Michael Carlos Santayana

January 14, 2015

The Spirit of the Law.

     The American theory of motive in leadership is that the man can naturally rule himself if he is orgenized right. There are two parts to this argument; the American heritage (or old world), and American foundation (new world); all composed of authors who have done their work.

The American heritage includes the works of Aristotle and Polybius. These two old world authors are familiar classics. Aristotle and Polybius, who were pioneers of early political writing,  had a pure idea political science that was less distracted by writers.

     Aristotle came to his conclusion by reading over a 100 constitutions. He is the reference, if not foundation of most academic thought. Aristotle establishes the basic motive of all what he has read was the rule of the good. "As to the question of whether the virtue of the good man is the same as that of the good citizen, the considerations already adduced prove that in some states the good man and the good citizen are the same, and in others different. When they are the same it is not every citizen who is a good man, but only the statesman and those who have or may have, alone or in conjunction with others, the conduct of public affairs" (Aristotle III, chp5, 10). The fact that trying to make the good citizen matching the good man is proof that they are not the same. Here he makes a vinediegram where he places the good man  circle intersecting the good citizen circle. This and that if "they are the same it is not every citizen who is a good man, but only the (good) statesman". Now if the good regime was in power, it would be like the good man circle is within the good citizen circle. Now Aristotle finally says that these men who are both a good citizen and a good man is the one who should be "the conduct of public affairs." This is relevently about the rule of the virtues as meritocracy.

     Publius was a diplomate and analysed many governmental motives in reference of time and change. Government is not bound to progress in time. He builds up a cycle of regimes that imitates the vague cycle of every political governmental history. Also talking about the roman solution, the mixed regimes and the balance of powers, which act to keep the people steady.  "For whenever any danger from without compels them to unite and work together, the strength which is developed by the State is so extraordinary, that everything required is unfailingly carried out by the eager rivalry shown by all classes to devote their whole minds to the need of the hour, and to secure that any determination come to should not fail for want of promptitude; while each individual works, privately and publicly alike, for the accomplishment of the business in hand. Accordingly, the peculiar constitution of the State makes it irresistible, and certain of obtaining whatever it determines to attempt. No, even when these external alarms are past, and the people are enjoying their good fortune and the fruits of their victories, and, as usually happens, growing corrupted by flattery and idleness, show a tendency to violence and arrogance—it is in these circumstances, more than ever, that the constitution is seen to possess within itself the power of correcting abuses" (polybius 30). There is two halves to this quote; the first half is on the cornered nation, the second, the decadence in the citizens in time. Now when he first said “whenever any danger from without compels them to unite and work together, the strength which is developed by the State is so extraordinary,” When the issue arises, it brings out the best of us and the worst of us. everybody focuses on the “danger”, when they are cornered. The people enjoying the fruits of victory begin to weaken. the decadence of citizen was explained as so; “the people are enjoying their good fortune and the fruits of their victories, and, as usually happens, growing corrupted by flattery and idleness, show a tendency to violence and arrogance” the leisure time they earn is miss use and so the become decedent. They hurt themselves and then others. He then simply says that this is what the mix regime is for, this moment; “the constitution is seen to possess within itself the power of correcting abuses" and litteraly the word “abuses,” because that is the decadent world. So Polybius claimed that the roman constitution was constructed for time. 

     The new world, or our new world, is a focused study of the mixed regimes. Many American studied and experiment; Essex Results, the Federalist Papers, with regimes and try to bring the new material in mix of the old in construction to the art of organizing offices.

     Essex Results was the public conversation of the Essex county. They also bring history to the table in providing the tries in the past. Their conclusion was that the office must make as many people conform to nature and appear to be in a nature of freedom. "To determine what form of government, in any given case, will produce the greatest possible happiness to the subject, is an arduous task, not to be compassed perhaps by any human powers. Some of the greatest geniuses and most learned philosophers of all ages, impelled by their solicitude to promote the happiness of mankind, have nobly dared to attempt it: and their labours have crowned them with immortality. A Solon, a Lycurgus of Greece, a Numa of Rome are remembered with honor, when the wide extended empires of succeeding tyrants, are hardly important enough to be faintly sketched out on the map, while their superb thrones have long since crumbled into dust" (Essex 18). Now this conformity to nature is thought to be the true happiness. The idea is to form a government that makes this happen. This passage list four things; the two people and the second person’s effort and result. The two people are the thinkers and the doers. The thinkers are the one who speculate and “promote the happiness of mankind,” however, it is the nobler who think and attempt so. The more noble are the doers, and the document provides examples, they work hard with great effort to fore fill conformity of nature and self-rulership. What Plato may call attempters of the philosopher king, these doers are labeled “tyrants” by this document. Tyrants who are dislike at the moment and their treasures are forgotten latter. However, they oppose a system that must be working with the people that they conform to nature and be in a nature of freedom, and that this is the governments gaul.

     James Madison was sent overseas to read most everything political, including constitutions. He wrote the Federalist Papers. What the Federalist Papers added to the research was that motive of the people as a force, in specifically the American interest. "Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government" (Federalist No. 10). Madison is communicating two things in this passage; the in-escapable interest of the people, and the solution. The interest of the people is diveded in two, creditors and dedtors. This divide might was a modern divide for the time, the rich and poor. these men are interested in a veried fanincial idaes. These interest will change and the bifurcation will also. The growing population will add to the tendencies of spliting. So it is practicle that the system fit all, as much as it is that they agree on some ground. With this he say that "various and interfering interests forms the principal task of modern legislation," maening that the legislation needs to work with the huge diverse groups. That this legislature should allow people to orgenize themselves in th form of parties; "involves the spirit of party and faction in the necessary and ordinary operations of the government." The parties sole existence is to not win and unit the people enough that they can still work together. Know the fact that it has the legislature word and that the Americans of all belief want and should contribute to the republic to make their change, and let it be feltered and cut down to be in agreement with all else who care.

The Constitution was primarily wrote by Madison. This is the meaning why Madison had the first paragraph of constitution expressing the spirit of the law, or its motives. Thus making the american understand that the general motive of the office. "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Prosperity, do ordain and establish this Constitution for the United States of America." their is the beginning, a listing, and then an ending of purpose. The first address is legendary; "We the People of the United States." this in reference to the power of the people to fraction the country is made into the philosopher king and construct the more perfect union. The next four clauses is what is basic to live a life that  “promotes the happiness of mankind,” The fifth clause, "secure the Blessings of Liberty to ourselves and our Prosperity," this is the constitution making available the individual's fruits of labor for their own financial interest. The end was that these people, the doers, "do ordain and establish this Constitution for the United States of America." This means that the people are given their responsibility of their own responsibility, or that the people rule the people. That the through the checks and balances and balance of powers “the constitution is seen to possess within itself the power of correcting abuses."  The people are in control of the "the conduct of public affairs," and they have been given their motives to conduct by.

The American research developed a theory that is made perminent in our constitution. The American motive is that the people can rule themselves because they are orginzed by a mixed regime. That really the meritocracy in America is partially the system in place.

Bibliography

http://classics.mit.edu/Aristotle/politics.3.three.html

http://humanistictexts.org/polybius.htm#The Cycle of Six Forms of Govrnment

http://press-pubs.uchicago.edu/founders/documents/v1ch4s8.html

http://avalon.law.yale.edu/18th_century/fed10.asp