Would the Founders Have Recognized GOP Arguments Against Trump’s Removal?

Impeachment Image

As we enter the 2020 election season I have been trying to do more writing for local and regional outlets here in Pennsylvania. This morning I have an op-ed on the impeachment trial at LNP/Lancaster On-Line (formerly Intelligencer Journal-Lancaster New Era).  Here is a taste:

Other Republican senators, including Lamar Alexander of Tennessee, Susan Collins of Maine, Lisa Murkowski of Alaska, Ben Sasse of Nebraska, and Pennsylvania’s own Pat Toomey, argued that Trump’s phone call with the Ukrainian president was “inappropriate,” but did not rise to the level of impeachment.

This last group of senators justified their acquittal votes in two ways.

First, some of them argued that the Founding Fathers would have opposed a partisan impeachment. (No House Republicans supported impeachment.)

This is not true.

In Federalist Paper No. 65, Alexander Hamilton, one of the most prolific defenders of the Constitution during the ratification debates of 1787-1788, predicted that impeachments would always be political. As a result, the Senate should always proceed with caution, prudence and wisdom.

Moreover, the framers of the Constitution would never have referred to an impeachment trial as “bipartisan,” since at the time of its writing there were no political parties in the United States.

The second way that this cohort of Republican senators justified their acquittal vote was by claiming that “the people” should decide whether Trump should be removed from office and this should be done when they cast their ballots during the November presidential election.

The Founding Fathers would not have recognized such an argument.

Read the entire piece here.

Some Context for Adam Schiff’s Hamilton Quote

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Adam Schiff opened the first day of arguments in the Trump impeachment trial with a quote from an enclosure in an August 18, 1792 letter from Alexander Hamilton to George Washington.  His choice of texts is getting a lot of attention today.

Hamilton’s enclosure was part of his reply to a July 29, 1792 letter from Washington.
While the president was home at Mount Vernon he heard from fellow Virginians (probably George Mason and Thomas Jefferson) who were critical of the way the Federalist administration was conducting policy and interpreting the Constitution.  Washington asked Hamilton to respond to twenty-one popular criticisms of the Federalist-controlled government.

Washington’s criticism No. 14 read: “That the ultimate object of all this is to prepare the way for a change, from the present republican form of Government, to that of a monarchy; of which the British Constitution is to be the model.”

This was a pretty common Anti-Federalist critique.  It was also common among the members of the Jeffersonian opposition to the Federalist administration after ratification in 1789.  These men believed that the Constitution gave too much power to the national government and relied too heavily upon British political customs.  They feared that Washington, Adams (VP), Hamilton (Secretary of the Treasury), and the members of the Federalist-controlled Congress would replace the President of the United States with some form of monarchy.

These Jeffersonian fears are understandable.  Washington often acted like a king.  And everyone knew that Hamilton was an Anglophile.  During the Constitution Convention Hamilton argued that the newly created executive should have a life term.  This, he believed, was the only way of maintaining order and preventing the people from having too much power.  James Madison, who summarized Hamilton’s six-hour speech at the Constitutional Convention, wrote:

As to the Executive, it seemed to be admitted that no good one could be established on Republican principles.  Was not this giving up the merits on this subject.  The Hereditary interest of the King was so interwoven with that of the Nation, and his personal emoluments so great, that he was placed above the danger of being corrupted from abroad–and at the same time was both sufficiently independence at home, one of the weak sides of Republicans was their being liable to foreign influence & corruption.  Men of little character, acquiring great power become easily the tools of intemedling Neibours, Sweden was a striking instance.  The French & English had each their parties during the late Revolution which was effected by the predominant influence of the former.  What is the inference from all these observations?  That we ought to go as far in order to attain stability and permanency, as republican principles will admit.  Let one branch of the Legislature hold their places for life or at least during good behaviour.  Let the executive also be for life.

Of course Hamilton’s ideas were not adopted. The framers decided that the executive would serve a four-year term. But some thought Hamilton had not fully abandoned his earlier commitment to an executive for life.

Below is an excerpt from Hamilton’s response to George Washington  Hamilton argues that Jeffersonian worries about the Federalists turning the presidency into a monarchy are absurd. The real threat of tyranny is not the current administration and its policies, but the possibility that a leader might emerge who would tap into the passions of the people.  I have highlighted the passage used by Adam Schiff this afternoon.

The idea of introducing a monarchy or aristocracy into this Country, by employing the influence and force of a Government continually changing hands, towards it, is one of those visionary things, that none but madmen could meditate and that no wise men will believe.

If it could be done at all, which is utterly incredible, it would require a long series of time, certainly beyond the life of any individual to effect it. Who then would enter into such plot? For what purpose of interest or ambition?

To hope that the people may be cajoled into giving their sanctions to such institutions is still more chimerical. A people so enlightened and so diversified as the people of this Country can surely never be brought to it, but from convulsions and disorders, in consequence of the acts of popular demagogues.

The truth unquestionably is, that the only path to a subversion of the republican system of the Country is, by flattering the prejudices of the people, and exciting their jealousies and apprehensions, to throw affairs into confusion, and bring on civil commotion. Tired at length of anarchy, or want of government, they may take shelter in the arms of monarchy for repose and security.

Those then, who resist a confirmation of public order, are the true Artificers of monarchy—not that this is the intention of the generality of them. Yet it would not be difficult to lay the finger upon some of their party who may justly be suspected. When a man unprincipled in private life desperate in his fortune, bold in his temper, possessed of considerable talents, having the advantage of military habits—despotic in his ordinary demeanour—known to have scoffed in private at the principles of liberty—when such a man is seen to mount the hobby horse of popularity—to join in the cry of danger to liberty—to take every opportunity of embarrassing the General Government & bringing it under suspicion—to flatter and fall in with all the non sense of the zealots of the day—It may justly be suspected that his object is to throw things into confusion that he may “ride the storm and direct the whirlwind…”

The truth unquestionably is, that the only path to a subversion of the republican system of the Country is, by flattering the prejudices of the people, and exciting their jealousies and apprehensions, to throw affairs into confusion, and bring on civil commotion. Tired at length of anarchy, or want of government, they may take shelter in the arms of monarchy for repose and security.

