The Vice of Faction

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The Vice of Faction

• Mr. Greens American Government

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Outline of the Lecture

• Equal Power of Self Defense
• The Executive, Legislative, and Judicial
  Departments
• The Compound Republic
• Federalism
• Tyranny of the Majority
• Civil Liberties
• Dependence on the People
• Voting and Elections
• The Vice of Faction
• The Political Parties

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The Vice Of Faction

• Political Parties
• The First Party System
• Democrat-Republicans vs. Federalists
• Democrats vs. Whigs
• Democrats vs. Republicans

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What are Political Parties?

• Non-governmental Organizations that organize
  Various Factions to Win Elections and Exercise
  Power.
• Factions Are Competing Interests and Ideologies
• The American Founders Believed Factions to be the
  Achilles Heal of a Viable Republic

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Faction
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Two Party System

• Single Member Districts for the House, Senate,
  and President
• First Past The Post
• Proportional Districts

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The Rise of Faction

• 1790 to About 1815
• Alexander Hamilton, The Federalists, and Active
  State Liberalism
• Mercantilism
• Capitalism

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Active State Liberalism

• Mercantilism
• Protect National Sovereignty by Building a Rich
  and Militarily Powerful State
• Requires That the State Regulate and Enforce
• Economic Self-Sufficiency
• Strengthen Agriculture
• Develop Manufacturing and Industry
• A Powerful Military
• Large Population
• Favorable Balance of Trade
• Retain Gold and Silver
• Encourage Exports Though Tax Breaks and Monopoly
  Grants
• Discourage Import Using Tariffs and Quotas
• Protection and Nationalism

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Minimal State Liberalism

• The Market (Capitalism)
• Wealth Creation
• Specialization and Trade
• The Invisible Hand
• Competition Directs the System
• Largest Quantity of Goods
• Highest Quality of Goods
• Greatest Variety of Goods
• Limited Government
• free trade
• Importing Is Exporting in Another Form
• Trade and Cosmopolitanism

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The Rise of Faction

• 1790 to About 1815
• The Federalists
• Alexander Hamilton
• The National Debt and Credit Based Money

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Money as Credit
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The Rise of Faction

• 1790 to About 1815
• The Federalists
• Alexander Hamilton Mercantilist and Capitalist
• The National Debt and Credit Based Money
• The National Bank
• Manufacturing

• 1790 to About 1815
• Thomas Jefferson (and Madison),
  Democratic-Republicans, and Minimal State
  Liberalism,
• Virtue
• Liberty

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Minimal State Liberalism

• Jeffersonian Virtue
• Country Whigs
• Liberty Requires Virtue
• Corruption and Tyranny from Self Interest
• Virtue Comes From Agriculture Not Manufacturing

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Money as Credit
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The Rise of Faction

• Jeffersonian Virtue
• Country Whigs
• Liberty Requires Virtue
• Corruption and Tyranny from Self Interest
• Virtue Comes From Agriculture Not Manufacturing
• Farmer vs. Merchant and Speculator
• Liberty vs. Paper Money and National Debt
• Jeffersonian Liberty
• Personal Choice
• Against state repression of opinion and conduct
• Against mercantilist interference in economic
  affairs
• Individual economic self sufficiency and free
  trade

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The Rise of Faction

• 1790 to About 1815
• The Federalists
• The National Debt and Credit Based Money
• The National Bank
• Manufacturing
• Democratic-Republicans
• No National Debt and Credit Based Money
• No National Bank
• Agrarian Rather Than Manufacturing Society

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The Rise of Faction

• 1790 to About 1815
• Constructing the Constitution
• Federalists Loose Construction
• Democratic-Republicans Strict Construction

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The Marshall Court

• Loose Construction vs. Strict Construction

• Federal vs. State Power
• McCullough vs. Maryland (1819)
• Congress Can Create A National Bank
• The Elastic (necessary and proper) Clause
• The Power to Tax is the Power To Destroy

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McCulloch v Maryland
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The Marshall Court

