Constituting truth

In Constitutional Myths: What Wet Get Wrong and How to Get It Right, Ray Raphael hollows hallowed Conservative doctrine

The following review has been posted on the Books page of the History News Network.  

Once upon a time, the Constitution was seen by historians as the property of the right. That's because Charles Beard told us so -- exactly one century ago. In his influential 1913 book An Economic Theory of the Constitution of the United States, Beard explained the document was the work of a wealthy elite seeking to restrain the egalitarian tendencies of the American Revolution. But Beard provoked a reaction; by midcentury a new generation of scholars like Clinton Rossiter of the Consensus School argued for a less ideological approach to understanding the framing and approval of the Constitution. The rise of neoconservatism in the last half of the twentieth century, typified by organizations like the Federalist Society, effectively lionized precisely what Beard complained about. Diffused versions of such thought drifted into the Tea Party, where the Tenth Amendment, which emphasizes the limits of what the national government can do, has become sacred scripture.

Now here comes Ray Raphael to take the Constitution back for the left. Actually, Raphael has been contesting conservative interpretations of American history for some time. His 2001 book A People's History of the American Revolution, part of a series under the editorship of the late Howard Zinn, renders a bottom-up version of the story in the now-classic Zinn traditon. Founding Myths: Stories that Hide Our Patriotic Past (2004), is a collection of counter-narratives that challenge heroic tales that disempower ordinary Americans by emphasizing the gap between the Founding Fathers and themselves. Such concerns are rooted in Raphael's own personal history; he was a participant in the Civil Rights movement a half-century ago as a community organizer and voting rights activist.

Loosely speaking, Constitutional Myths is a sequel to Founding Myths, in that its locus is about a decade later and is similarly devoted to contesting prevailing conservative notions. But while the former focused on people and anecdotes that had become literally legendary (e.g. Paul Revere's ride, Molly Pitcher's battlefield prowess, etc.), his concerns this time are more purely ideological. A series of eight chapters systematically dismantles notions that the framers of the Constitution were anti-government, anti-taxes, or even anti-politics. In each case, he begins by conceding the "kernel of truth" to such views, before a "but" section outlining the alternate view and a longer "full story" that suggests the complexities and ambiguities involved. Still, Raphael's own views are clear. Of course the framers believed in a strong central government; "if all they cared about was restraining power they would have stuck with the Articles of Confederation." James Madison was not the father of the Constitution; if he was the government would have actually been a good deal more centralized than it was (that's because conservatives tend to focus on the Madison of the 1790s who hated Alexander Hamilton rather than the Madison who worked alongside him in the 1780s). Instead of an emphatic assertion of limited government, the Bill of Rights was actually a piece of political legerdemain designed to forestall a second Constitutional Convention that might have fatally weakened federal power.

Raphael writes with a deft touch and a lifetime of learning that he wears lightly. His immersion in the primary sources is as evident as it is for less pointed peers like Pauline Maier and Jack Rakove (who provide blurbs for the book). One feels to compelled to challenge his assertion that one can tell anything resembling "the full story" from any perspective in chapters that average about 20 pages. And as Raphael himself would probably concede, it would be possible to construct an alternative version that turns his assertions inside out with chapters that concede federal power but emphasize its limits, a Madison who may not have authored the Constitution but provided plenty of its DNA, and so forth. But this is very much a history and for its moment -- originalists be damned.

Again, what keeps it grounded is Raphael's evident authority. Constitutional Myths is buttressed with a substantial collection of primary source documents that form a counterpoint to the standard issue sources students typically encounter. Indeed, the book makes for an ideal text for a high school or college civics course, one that revitalizes an old-fashioned but necessary subject.  Raphael's youthful vitality makes him a welcome traveling companion for beginner and seasoned veteran alike. Long may he wave.

The Window

Franklin. Adams. Roommates. Summer, 1776



[In honor of our Founding Fathers, an archive edition of American History Now]

So there they are, John Adams and Benjamin Franklin, one a youthful 70 and the other a fussy 41, sharing a bed at an inn in New Jersey. They’re on their way from Philadelphia to Staten Island, part of a delegation sent by the Continental Congress to negotiate with Admiral Lord Richard Howe of the Royal Navy, in the hopes of avoiding a full-blown war between England and her American colonies. Two weeks earlier, George Washington’s fledgling army escaped seemingly certain destruction in Brooklyn and is for now, at least, alive to fight another day. Lord Howe hopes he can talk his American friends out of making a huge mistake. Adams considers Howe a phony, his overtures nothing more than “Machiavellian maneuvers.” That’s why he was chosen to be one of the negotiators. Edward Rutledge of South Carolina, a man who had been reluctant to support independence (he has, and will, worry about the preservation of slavery) is another. And old Ben Franklin, who knew Howe back in England, will be the third.