Hamilton is saying that the real threat to republicanism is a populist demagogue.  You can see why Schiff thought this passage was appropriate for an impeachment trial.

What Did the Founding Fathers Say About Impeachment?

House Managers

House managers in the impeachment trial of President Donald Trump filed their brief to the Senate today.  The brief describes Trump’s behavior with Ukraine “the Framers’ worst nightmare.”

So what did the Framers of the United States Constitution say about impeachment?

Here is a nice summary from the United States Constitution Center:

One of the most hotly debated clauses in the Constitution deals with the removal of federal government officials through the impeachment process. But what did the Founders who crafted that language think about the process and its overall intention?

The need for the ultimate check, and in particular the removal of the President, in a system of checks and balances was brought up early at the 1787 convention in Philadelphia. Constitutional heavyweights such as James Madison, Benjamin Franklin, James Wilson and Gouverneur Morris debated the Impeachment Clause at the convention, and Alexander Hamilton argued for it in The Federalist after the convention.

Today, impeachment remains as a rarely used process to potentially remove the “President, Vice President and all civil Officers of the United States” if Congress finds them guilty of “Treason, Bribery, or other high Crimes and Misdemeanors.”

In all, 19 federal officials have been brought up on impeachment charges by the House of Representatives since 1789, with eight people convicted after a Senate trial. Two Presidents – Andrew Johnson and Bill Clinton – faced Senate trials but were not found guilty by a two-thirds majority of the Senate.

The threat of impeachment remains a power check, at least in theory, against the abuse of power, and it is sometimes discussed in times of political controversy, as well as in cases where there is a clear issue with personal conduct in office. Of the eight persons impeached and convicted in Congress, all were judges who faced charges including perjury, tax evasion, bribery, and in one case, supporting the Confederacy.

At the 1787 convention, delegate Edmund Randolph quickly brought up the subject as part of his Virginia Plan. William Patterson’s rival New Jersey Plan had its own impeachment clause. National Constitution Center scholar-in-residence Michael Gerhardt explained the differences in his book, “The Federal Impeachment Process: A Constitutional and Historical Analysis.”

Read the rest here.

Out of the Zoo: Why I Cried in History Class

hamilton curtain callAnnie Thorn is a sophomore history major from Kalamazoo, Michigan and our intern here at The Way of Improvement Leads Home.  As part of her internship she is writing a weekly column titled “Out of the Zoo.”  It focuses on life as a history major at a small liberal arts college.  In this dispatch, Annie reflects powerfully on the last day of her class on Alexander Hamilton. –JF

Anyone who knows me well knows that it doesn’t take much to make me cry. I shed tears during movies, musicals, worship sets and everything in between. I keep tissues close by at funerals and weddings alike, or if I know I’m going to be laughing really hard. If I’m anxious or overwhelmed, or if someone else is tearing up, I usually cry then too. 

When I took my seat in Frey 241 for the last day of my “Age of Hamilton” class though, I definitely did not expect to be crying by the end. When I entered the room that mid-December morning, the air was thick with excitement. Most of us history majors had finished all of our big assignments for the term, so we could practically taste Christmas break. My friend Chloe chatted excitedly about classmates’ Hamilton research papers, persuading them to let her read their essays in the coming weeks. Even though the fall semester was drawing to a close, Chloe and many others in the class were still hungry to learn everything they could about Alexander Hamilton and the world in which he lived. After wrapping up our discussion of Hamilton’s duel with Aaron Burr at the beginning of the period, Professor Fea launched into a final lecture designed to bring closure to the fifteen-week class. 

Fea, who played the Hamilton soundtrack frequently throughout the course to complement his lectures, thought it would be fitting to finish the semester with the musical’s last song, “Who Lives, Who Dies, Who Tells Your Story.” That’s what we historians do, Professor Fea explained to the class. We tell people’s stories. We’re in constant communication with our own world and worlds gone by. No one is around forever, but we as historians make sure they’re remembered once they’re gone. It is our right, and it is our duty. 

Professor Fea pulled up the lyric video for “Who Lives, Who Dies, Who Tells Your Story” on the projector screen, and the class sat in rare stillness as we watched Lin Manuel Miranda’s words flicker by. It’s impossible to capture the beauty of the song in a few words, but the ballad features several familiar characters voicing their respect for Hamilton and the financial system he created. Hamilton’s wife Eliza steps forward and reveals that she outlived her husband by fifty years. She recounts all the things she’s done to preserve Alexander’s legacy, and even laments that she still may not have done enough. All the while, the ensemble repeatedly voices the song’s title phrase: “Who lives, who dies, who tells your story?”

The students who usually spouted-off Hamilton lyrics with passionate fervor were subdued and somber, singing along quietly. I even heard a few lower voices chiming in from the cluster of boys who usually congregated in the back of the room. I hummed along too, thinking about the lyrics–which alone are enough to bring me to tears–and Professor Fea’s speech a few minutes earlier. I thought about the people’s stories I’ve heard, the one’s I’ve shared myself, and all of those that have yet to be uncovered. In those three and a half minutes I was reminded of how grateful I am to give a voice to the voiceless, and how blessed I will be to teach my students to do the same someday. After blinking away a couple joyful tears, I thanked God for giving me this vocation, this duty to tell people’s stories for the rest of my life. 

