Showing posts with label Plato. Show all posts
Showing posts with label Plato. Show all posts

Saturday, October 18, 2014

FEDERALIST PAPERS No. 49. Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention.

For the Independent Journal. Saturday, February 2, 1788.

To the People of the State of New York:
THE author of the "Notes on the State of Virginia," quoted in the last paper, has subjoined to that valuable work the draught of a constitution, which had been prepared in order to be laid before a convention, expected to be called in 1783, by the legislature, for the establishment of a constitution for that commonwealth. The plan, like every thing from the same pen, marks a turn of thinking, original, comprehensive, and accurate; and is the more worthy of attention as it equally displays a fervent attachment to republican government and an enlightened view of the dangerous propensities against which it ought to be guarded. One of the precautions which he proposes, and on which he appears ultimately to rely as a palladium to the weaker departments of power against the invasions of the stronger, is perhaps altogether his own, and as it immediately relates to the subject of our present inquiry, ought not to be overlooked.
His proposition is, "that whenever any two of the three branches of government shall concur in opinion, each by the voices of two thirds of their whole number, that a convention is necessary for altering the constitution, or CORRECTING BREACHES OF IT, a convention shall be called for the purpose."
As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory, to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of the government, but also whenever any one of the departments may commit encroachments on the chartered authorities of the others. The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers; and how are the encroachments of the stronger to be prevented, or the wrongs of the weaker to be redressed, without an appeal to the people themselves, who, as the grantors of the commissions, can alone declare its true meaning, and enforce its observance?
There is certainly great force in this reasoning, and it must be allowed to prove that a constitutional road to the decision of the people ought to be marked out and kept open, for certain great and extraordinary occasions. But there appear to be insuperable objections against the proposed recurrence to the people, as a provision in all cases for keeping the several departments of power within their constitutional limits.
In the first place, the provision does not reach the case of a combination of two of the departments against the third. If the legislative authority, which possesses so many means of operating on the motives of the other departments, should be able to gain to its interest either of the others, or even one third of its members, the remaining department could derive no advantage from its remedial provision. I do not dwell, however, on this objection, because it may be thought to be rather against the modification of the principle, than against the principle itself.
In the next place, it may be considered as an objection inherent in the principle, that as every appeal to the people would carry an implication of some defect in the government, frequent appeals would, in a great measure, deprive the government of that veneration which time bestows on every thing, and without which perhaps the wisest and freest governments would not possess the requisite stability. If it be true that all governments rest on opinion, it is no less true that the strength of opinion in each individual, and its practical influence on his conduct, depend much on the number which he supposes to have entertained the same opinion. The reason of man, like man himself, is timid and cautious when left alone, and acquires firmness and confidence in proportion to the number with which it is associated. When the examples which fortify opinion are ANCIENT as well as NUMEROUS, they are known to have a double effect. In a nation of philosophers, this consideration ought to be disregarded. A reverence for the laws would be sufficiently inculcated by the voice of an enlightened reason. But a nation of philosophers is as little to be expected as the philosophical race of kings wished for by Plato. And in every other nation, the most rational government will not find it a superfluous advantage to have the prejudices of the community on its side.
The danger of disturbing the public tranquillity by interesting too strongly the public passions, is a still more serious objection against a frequent reference of constitutional questions to the decision of the whole society. Notwithstanding the success which has attended the revisions of our established forms of government, and which does so much honor to the virtue and intelligence of the people of America, it must be confessed that the experiments are of too ticklish a nature to be unnecessarily multiplied. We are to recollect that all the existing constitutions were formed in the midst of a danger which repressed the passions most unfriendly to order and concord; of an enthusiastic confidence of the people in their patriotic leaders, which stifled the ordinary diversity of opinions on great national questions; of a universal ardor for new and opposite forms, produced by a universal resentment and indignation against the ancient government; and whilst no spirit of party connected with the changes to be made, or the abuses to be reformed, could mingle its leaven in the operation. The future situations in which we must expect to be usually placed, do not present any equivalent security against the danger which is apprehended.
But the greatest objection of all is, that the decisions which would probably result from such appeals would not answer the purpose of maintaining the constitutional equilibrium of the government. We have seen that the tendency of republican governments is to an aggrandizement of the legislative at the expense of the other departments. The appeals to the people, therefore, would usually be made by the executive and judiciary departments. But whether made by one side or the other, would each side enjoy equal advantages on the trial? Let us view their different situations. The members of the executive and judiciary departments are few in number, and can be personally known to a small part only of the people. The latter, by the mode of their appointment, as well as by the nature and permanency of it, are too far removed from the people to share much in their prepossessions. The former are generally the objects of jealousy, and their administration is always liable to be discolored and rendered unpopular. The members of the legislative department, on the other hand, are numerous. They are distributed and dwell among the people at large. Their connections of blood, of friendship, and of acquaintance embrace a great proportion of the most influential part of the society. The nature of their public trust implies a personal influence among the people, and that they are more immediately the confidential guardians of the rights and liberties of the people. With these advantages, it can hardly be supposed that the adverse party would have an equal chance for a favorable issue.
But the legislative party would not only be able to plead their cause most successfully with the people. They would probably be constituted themselves the judges. The same influence which had gained them an election into the legislature, would gain them a seat in the convention. If this should not be the case with all, it would probably be the case with many, and pretty certainly with those leading characters, on whom every thing depends in such bodies. The convention, in short, would be composed chiefly of men who had been, who actually were, or who expected to be, members of the department whose conduct was arraigned. They would consequently be parties to the very question to be decided by them.
It might, however, sometimes happen, that appeals would be made under circumstances less adverse to the executive and judiciary departments. The usurpations of the legislature might be so flagrant and so sudden, as to admit of no specious coloring. A strong party among themselves might take side with the other branches. The executive power might be in the hands of a peculiar favorite of the people. In such a posture of things, the public decision might be less swayed by prepossessions in favor of the legislative party. But still it could never be expected to turn on the true merits of the question. It would inevitably be connected with the spirit of pre-existing parties, or of parties springing out of the question itself. It would be connected with persons of distinguished character and extensive influence in the community. It would be pronounced by the very men who had been agents in, or opponents of, the measures to which the decision would relate. The PASSIONS, therefore, not the REASON, of the public would sit in judgment. But it is the reason, alone, of the public, that ought to control and regulate the government. The passions ought to be controlled and regulated by the government.
We found in the last paper, that mere declarations in the written constitution are not sufficient to restrain the several departments within their legal rights. It appears in this, that occasional appeals to the people would be neither a proper nor an effectual provision for that purpose. How far the provisions of a different nature contained in the plan above quoted might be adequate, I do not examine. Some of them are unquestionably founded on sound political principles, and all of them are framed with singular ingenuity and precision.
PUBLIUS

