attention and status amongst their peers. Without the ability to enforce transparent and fair codes of expected behavior, a teacher and a school’s administration are toothless. Children know when there are no consequences.
That doesn’t mean a suspension for every child who steps out of line. A consequence may just mean a long conversation with the child and their parent, with a contract drawn up or some other such embarrassing formalized thing. But there must be clear and fair penalties given. Children expect and demand this, and lose all respect for an adult when no such actions are taken (watch and observe children with their parents out in public for further demonstrations of this principle).
Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice, without constraint. Has it been found that bodies of men act with more rectitude or greater disinterestedness than individuals?
What’s interesting here is the somewhat cynical but pragmatic view that Hamilton displays on human nature. Optimists may disagree, believing that without government, mankind will better self-govern through community-based efforts and individual self-interest. Such optimists are also known as “anarchists.” On the other side of this, however, we can also see that authoritative constraint can produce its own set of dysfunction when it is not implemented in a manner that gains the trust and respect of those so constrained. Americans are renowned for their distrust of their own government. Some of this distrust is well-earned, while some is steeped in provincial conspiracy and superstition. /Begin tangent. Currently, the discovery that the NSA has untrammeled access to almost all corners of our online communications has made many otherwise complacent Estadounidenses awaken to the reality that a healthy mistrust of their government can be warranted, especially when that government has demonstrated that it is fomenting dastardly plans in secret. If our government was more transparent about its surveillance methods and the purposes for that surveillance, I don’t think people would be so taken aback. After all, we willingly hand over wads of our personal information to retailers, credit card companies, and other organizations on a daily basis. /End tangent.
. . .in every political association which is formed upon the principle of uniting in a common interest a number of lesser sovereignties, there will be found a kind of eccentric tendency in the subordinate or inferior orbs, by the operation of which there will be a perpetual effort in each to fly off from the common centre. This tendency is not difficult to be accounted for. It has its origin in the love of power. Power controlled or abridged is almost always the rival and enemy of that power by which it is controlled or abridged.
Hamilton is making it clear here that this natural tendency for subordinate states to desire greater power requires the execution of federal power through law.
In our case, the concurrence of thirteen distinct sovereign wills is requisite, under the Confederation, to the complete execution of every important measure that proceeds from the Union. . . .The measures of the Union have not been executed; the delinquencies of the States have, step by step, matured themselves to an extreme, which has, at length, arrested all the wheels of the national government, and brought them to an awful stand. . .
Hmmm. Our federal government brought to an “awful stand” because of extremism. . . Sure sounds painfully familiar. McDonnell, anybody?
The greater deficiencies of some States furnished the pretext of example and the temptation of interest to the complying, or to the least delinquent States. Why should we do more in proportion than those who are embarked with us in the same political voyage? Why should we consent to bear more than our proper share of the common burden? These were suggestions which human selfishness could not withstand. . . Each State, yielding to the persuasive voice of immediate interest or convenience, has successively withdrawn its support, till the frail and tottering edifice seems ready to fall upon our heads, and to crush us beneath its ruins.
Again, Hamilton’s pessimistic view of human nature is demonstrated here. It is the selfishness intrinsic to mankind that explains the behavior of the states. Yet this very selfishness is what we see demonstrated when we come up against the greatest challenges to our nation and to our species, such as the depletion of fish from our oceans, the degradation of top soils and water sources, and general environmental volatility across the world. Nations, just like states, just like individuals, act in accordance with self-interest. It is only via the mechanisms of constraint through legislation and justice that this self-interest can be managed for the greater and equitable interest of a collective.