Sometimes in the midst of final papers and exams I can forget what an important job historians have. We live, we die, but in the meantime we tell people’s stories. We make sure they’re not forgotten. What a beautiful privilege we have.

What to Expect at the “Evangelicals for Trump” Rally. (Or the People are Always Right).

God's megachurch

Trump will be at a Hispanic Pentecostal megachurch in Miami tomorrow afternoon for an “Evangelicals for Trump” rally.  There has not been a whole lot of details released about who will be present at the event or what Trump will say, but I think we can expect a lot of contractual language.  In other words, Trump will remind evangelicals about his Supreme Court nominations, his pro-life views on abortion, his defense of religious liberty, and his support for Israel and then he will ask evangelicals to vote for him in 2020.  I am expecting that there will be some digs at the Democratic candidates and Christianity Today magazine.

I will be on NBC News Now (live stream) with Alison Morris around 3:15pm tomorrow (January 3rd) to talk about the event.  Trump is scheduled to speak in Miami at 5:00pm.

Court evangelical Robert Jeffress will be in Miami for the event.  He talked about his appearance earlier today on the Todd Starnes Radio Show.  Jeffress makes no bones about the fact that the “Evangelicals for Trump” event is a response to Mark Galli’s Christianity Today editorial calling for Trump’s removal from office.

Starnes mentions “a couple of professors from Oklahoma Baptist University who have been bashing President Trump and his supporters.” (I am guessing that this is a reference Matt Arbo and Alan Noble).  Starnes also references Wayne Grudem’s response to Christianity Today and calls is “terrific.”  He also brings up Beth Moore’s criticism of Trump.  Here is Jeffress’s response: “[Sarcastic laugh] These people are losing such credibility and its very obvious one motivating reason as to why they are against Trump is that they were wrong about Trump and their pride won’t allow them to admit that.”  Jeffress goes on: “It’s those ivory tower elites that just don’t get it….”

I am continually amazed at how this has now turned into a class-based war on “elites.” The assumption is that what “the people” want is always morally correct.  There is some truth to this idea.  This is why many of our founding fathers feared the growth of democracy.  After all, in a democracy 51% becomes the highest moral good.

Let’s remember that the opponents of slavery were “out of touch” with the majority of people of the South in the 1850s.  Martin Luther King was also “out of touch” with the majority of people living in the South in the 1950s and 1960s.  And Andrew Jackson was “in touch” with the people (white males Democratic voters who wanted to settle on Indian lands) when he sent the Cherokee on the “Trail of Tears.”

This morning I was reading Alexander Hamilton’s June 1787 speech at the Constitutional Convention as recorded by Robert Yates.  A taste:

The voice of the people has been said to  be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact.  The people are turbulent and changing; they seldom judge or determine right.  Give therefore to the first class a distinct permanent share in the government.  They will check the unsteadiness of the second, and as they cannot receive any advantage by a change, they therefore will ever maintain good government.  Can a democratic assembly, who annually revolve in the mass of the people, be supposed steadily  to pursue the public good?   Nothing but a permanent body can check the imprudence of democracy.  Their turbulent  and uncontrouling disposition requires checks.

Sometimes I wonder if Hamilton may have been right.

Trump’s Lawyer Writes to Jerry Nadler

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Speaker of the House Nancy Pelosi announcing that the House will move forward with the impeachment of Donald Trump

Yesterday Donald Trump’s White House lawyer Pat Cipollone sent a letter to Jerry Nadler, chair of the House Judiciary Committee.  Here it is:

Dear Chairman Nadler:

As you know, your impeachment inquiry is completely baseless and has violated basic principles of due process and fundamental fairness. Nevertheless, the Speaker of the House yesterday ordered House Democrats to proceed with articles of impeachment before your Committee has heard a single shred of evidence.

House Democrats have wasted enough of America’s time with this charade. You should end this inquiry now and not waste even more time with additional hearings. Adopting articles of impeachment would be a reckless abuse of power by House Democrats, and would constitute the most unjust, highly partisan, and unconstitutional attempt at impeachment in our Nation’s history. Whatever course you choose, as the President has recently stated: “if you are going to impeach me, do it now, fast, so we can have a fair trial in the Senate, and so that our Country can get back to business.”

Several thoughts:

1.  House Democrats have heard plenty of evidence.  The suggestion that there is not a “single shred of evidence” is disingenuous.  It actually sounds like Trump wrote that sentence.  Moreover, this impeachment is not “baseless.”  Even Jonathan Turley, the GOP-chosen lawyer who testified earlier this week, agreed that there were things uncovered by the hearings that needed to be explored more fully.  But how can the House go any further when Trump won’t let people like Bolton, Pompeo, Giuliani, and others testify?  This is obstruction of justice.  Last time I checked, obstruction of justice was a crime.

2. While Cippolino is technically right when he says that “House Democrats” are impeaching Trump, it is actually the House of Representatives as a body that will impeach the president. The Constitution says that the House of Representatives have “the sole power of impeachment.”  It does not say that “House Democrats” or “House Republicans” have the power of impeachment.  There will be a vote and the results of that vote will represent the will of the House of Representatives on impeachment.   Plain and simple.

Many pro-Trumpers are saying that the impeachment process is undermining or delegitimizing the 2016 election.  There are many, many problems with such a suggestion.  For example, if you want to talk about undermining elections, one could say that such a belief undermines the midterm elections of 2018.  Let’s face it, in November 2018 the people spoke.  Now the member of the House of Representatives who were elected by the people are doing what they think is best for the republic.

3.  Cippolino complains that this impeachment is the most partisan impeachment in U.S. history.  However we rank the level of partisanship in this impeachment, it is important to remember that partisanship characterized the Johnson and Clinton impeachment as well as the attempt to impeach Nixon. Hamilton even commented on the partisan nature of impeachment in Federalist 65.  I encourage you to read it.