It is the evening of September 9, 1776. The negotiators pause in their journey to spend the night in Brunswick, New Jersey. Unfortunately, there’s not much lodging to be had in the local taverns. Franklin and Adams agree to share a tiny room, no fireplace, with a single bed and a single open window. It is chilly, and Adams, a self described invalid, is “afraid of the air in the night” and shuts it. “Oh!” says Franklin. “Don’t shut the window. We shall be suffocated.” When Adams relates his fears of coming down with an illness from the bad night air, Franklin, ever the scientist, replies by saying that the air in the room is far more likely to be a problem than that outside. “Come!” he tells Adams. Open the window and come to bed and I will convince you. I believe you are not acquainted with my Theory of Colds.”

Adams complies and joins Franklin in bed. He is curious, even at “the risqué of a cold,” to hear Franklin’s reasoning. Lying there in the dark, side by side, Franklin begins his explanation, which, while apparently of some interest to Adams, literally puts him to sleep (“I left him and his Philosophy together,” he will later write, hearing Franklin trail off just as he does.) They will argue the point again, and in his account of their exchanges Adams will muse on Franklin’s reasoning but remain unconvinced.

At this point in his life, Adams admires Franklin. He likes to say that had Franklin done nothing more than invent the lightning rod, the world would justly honor this “great and good man.” But the next time they team up again, this time in Paris to negotiate an alliance with the French government – a phase of the two men's careers brilliantly captured in the 2008 HBO series, John Adams, from which the above photo was taken – Adams begins to have his doubts. Mr. “Early to Bed and Early to Rise” sleeps late all the time. (He slept through a lot of the Continental Congress, and though Adams will not be there to catch him, Franklin will sleep through a lot of the Constitutional Convention as well.) He drinks too much; he spends too much. And his behavior with French women is downright embarrassing. Adams feels self-conscious about his French, but as he learns it himself he begins to realize that Franklin understands a lot less than he lets on. And when Adams – once again playing bad cop, albeit a bit over his head – annoys the French foreign minister, Franklin writes a letter to Congress telling them that Adams is foolishly tampering with Franklin’s own delicate diplomacy. Adams will never forget or forgive Franklin for that.

Franklin is probably right to dump Adams. Adams probably knows Franklin is right, too. He is over his head. Adams is an intelligent and decent man. But he’s too stubborn, moralistic and vain to be a successful diplomat. He’s honest to a fault – he can’t play the game the way Franklin, who laughs right along when the King puts his image on the bottom his courtesan’s chamber pot, does. He tries not to lie, even to himself.

Part of the reason why someone like Franklin is such a trial to Adams is that he understands that the man really does exhibit traits Adams himself would be lucky to have. Franklin’s cool cheerfulness is a rebuke to Adams’s repressed stolidity. But a hunger for recognition, a hunger that’s never really sated, will not give Adams rest. His wonderfully acidic expression of resentment in 1790 encapsulates his frustration: “The history of our Revolution will be one continued lie from one end to the other. The essence of the whole will be that Dr. Franklin’s electrical rod smote the earth and out sprang General Washington. That Franklin electrified him with his rod and thenceforth these two conducted all the policy, negotiations, legislatures, and war.” (It was Adams who had proposed Washington take command of the Continental Army – and excellent idea, and one he can’t help but at least partially regret.)

Adams had about as successful a career as any person could ever rationally hope. From modest beginnings as a shoemaker’s son, he became a self-educated lawyer, political activist, and diplomat. He collaborated with Thomas Jefferson on the Declaration of Independence, and his work on the Massachusetts constitution was a major influence on the federal one. He managed to spend eight years generally keeping his mouth shut as vice president (no small achievement, particularly for him), and went on to become president himself. And he had the good sense and good fortune to marry Abigail, who brought wisdom, humor, and joy into his life. He lived to see his son John Quincy, become president. We should all be so lucky.

But somehow, you rarely get the impression that John Adams was happy. To be sure, he had legitimate sorrows, among them a son who drank himself to death and a daughter who died of cancer. He had powerful enemies, notably Alexander Hamilton and his erstwhile friend Thomas Jefferson, who, despite hating each other, worked to deny Adams a second term as president. (It’s to their credit that Adams and Jefferson were later able to patch things up – though perhaps it’s no accident that they did so while remaining 500 miles apart.) Still, you get the sense that the hardest single thing about John Adams’s life is that he had to live with John Adams. Feeling that way is hard enough. But it’s even harder when you’ve got people like Franklin, so seemingly self-assured, by your side.

