The people who are the insurgents have never paid any, or but very little taxes. But they see the weakness of government; they feel at once their own poverty, compared with the opulent, and their own force, and they are determined to make use of the latter, in order to remedy the former. Their creed is "That the property of the United States has been protected from the confiscations of Britain by the joint exertions of all, and therefore ought to he the common properly of all. And he that attempts opposition to this creed is an enemy to equity and justice and ought to be swept from off the face of the earth."

Alexander Hamilton, aide to Washington during the war, was one of the most forceful and astute leaders of the new aristocracy. He voiced his political philosophy:

All communities divide themselves into the few and the many. The first arc the rich and well-horn, the other the mass of the people. 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… 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…

At the Constitutional Convention, Hamilton suggested a President and Senate chosen for life.

The Convention did not take his suggestion. But neither did it provide for popular elections, except in the case of the House of Representatives, where the qualifications were set by the state legislatures (which required property-holding for voting in almost all the states), and excluded women, Indians, slaves. The Constitution provided for Senators to be elected by the state legislators, for the President to be elected by electors chosen by the state legislators, and for the Supreme Court to be appointed by the President.

The problem of democracy in the post-Revolutionary society was not, however, the Constitutional limitations on voting. It lay deeper, beyond the Constitution, in the division of society into rich and poor. For if some people had great wealth and great influence; if they had the land, the money, the newspapers, the church, the educational system- how could voting, however broad, cut into such power? There was still another problem: wasn't it the nature of representative government, even when most broadly based, to be conservative, to prevent tumultuous change?

It came time to ratify the Constitution, to submit to a vote in state conventions, with approval of nine of the thirteen required to ratify it. In New York, where debate over ratification was intense, a series of newspaper articles appeared, anonymously, and they tell us much about the nature of the Constitution. These articles, favoring adoption of the Constitution, were written by James Madison, Alexander Hamilton, and John Jay, and came to be known as the Federalist Papers (opponents of the Constitution became known as anti-Federalists).

In Federalist Paper #10, James Madison argued that representative government was needed to maintain peace in a society ridden by factional disputes. These disputes came from "the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society." The problem, he said, was how to control the factional struggles that came from inequalities in wealth. Minority factions could be controlled, he said, by the principle that decisions would be by vote of the majority.

So the real problem, according to Madison, was a majority faction, and here the solution was offered by the Constitution, to have "an extensive republic," that is, a large nation ranging over thirteen states, for then "it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other… The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States."

Madison 's argument can be seen as a sensible argument for having a government which can maintain peace and avoid continuous disorder. But is it the aim of government simply to maintain order, as a referee, between two equally matched fighters? Or is it that government has some special interest in maintaining a certain kind of order, a certain distribution of power and wealth, a distribution in which government officials are not neutral referees but participants? In that case, the disorder they might worry about is the disorder of popular rebellion against those monopolizing the society's wealth. This interpretation makes sense when one looks at the economic interests, the social backgrounds, of the makers of the Constitution.

As part of his argument for a large republic to keep the peace, James Madison tells quite clearly, in Federalist #10, whose peace he wants to keep: "A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it."

When economic interest is seen behind the political clauses of the Constitution, then the document becomes not simply the work of wise men trying to establish a decent and orderly society, but the work of certain groups trying to maintain their privileges, while giving just enough rights and liberties to enough of the people to ensure popular support.

In the new government, Madison would belong to one party (the Democrat-Republicans) along with Jefferson and Monroe. Hamilton would belong to the rival party (the Federalists) along with Washington and Adams. But both agreed-one a slaveholder from Virginia, the other a merchant from New York — on the aims of this new government they were establishing. They were anticipating the long-fundamental agreement of the two political parties in the American system. Hamilton wrote elsewhere in the Federalist Papers that the new Union would be able "to repress domestic faction and insurrection." He referred directly to Shays' Rebellion: "The tempestuous situation from which Massachusetts has scarcely emerged evinces that dangers of this kind are not merely speculative."

It was either Madison or Hamilton (the authorship of the individual papers is not always known) who in Federalist Paper #63 argued the necessity of a "well-constructed Senate" as "sometimes necessary as a defense to the people against their own temporary errors and delusions" because "there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misted by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn." And: "In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens in order to check the misguided career, and to suspend the blow meditated by the people against themselves, until reason, justice, and truth can regain their authority over the public mind?"

The Constitution was a compromise between slaveholding interests of the South and moneyed interests of the North. For the purpose of uniting the thirteen states into one great market for commerce, the northern delegates wanted laws regulating interstate commerce, and urged that such laws require only a majority of Congress to pass. The South agreed to this, in return for allowing the trade in slaves to continue for twenty years before being outlawed.

Charles Beard warned us that governments-including the government of the United States-arc not neutral, that they represent the dominant economic interests, and that their constitutions are intended to serve these interests. One of his critics (Robert E. Brown, Charles Beard and the Constitution) raises an interesting point. Granted that the Constitution omitted the phrase "life, liberty and the pursuit of happiness," which appeared in the Declaration of Independence, and substituted "life, liberty, or property"-well, why shouldn't the Constitution protect property? As Brown says about Revolutionary America, "practically everybody was interested in the protection of property" because so many Americans owned property.