4. Cippolino says that the impeachment of Trump is “unconstitutional.”  This is impossible.  All impeachments are constitutional. The House always has the constitutional right to impeach the president.  It is part of their job description.

5. Let’s face it,  Donald Trump will be the third U.S. president to be impeached.  He will join Andrew Johnson and Bill Clinton in the history books.  He will be named in future classroom lectures and multiple choice tests.  There will be no asterisk next to his name.  Whether or not he is removed from office or not, this will be his legacy.

American History Finds Its Way Into the Impeachment Report

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 Alexander Hamilton

Read it the entire impeachment report here. A taste (in bold):

The Framers of the Constitution well understood that an individual could one day occupy the Office of the President who would place his personal or political interests above those of the nation. Having just won hard-fought independence from a King with unbridled authority, they were attuned to the dangers of an executive who lacked fealty to the law and the Constitution. 

Here is Alexander Hamilton in Federalist 75:

But a man raised from the station of a private citizen to the rank of chief magistrate, possessed of a moderate or slender fortune, and looking forward to a period not very remote when he may probably be obliged to return to the station from which he was taken, might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand. An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents. 

In response, the Framers adopted a tool used by the British Parliament for several hundred years to constrain the Crown—the power of impeachment. Unlike in Britain, where impeachment was typically reserved for inferior officers but not the King himself, impeachment in our untested democracy was specifically intended to serve as the ultimate form of accountability for a duly-elected President. Rather than a mechanism to overturn an election, impeachment was explicitly contemplated as a remedy of last resort for a president who fails to faithfully execute his oath of office “to preserve, protect and defend the Constitution of the United States.”

Accordingly, the Constitution confers the power to impeach the president on Congress, stating that the president shall be removed from office upon conviction for “Treason, Bribery, or other high Crimes and Misdemeanors.” While the Constitutional standard for removal from office is justly a high one, it is nonetheless an essential check and balance on the authority of the occupant of the Office of the President, particularly when that occupant represents a continuing threat to our fundamental democratic norms, values, and laws.

Alexander Hamilton explained that impeachment was not designed to cover only criminal violations, but also crimes against the American people. “The subjects of its jurisdiction,” Hamilton wrote, “are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.”

This comes from Federalist 65.  Read it here.

Similarly, future Associate Justice of the United States Supreme Court James Wilson, a delegate from Pennsylvania at the Constitutional Convention, distinguished impeachable offenses from those that reside “within the sphere of ordinary jurisprudence.” As he noted, “impeachments are confined to political characters, to political crimes and misdemeanors, and to political punishments.”

This paragraph comes from James Wilson‘s “Lectures on Law.”

Wilson James

James Wilson

 

Today’s Quote from the Federalist Papers

From Alexander Hamilton in Federalist 75:

However proper or safe it may be in governments where the executive magistrate is an hereditary monarch, to commit to him the entire power of making treaties, it would be utterly unsafe and improper to intrust that power to an elective magistrate of four years’ duration. It has been remarked, upon another occasion, and the remark is unquestionably just, that an hereditary monarch, though often the oppressor of his people, has personally too much stake in the government to be in any material danger of being corrupted by foreign powers. But a man raised from the station of a private citizen to the rank of chief magistrate, possessed of a moderate or slender fortune, and looking forward to a period not very remote when he may probably be obliged to return to the station from which he was taken, might sometimes be under temptations to sacrifice his duty to his interest, which it would require superlative virtue to withstand. An avaricious man might be tempted to betray the interests of the state to the acquisition of wealth. An ambitious man might make his own aggrandizement, by the aid of a foreign power, the price of his treachery to his constituents. The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States

Out of the Zoo: Hamilton’s Deathbed Conversion

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Alexander Hamilton’s grave in Trinity Church Cemetery.

Annie Thorn is a sophomore history major from Kalamazoo, Michigan and our intern here at The Way of Improvement Leads Home.  As part of her internship she is writing a weekly column titled “Out of the Zoo.”  It focuses on life as a history major at a small liberal arts college.  In this dispatch, Annie writes about her paper on Alexander Hamilton’s religious faith. –JF

My “Age of Hamilton” class is well into its second act. After taking a couple weeks to discuss the musical Hamilton, we took a deep dive into the life of America’s 10-dollar founding father. We started off the semester discussing Hamilton’s childhood in the West Indies and his education in New Jersey and New York. Next we paraded through the Revolutionary war alongside Alexander.  Then we discussed his contributions to the Constitution—at the Constitutional Convention and through the 51 Federalist papers that he wrote. At long last we’ve reached what seems to be the pinnacle of the course—Hamilton’s stint as the first secretary of the treasury—and soon enough we will come to Weehawken New Jersey, the stage of his fatal duel with Aaron Burr.

As “Age of Hamilton” reaches its close in the next month or so, my classmates and I will be striving to finish our lengthy research papers for the course. As we scramble to gather sources and organize our thoughts for the assignment, we surely have gained a new understanding of the question Hamilton repeatedly poses: “Why do you write like you’re running out of time?” Nonetheless, our minds are “at work” as we seek to flesh out various aspects of Alexander Hamilton’s life.

As you can imagine, the topics my classmates and I are pursuing for this assignment are quite diverse. My friend Chloe is researching Hamilton’s relationship with fellow revolutionary John Laurens. Another fellow history major is writing on Hamilton’s role in the Battle of Monmouth. My roommate Rachel is learning about 18th-century courtship for her paper, and several more classmates are researching the Reynolds Affair. While all of these potential topics intrigued me, I decided to take the semester to inquire into Alexander Hamilton’s religious faith.