Adams recorded the scene of his night with Franklin in the autobiography he began writing after his forced retirement from politics following his failed bid for re-election in 1800. Though he had a diary to draw on, the editor of the Adams Papers, L.H. Butterfield, reported in 1961 that he wrote this scene “from unaided memory.” I see him at his estate, Peacefield, in Quincy, Massachusetts, an old man remembering himself as a younger one, with Franklin, who had been dead for years, alive and likeable. Adams had been upset earlier that September day when he saw what he regarded as the indiscipline and “dissipation” of the American soldiers he had seen on the road (my guess is that he was being prudishly unrealistic). But he was “determined that it should not dishearten me.” I can’t be sure, but it seems like he’s succeeding, and that the memory of that night brings him pleasure and maybe even comfort in the long twilight of his life. Writing it down gives him something to do.

And us something to celebrate. Thank you, Mr. Adams (and Mr. Franklin).

G.W. 2/22/1732

He was born into a small-time aristocracy—and let’s put more emphasis on “small-time” than “aristocracy,” if indeed a self-proclaimed elite on the edge of the world can be called aristocratic. Having lost his father as a child, the family’s status was insecure, and the boy was forced to rely on his older brother for his education. But there is little doubt he was ambitious. He picked up the useful skill of surveying, handy for the real estate speculation that would so decisively shape his fortunes. He also showed a penchant for making useful political connections, managing to get himself named a non-commissioned officer in the army, only to endure a series of military blunders in the French and Indian War. He’d never be a real gentleman or a true officer in the British empire. Still, a provincial American Dream – marry into money, get some land, get some slaves – was more than within reach. Had he been run over by the proverbial wagon in 1772, when the portrait to the right was painted by Charles Willson Peale, you’d have to say: This guy did all right for himself.

In the end, as we know, he did more than all right, and more than for just himself. There are three reason why that I’d like to point out as we shop, vacation, nap, or all those other good things a President’s Day holiday is for.

Courage. He was brave in the most literal sense—multiple accounts testify to his bravery under fire. But it took other forms, too. It’s easy enough to understand that leading an insurrection against the greatest empire in the world is not for the faint of heart, whether or not you happen to wield a gun. But I’m struck by some of the more subtle manifestations later in his life. For example, he pretty much knew that Alexander Hamilton and Thomas Jefferson, both of whom served in his cabinet and hated each other, were smarter than he was, and he knew that they knew it, too. That was all right with him, as long as they did good work. Which, as was true of many of the people who served under him, they did. There’s no doubt he was vain, and worried—you might say obsessed—about his reputation. But over and over again over the course of his career, whether as a young soldier or as an old lion who reluctantly lent his name to a new Constitution, he risked that reputation. He wasn’t quite flawless in this regard (for example, he kept his mouth shut about slavery for a very long time), but even these limits—and the limits of those limits—are in their own way impressive.

Patience. You can see it over and over again: In working his way out of debt and making Mount Vernon economically self-sufficient; in waiting out the British in defeat after defeat in 1776 before finally pouncing at Trenton that Christmas (or at Yorktown five years later); in enduring severe privation at places like Valley Forge along with his men; in simply enduring a Congress that acted in ways that he regarded as beneath contempt in keeping him supplied in war and carping about his diplomacy in peace. There is no doubt the man had a temper, and it was not one you’d particularly care to have focused on you. (God help a runaway slave.) But that iron discipline could also bend toward justice, as in the will he wrote that was implacably crafted to keep grasping family from denying his slaves their freedom.

Passion. This might seem like a joke. Him? That grim, seemingly unknowable visage in all those portraits, like the one we use to buy candy bars and cans of soda? But there’s finally no other way to understand a man who made the choices he did in transforming an abstraction into a nation. It wasn’t only courage and patience. You can see it in that blazing address he made to the officers who contemplated mutiny in the Newburgh Conspiracy – are you out of your minds, he asked in a white-hot fury, reducing them to tears – and in his desperation to leave the presidency before he died (no, I will not be King George, he said explicitly at Newburgh and implicitly and for the rest of his life). A red-blooded love coursed through the man’s arteries.

He wasn’t a saint. He was a man. A great man. If we lack the imagination to see that, to feel that, then we no longer deserve the freedom he made possible. This is a recurring fear in the tributes. And, alas, a justified one.

Happy Birthday, Mr. Washington. And thank you.