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Friday, March 14, 2014

Beyond Good and Evil, by; Friedrich Nietzsche, Free eBook

English: The School of Athens (detail). Fresco...
English: The School of Athens (detail). Fresco, Stanza della Segnatura, Palazzi Pontifici, Vatican. (Photo credit: Wikipedia)


Beyond Good And Evil, Nietzsche Free eBook from Chuck Thompson

SUPPOSING that Truth is a woman—what then? Is there not ground for suspecting that all philosophers, in so far as they have been dogmatists, have failed to understand women—that the terrible seriousness and clumsy importunity with which they have usually paid their addresses to Truth, have been unskilled and unseemly methods for winning a woman? Certainly she has never allowed herself to be won; and at present every kind of dogma stands with sad and discouraged mien—IF, indeed, it stands at all! For there are scoffers who maintain that it has fallen, that all dogma lies on the ground—nay more, that it is at its last gasp. But to speak seriously, there are good grounds for hoping that all dogmatizing in philosophy, whatever solemn, whatever conclusive and decided airs it has assumed, may have been only a noble puerilism and tyronism; and probably the time is at hand when it will be once and again understood WHAT has actually sufficed for the basis of such imposing and absolute philosophical edifices as the dogmatists have hitherto reared: perhaps some popular superstition of immemorial time (such as the soul-superstition, which, in the form of subject- and ego-superstition, has not yet ceased doing mischief): perhaps some play upon words, a deception on the part of grammar, or an audacious generalization of very restricted, very personal, very human—all-too-human facts. 

The philosophy of the dogmatists, it is to be hoped, was only a promise for thousands of years afterwards, as was astrology in still earlier times, in the service of which probably more labour, gold, acuteness, and patience have been spent than on any actual science hitherto: we owe to it, and to its "super-terrestrial" pretensions in Asia and Egypt, the grand style of architecture. It seems that in order to inscribe themselves upon the heart of humanity with everlasting claims, all great things have first to wander about the earth as enormous and awe-inspiring caricatures: dogmatic philosophy has been a caricature of this kind—for instance, the Vedanta doctrine in Asia, and Platonism in Europe. Let us not be ungrateful to it, although it must certainly be confessed that the worst, the most tiresome, and the most dangerous of errors hitherto has been a dogmatist error—namely, Plato's invention of Pure Spirit and the Good in Itself. 

But now when it has been surmounted, when Europe, rid of this nightmare, can again draw breath freely and at least enjoy a healthier—sleep, we, WHOSE DUTY IS WAKEFULNESS ITSELF, are the heirs of all the strength which the struggle against this error has fostered. It amounted to the very inversion of truth, and the denial of the PERSPECTIVE—the fundamental condition—of life, to speak of Spirit and the Good as Plato spoke of them; indeed one might ask, as a physician: "How did such a malady attack that finest product of antiquity, Plato? Had the wicked Socrates really corrupted him? Was Socrates after all a corrupter of youths, and deserved his hemlock?" But the struggle against Plato, or—to speak plainer, and for the "people"—the struggle against the ecclesiastical oppression of millenniums of Christianity (FOR CHRISTIANITY IS PLATONISM FOR THE "PEOPLE"), produced in Europe a magnificent tension of soul, such as had not existed anywhere previously; with such a tensely strained bow one can now aim at the furthest goals. As a matter of fact, the European feels this tension as a state of distress, and twice attempts have been made in grand style to unbend the bow: once by means of Jesuitism, and the second time by means of democratic enlightenment—which, with the aid of liberty of the press and newspaper-reading, might, in fact, bring it about that the spirit would not so easily find itself in "distress"! (The Germans invented gunpowder—all credit to them! but they again made things square—they invented printing.) But we, who are neither Jesuits, nor democrats, nor even sufficiently Germans, we GOOD EUROPEANS, and free, VERY free spirits—we have it still, all the distress of spirit and all the tension of its bow! And perhaps also the arrow, the duty, and, who knows? THE GOAL TO AIM AT....

Sils Maria Upper Engadine, JUNE, 1885.
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