My paper thus far is centered around Hamilton’s “deathbed conversion,” an event which, even after hours of research, still fascinates me. I’ve recently discovered that a large portion of Hamilton’s career was characterized by the apparent absence of religious devotion. Yet, at the end of his life, after a fatal shot through the abdomen from the pistol of Aaron Burr, Hamilton asked multiple times to receive communion from his deathbed. Hamilton first requested the sacraments from Episcopal bishop Reverend Benjamin Moore, who denied Hamilton’s wishes because he did not condone the practice of dueling.  Hamilton then turned to Presbyterian minister John Mason, who, like Moore, also refused. After some time though, Reverend Moore returned to Hamilton’s bedside and obliged to administer communion.

As I worked on this project over the weekend, I’ve realized there is still much work to do. I’ve researched and written some about Hamilton’s exposure to religion throughout his life, and have continued my inquiry into his “deathbed conversion.” Yet, at this point I am left with more questions than answers. What did Hamilton really believe about God? Why were the sacraments so important to him that he still desired them even after being turned down twice? Where will Hamilton spend eternity? Surely not all of these questions belong in my paper, but my research has led me to ask them nonetheless. As I seek solutions to some of these questions, I’m starting to realize that most will not be so easily answered. Some people living today cannot even articulate what they believe about God; therefore it’s no easy task to do the same for someone who died over 200 years ago. Thus, I will try my best to tread carefully, to keep my eyes open, and to do justice to the complexity that defined every aspect of Hamilton’s life, religious and otherwise.

Federalist 65

Context

To the People of the State of New York:

THE remaining powers which the plan of the convention allots to the Senate, in a distinct capacity, are comprised in their participation with the executive in the appointment to offices, and in their judicial character as a court for the trial of impeachments. As in the business of appointments the executive will be the principal agent, the provisions relating to it will most properly be discussed in the examination of that department. We will, therefore, conclude this head with a view of the judicial character of the Senate.

A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained in a government wholly elective. The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself. The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused. In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.

The delicacy and magnitude of a trust which so deeply concerns the political reputation and existence of every man engaged in the administration of public affairs, speak for themselves. The difficulty of placing it rightly, in a government resting entirely on the basis of periodical elections, will as readily be perceived, when it is considered that the most conspicuous characters in it will, from that circumstance, be too often the leaders or the tools of the most cunning or the most numerous faction, and on this account, can hardly be expected to possess the requisite neutrality towards those whose conduct may be the subject of scrutiny.

The convention, it appears, thought the Senate the most fit depositary of this important trust. Those who can best discern the intrinsic difficulty of the thing, will be least hasty in condemning that opinion, and will be most inclined to allow due weight to the arguments which may be supposed to have produced it.

What, it may be asked, is the true spirit of the institution itself? Is it not designed as a method of NATIONAL INQUEST into the conduct of public men? If this be the design of it, who can so properly be the inquisitors for the nation as the representatives of the nation themselves? It is not disputed that the power of originating the inquiry, or, in other words, of preferring the impeachment, ought to be lodged in the hands of one branch of the legislative body. Will not the reasons which indicate the propriety of this arrangement strongly plead for an admission of the other branch of that body to a share of the inquiry? The model from which the idea of this institution has been borrowed, pointed out that course to the convention. In Great Britain it is the province of the House of Commons to prefer the impeachment, and of the House of Lords to decide upon it. Several of the State constitutions have followed the example. As well the latter, as the former, seem to have regarded the practice of impeachments as a bridle in the hands of the legislative body upon the executive servants of the government. Is not this the true light in which it ought to be regarded?

Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent? What other body would be likely to feel CONFIDENCE ENOUGH IN ITS OWN SITUATION, to preserve, unawed and uninfluenced, the necessary impartiality between an INDIVIDUAL accused, and the REPRESENTATIVES OF THE PEOPLE, HIS ACCUSERS?

Could the Supreme Court have been relied upon as answering this description? It is much to be doubted, whether the members of that tribunal would at all times be endowed with so eminent a portion of fortitude, as would be called for in the execution of so difficult a task; and it is still more to be doubted, whether they would possess the degree of credit and authority, which might, on certain occasions, be indispensable towards reconciling the people to a decision that should happen to clash with an accusation brought by their immediate representatives. A deficiency in the first, would be fatal to the accused; in the last, dangerous to the public tranquillity. The hazard in both these respects, could only be avoided, if at all, by rendering that tribunal more numerous than would consist with a reasonable attention to economy. The necessity of a numerous court for the trial of impeachments, is equally dictated by the nature of the proceeding. This can never be tied down by such strict rules, either in the delineation of the offense by the prosecutors, or in the construction of it by the judges, as in common cases serve to limit the discretion of courts in favor of personal security. There will be no jury to stand between the judges who are to pronounce the sentence of the law, and the party who is to receive or suffer it. The awful discretion which a court of impeachments must necessarily have, to doom to honor or to infamy the most confidential and the most distinguished characters of the community, forbids the commitment of the trust to a small number of persons.

These considerations seem alone sufficient to authorize a conclusion, that the Supreme Court would have been an improper substitute for the Senate, as a court of impeachments. There remains a further consideration, which will not a little strengthen this conclusion. It is this: The punishment which may be the consequence of conviction upon impeachment, is not to terminate the chastisement of the offender. After having been sentenced to a prepetual ostracism from the esteem and confidence, and honors and emoluments of his country, he will still be liable to prosecution and punishment in the ordinary course of law. Would it be proper that the persons who had disposed of his fame, and his most valuable rights as a citizen in one trial, should, in another trial, for the same offense, be also the disposers of his life and his fortune? Would there not be the greatest reason to apprehend, that error, in the first sentence, would be the parent of error in the second sentence? That the strong bias of one decision would be apt to overrule the influence of any new lights which might be brought to vary the complexion of another decision? Those who know anything of human nature, will not hesitate to answer these questions in the affirmative; and will be at no loss to perceive, that by making the same persons judges in both cases, those who might happen to be the objects of prosecution would, in a great measure, be deprived of the double security intended them by a double trial. The loss of life and estate would often be virtually included in a sentence which, in its terms, imported nothing more than dismission from a present, and disqualification for a future, office. It may be said, that the intervention of a jury, in the second instance, would obviate the danger. But juries are frequently influenced by the opinions of judges. They are sometimes induced to find special verdicts, which refer the main question to the decision of the court. Who would be willing to stake his life and his estate upon the verdict of a jury acting under the auspices of judges who had predetermined his guilt?