• Loose Construction vs. Strict Construction
• Federal vs. State Power
• McCullough vs. Maryland (1819)
• State Power and Property Rights
• Fletcher vs. Peck (1810)
• State Power and the Contract Clause
• Dartmouth College vs. Woodward (1819)
• The Commerce Clause
• Gibbons vs. Ogden (1824)
• Intrastate vs. Interstate Commerce

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The Original Factions Continued

• 1824 to 1852
• The Whigs (National Republicans from 1824-1832)

• Henry Clay Hamiltonian
• Internal Improvements
• The National Bank and the National Debt
• Tariffs
• Traditional Protestantism
• Respectability and Perfection
• Public Control of Conduct
• Sunday Closing
• Temperance
• Abolition and Fear of National Expansion

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The Original Factions Continued

• 1824 to 1852
• The Democrats
• Andrew Jackson Jeffersonian
• Opposition to Internal Improvements
• debt and taxes

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Maysville Road Veto
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The Original Factions Continued

• 1824 to 1852
• The Democrats
• Andrew Jackson Jeffersonian
• Opposition to Internal Improvements
• debt and taxes
• The Speculative Economy
• Veto of the National Bank
• Specie Circular Gold and Silver
• Free Trade Expansion of Agriculture and
  Manufacturing
• Democrat Ideology
• Personal Choice in Matters of Morality
• Expansion of Voting Rights
• National Expansion
• Slavery Ignored

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Taney Court

• Loose Construction vs. Strict Construction

• Federal vs. State Power
• Charles River Bridge vs. Warren Bridge (1837)
• State Police Powers
• New York vs. Miln (1837)
• Health Safety, Welfare, and Morals
• Bill of Rights and the States
• Barron vs. Baltimore (1833)

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The Divide Over Slavery

• 1856 to 1900
• 1856 to 1896 Slavery to Segregation
• Dred Scott vs. Sandford (1857)
• Can a slave (or a former slave) sue in a state or
  federal court for his freedom based on his having
  been taken by his master to live in a state and
  territory where congress had forbidden slavery
• Justice Taney He has no rights a white man is
  bound to respect.
• 14th Amendment

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Amendment 14
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The Divide Over Slavery

• 1856 to 1898
• 1856 to 1896 Slavery and Segregation
• Undermining the 14th Amendment
• The Slaughterhouse Cases (1873)
• Are the States police power not limited by the
  privileges and immunities clause of the 14th
  Amendment?
• The Civil Rights Cases (1883)
• Can the 14th Amendment be used to limit the acts
  of individual or just the acts of the States?

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The Divide Over Slavery

• 1856 to 1898
• 1856 to 1896 Slavery and Segregation
• Undermining the 14th Amendment
• Jim Crow
• Plessey vs. Ferguson (1896)
• Can a State Enforce the Segregation of Blacks and
  Whites When They Use Public Facilities?
• Justice Harlans Dissent

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Segregation
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The Original Factions Continued

• 1856 to 1896
• 1876 to 1896 Republican Majority
• Republican Mercantilism
• The Gold Standard
• Internal Improvements
• High Tariffs

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The Original Factions Continued

• 1856 to 1896
• 1876 to 1896 Republican Majority
• Republican Mercantilism
• The Gold Standard
• Internal Improvements
• High Tariffs
• Support for Industrial Capitalism
• Protestant Respectability
• The Democrats
• Free Trade
• Immigrants and the Cities
• The Solid (Segregated) South
• Personal Choice in Matters of Morality

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Substantive Due Process

• Theory
• The Constitutions guarantee of property, of
  contracts, and the distinction between
  interstate/intrastate commerce protect the market
  from government interference free market
• Munn vs. Illinois (1877)
• Is government regulation of the prices a business
  charges (or the wages it pays) unconstitutional
  because it interferes with the right of property?
• Fields Dissent

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Stephen Field
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Substantive Due Process

• Munn vs. Illinois (1877)
• U.S. vs. E.C. Knight (1895)
• Does the interstate-intrastate distinction in the
  commerce clause apply to corporations whose good
  cross state lines?
• Lochner vs. NY (1905)
• Is government regulation of the hours bakers are
  required to work unconstitutional because it
  interferes with the right to contract?

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The End