Would it have been an improvement of the plan, to have united the Supreme Court with the Senate, in the formation of the court of impeachments? This union would certainly have been attended with several advantages; but would they not have been overbalanced by the signal disadvantage, already stated, arising from the agency of the same judges in the double prosecution to which the offender would be liable? To a certain extent, the benefits of that union will be obtained from making the chief justice of the Supreme Court the president of the court of impeachments, as is proposed to be done in the plan of the convention; while the inconveniences of an entire incorporation of the former into the latter will be substantially avoided. This was perhaps the prudent mean. I forbear to remark upon the additional pretext for clamor against the judiciary, which so considerable an augmentation of its authority would have afforded.

Would it have been desirable to have composed the court for the trial of impeachments, of persons wholly distinct from the other departments of the government? There are weighty arguments, as well against, as in favor of, such a plan. To some minds it will not appear a trivial objection, that it could tend to increase the complexity of the political machine, and to add a new spring to the government, the utility of which would at best be questionable. But an objection which will not be thought by any unworthy of attention, is this: a court formed upon such a plan, would either be attended with a heavy expense, or might in practice be subject to a variety of casualties and inconveniences. It must either consist of permanent officers, stationary at the seat of government, and of course entitled to fixed and regular stipends, or of certain officers of the State governments to be called upon whenever an impeachment was actually depending. It will not be easy to imagine any third mode materially different, which could rationally be proposed. As the court, for reasons already given, ought to be numerous, the first scheme will be reprobated by every man who can compare the extent of the public wants with the means of supplying them. The second will be espoused with caution by those who will seriously consider the difficulty of collecting men dispersed over the whole Union; the injury to the innocent, from the procrastinated determination of the charges which might be brought against them; the advantage to the guilty, from the opportunities which delay would afford to intrigue and corruption; and in some cases the detriment to the State, from the prolonged inaction of men whose firm and faithful execution of their duty might have exposed them to the persecution of an intemperate or designing majority in the House of Representatives. Though this latter supposition may seem harsh, and might not be likely often to be verified, yet it ought not to be forgotten that the demon of faction will, at certain seasons, extend his sceptre over all numerous bodies of men.

But though one or the other of the substitutes which have been examined, or some other that might be devised, should be thought preferable to the plan in this respect, reported by the convention, it will not follow that the Constitution ought for this reason to be rejected. If mankind were to resolve to agree in no institution of government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert. Where is the standard of perfection to be found? Who will undertake to unite the discordant opinions of a whole commuity, in the same judgment of it; and to prevail upon one conceited projector to renounce his INFALLIBLE criterion for the FALLIBLE criterion of his more CONCEITED NEIGHBOR? To answer the purpose of the adversaries of the Constitution, they ought to prove, not merely that particular provisions in it are not the best which might have been imagined, but that the plan upon the whole is bad and pernicious.

PUBLIUS.

Source

For more context I recommend this book.

Chernow: Alexander Hamilton Would Have Endorsed the Impeachment of Trump

2b571-hamiltonHamilton biographer Ron Chernow weighs-in on impeachment at The Washington Post.  Here is a taste:

President Trump has described the impeachment proceedings as a “coup,” and his White House counsel has termed them “unconstitutional.” This would come as a surprise to Alexander Hamilton, who wrote not only the 11 essays in “The Federalist” outlining and defending the powers of the presidency, but also the two essays devoted to impeachment.

There seems little doubt, given his writings on the presidency, that Hamilton would have been aghast at Trump’s behavior and appalled by his invitation to foreign actors to meddle in our elections. As a result, he would most certainly have endorsed the current impeachment inquiry. It’s not an exaggeration to say that Trump embodies Hamilton’s worst fears about the kind of person who might someday head the government.

Among our founders, Hamilton’s views count heavily because he was the foremost proponent of a robust presidency, yet he also harbored an abiding fear that a brazen demagogue could seize the office. That worry helps to explain why he analyzed impeachment in such detail: He viewed it as a crucial instrument to curb possible abuses arising from the enlarged powers he otherwise championed.

Read the rest here.

“My Folly makes me ashamd and I beg you’ll Conceal it”

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I love teaching this letter.  In his first extant piece of writing, Alexander Hamilton writes from St. Croix to his childhood friend Edward Stevens in New York City.  He reveals his ambitions, but is ashamed that he has them.  There is a lot to unpack here.  It also works very well when paired with Hamilton’s reflection on the 1771 St. Croix hurricane.

Dear Edward,

 

This just serves to acknowledge receipt of yours per Cap Lowndes which was delivered me Yesterday. The truth of Cap Lightbourn & Lowndes information is now verifyd by the Presence of your Father and Sister for whose safe arrival I Pray, and that they may convey that Satisfaction to your Soul that must naturally flow from the sight of Absent Friends in health, and shall for news this way refer you to them. As to what you say respecting your having soon the happiness of seeing us all, I wish, for an accomplishment of your hopes provided they are Concomitant with your welfare, otherwise not, tho doubt whether I shall be Present or not for to confess my weakness, Ned, my Ambition is prevalent that I contemn the grov’ling and condition of a Clerk or the like, to which my Fortune &c. condemns me and would willingly risk my life tho’ not my Character to exalt my Station. Im confident, Ned that my Youth excludes me from any hopes of immediate Preferment nor do I desire it, but I mean to prepare the way for futurity. Im no Philosopher you see and may be jusly said to Build Castles in the Air. My Folly makes me ashamd and beg youll Conceal it, yet Neddy we have seen such Schemes successfull when the Projector is Constant I shall Conclude saying I wish there was a War.

Yours

Alex Hamilton

Out of the Zoo: “The Age of Hamilton”

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English major Rachel Hungerford, theater major Brooklyn Duttweiler, and history major Chloe Kauffman strike a signature Schuyler sisters pose before “Age of Hamilton” on Monday.

Annie Thorn is a sophomore history major from Kalamazoo, Michigan and our intern here at The Way of Improvement Leads Home.  As part of her internship she is writing a weekly column for us titled “Out of the Zoo.”  It focuses on life as a history major at a small liberal arts college.  In this dispatch, Annie talks about her “Age of Hamilton” class at Messiah College. 🙂  –JF

I remember the first time I listened to the Hamilton soundtrack in the fall of 2015. It was my sophomore year, and I was deep in the throes of my musical theater phase. During this unique period of my life I exclusively listened to show tunes, spent all my money on seeing musicals, and obsessed over all things Broadway. Into this era of my life entered Hamilton.

If I remember correctly, I first discovered Hamilton on Instagram when a promotional video for the show popped up on my explore page. After watching Lin Manuel Miranda and his cast of diverse founding fathers hip-hop dance across my phone screen I turned to my mom and told her excitedly, “I think there’s a new musical about Alexander Hamilton!”

I spent the entirety of the next day listening to the soundtrack non-stop. Soon enough I knew all the words by heart, and couldn’t resist bursting into song whenever someone mentioned the show or said anything that remotely reminded me of it. A year later, I even got the chance to see the musical in Chicago, the day after Donald Trump claimed the presidency (my sister wrote a reflection on our experience here). With the passage of time, though, the Hamilton lyrics I memorized gradually faded back into the recesses of my mind–that is, until I registered for Professor Fea’s “Age of Hamilton” course.

As I entered Frey 241 last Wednesday, I soon realized that “Age of Hamilton” might be the most diverse upper level history course I’ll ever take at Messiah. Usually, non-history majors and minors steer clear of challenging history classes, but this course proves an exception. While a little over half half of those I observed in class on the first day were history majors, seats were filled by students from across the academic spectrum–some were theater majors, others study English or Biblical and Religious Studies, still another is pursuing a future in athletic training. Thanks to Lin Manuel Miranda, now everyone loves Alexander Hamilton–not just the history majors. I anticipate that our class discussions will be deeply enriched by the variety of perspectives students bring to the table.

The second day of class we discussed Hamilton as a form of “people’s history.” As a preview to his lecture Professor Fea showed us a YouTube clip from the 2009 White House poetry jam, during which Lin Manuel-Miranda performed an early version of Hamilton‘s opening number. My friend Rachel and I smiled sheepishly at each other when we heard Miranda’s unique voice ring through the speakers. Immediately several students began to mouth the lyrics to each other, and soon enough the entire classroom burst into song.

It still baffles me that students from across disciplines will gather every Monday, Wednesday, and Friday to learn about the United States’ first secretary of the treasury. Who knew that, because of a musical of all things, so many people would be able to rap about Hamilton’s immigration from the West Indies to New York. Soon enough though, our class will be able to do so much more than spout off song lyrics about Alexander Hamilton. Instead, we will gain a deep and thorough understanding of who he really was. While we will certainly continue to discuss the Hamil-mania that has swept the nation, we won’t be satisfied by a staged portrayal of his existence. Rather, we will read Hamilton’s words, discuss them, and wrestle with the complexities that defined his life. This class will surely broaden all of our horizons.

“Hamilton: The Exhibition” Comes to an End in Chicago

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“Northerly Island, though, proved farther than the Hamilfans were willing to go.”

I guess the popularity of Alexander Hamilton and the musical named after him only goes so far.

Here is a taste of Chris Vire’s piece at Chicago Magazine:

Jeffrey Seller, the producer behind both the 35,000-square-foot attraction and the massively successful musical from which it spun off, said the exhibition would close August 25, two weeks before the initial end date of September 8. Tickets already sold for the final two weeks are being refunded. And plans to tour the exhibit to other cities have been scrapped, Seller told the Chicago Tribune.

In announcing the early close, producers cited traffic-snarling events that would “complicate access” to the exhibition, which is housed in a giant shed plopped in the middle of Northerly Island. Among those events: the North Coast Music Festival at Huntington Bank Pavilion on August 30 and 31 and a Bears preseason game at Soldier Field on August 29.

Neither of those events is exactly a surprise. North Coast’s move to Northerly Island from Union Park was announced in April, weeks before the Hamilton exhibition opened. And the Bears’ Thursday night matchup with the Titans isn’t even their first home game of the season; that would be next week, when they host the Panthers on August 8.

Read the entire piece here.

Alexander Hamilton Chats With John Adams

Actually, Lin-Manuel Miranda, the man who played Hamilton on Broadway, had a chat with William Daniels, the man who played John Adams in the 1969 musical 1776 (and the 1972 film). I assume that if you are reading this blog you know something about Miranda.  But you may also recognize Daniels for his role as Dr. Mark Craig on St. Elsewhere and Mr. Feeny on Boy Meets World.

Here is a taste of a Playbill-hosted conversation between the two founding fathers:

Before we get too deeply into ticketing, I want to talk a bit about 1776. Today we think of it as being in the pantheon of great musicals, but in the 1960s, the show was so unconventional that Sherman Edwards had a hard time getting it produced. “Some of the biggest [names] in the theatre,” he recalled, “looked at me and said, ‘What, a costume musical? A costume, historical musical?’” Mr. Daniels, do you remember your initial reaction to the idea?

WD: I read the script with a bunch of people at somebody’s apartment. Sherman Edwards was a former schoolteacher from New Jersey, and he had written not just the songs, but the script. It was a little stiff; I remember thinking, We’re in the middle of Vietnam, for Christ’s sake, and they’re waving the flag?I really had to be talked into doing it. At any rate, when the script came back to me, Peter Stone had taken ahold of it, and he’d gone back to the actual conversations in the Second Continental Congress. He had written them out on little cards and injected them into the script, and it made all the difference in the world. It added humor and conciseness and truth.

LMM: I love that anecdote, because it gets at something that I discovered in writing Hamilton: The truth is invariably more interesting than anything a writer could make up. That Peter Stone went back to the texts written by these guys, who were petty, brilliant, compromised—that’s more interesting than any marble saints or plaster heroes you can create. And the picture you all painted together of John Adams was so powerful; in the opening scene, he calls himself “obnoxious and disliked,” which is a real quote. We don’t have a John Adams in our show, but we can just refer to him, and everyone just pictures you, Mr. Daniels.

WD: Really?

LMM: Yeah. 1776 created such an iconic, indelible image of Adams that we just know who that is now. It’s also, I think, one of the best books—if not the best—ever written for musical theatre, in that you long to see them talk to each other. Which almost never happens in a musical. Most musicals, you’re waiting for the next song to start. That book is so smart, and so engaging.

Read the rest here.

Federalist #69 and the Mueller Report

FederalistDanielle Allen of Harvard University makes the connection in a piece at The Washington Post. Here is a taste:

The Mueller report has finally brought us face-to-face with the need to address the “delicate and important circumstance of personal responsibility” in the nation’s chief executive, as Alexander Hamilton put it in Federalist 69.

To quote the Mueller report: “The President has no more right than other citizens to impede official proceedings by corruptly influencing witness testimony.” In addition, the president bears a second burden of personal responsibility — not merely to execute the powers of his office (for instance, hiring and firing) but also to execute those powers “faithfully.”

That question of faithfulness is what Hamilton had in mind when he referred to the “delicate and important circumstance of personal responsibility.” The constitutional apparatus gave to Congress the power and responsibility of addressing that delicate matter. The most important question now before us is whether Congress will use its power — and indeed, rebuild it after a period of decline — to reinforce two core principles of the Constitution: that the president is not above the law and that he or she should be held to a standard of faithfulness.

Read the rest here.

Here is Hamilton in Federalist 69:

The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the king of Great Britain is sacred and inviolable; there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected without involving the crisis of a national revolution. In this delicate and important circumstance of personal responsibility, the President of Confederated America would stand upon no better ground than a governor of New York, and upon worse ground than the governors of Maryland and Delaware.

“Hamilton” Finds Its Way into My U.S. Survey Course

As I posted earlier this week, I am teaching a course on the “Age of Hamilton” in the Fall.  We will be discussing the history behind the Broadway musical “Hamilton” and I will be making extensive use of the soundtrack.

As I prepare the course, I have tried-out a few Hamilton songs in my United States Survey to 1865 course this semester (Spring 2019).  For example, I used the song “You’ll Be Back” to introduce my students to the deeply embedded royal culture in the colonies on the eve of the American Revolution:

We are now covering the 1790s in the course.  On Wednesday I used the soundtrack to help my students make sense of Hamilton’s debt assumption plan and the Jefferson/Madison opposition to it.  These two songs were very helpful:

I will probably use one more Hamilton song next week when I lecture about U.S. foreign policy in the late 1780s and 1790s:

Not all the “Hamilton” songs work well in a U.S. Survey course (largely because many of them are historically inaccurate), but I have found that several songs bring to life the debates between Federalists and Democratic-Republicans and help my students make sense of this material.

Trinity Church’s $6 Billion Portfolio

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Trinity Church in New York City was formed in 1697 by a small group of Anglicans. Alexander Hamilton, Eliza Hamilton, and Angelica Schuyler, three of the stars of the hit Broadway musical “Hamilton,” are all buried in New York City’s Trinity Church.  Alexander and Eliza baptized five of their children at Trinity.  John Jay was also a parishioner.

Today, Trinity Church is very wealthy.  Over at The New York Times, Jane Margolies writes about the church’s real estate investments in the city and its own construction of a $350 million glass tower.  Here is a taste:

While many places of worship are warding off developers as they struggle to hold on to their congregations and buildings, Trinity is a big-time developer itself.

The church has always been land-rich. And it has long had its own real estate arm, which controls ground leases and office space rentals in the buildings it owns. But now it finds itself with a newly diversified portfolio worth $6 billion, according to the current rector, the Rev. Dr. William Lupfer.

After being instrumental in changing the zoning laws in Hudson Square, a neighborhood between West Houston and Canal Streets, Trinity Real Estate has entered into a joint venture that gives it a majority stake in 12 buildings that contain six million square feet of commercial space. A lucrative deal with the Walt Disney Company, valued at $650 million, was signed just last year.

And as it builds its glass tower — which will house administrative offices, public gathering spaces and, yes, commercial tenants — Trinity is also renovating the interior of its historic church, which is expected to cost $110 million.

Trinity has been able to do all this because it’s been a savvy manager of its resources. It is also, as a church, exempt from taxes.

But some wonder about the ethics of a religious institution being such a power player in the world of New York real estate.

Read the entire piece here.