One Thing Leads to Another

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For you lawyers, do you recall this classic case study from Torts class? 

Palsgraf vs. Long Island Railroad Co. 248 N.Y. 339, 162 N.E. 99 (1928) is legendary because Judge Cardozo's analysis of proximate cause reinforced one of the basic elements required in order to plead a valid cause of action for liability on the grounds of negligence. But back to my point, since I refuse to walk back into those weeds planted in my brain during those hellish indoctrination rituals called "law school" and "bar exam." 

Let it suffice to say that chasing Truth down rabbit holes is a journey full of surprises, and you never know where gritty, honest research will lead you. The Newtonian paradigm is gone. Quantum Mechanics and the Butterfly Effect are real things. Dark Matter and String Theory rule science. 

For now.

I simply wanted to discuss the problem of Factions in a large republic (link here!). 

But, in a momentary lapse of reason, during the course of my study, I had a flashback -- yes, another 80's song (no, not "Take On Me"). This one is by The Fixx, called "One Thing Leads to Another." 

Good tune. May be worth your time (3:12 duration). Press "Play," and pay attention to the lyrics.

Or not.

So back to the problem of dealing with Factions, what they are, and how Madison thought we could handle the problem of factionalism within a large republic such as ours. A Faction is a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”

In Federalist 9, Hamilton needed to address the ideas of Charles Montesquieu, a French Philosopher whose prinicipal work, L'Esprit Des Lois, is one of the greatest works in the history of political theory and in the history of jurisprudence. Madison's Federalist 10 was a sequel to Hamilton's Federalist 9.

See? One thing leads to another. 

It started with Federalist 10, a proper study of which necessitated that we retrace the origins of the debate back to Federalist 9, which led to a recognition that Montesquieu's work set the foundational precepts. This sequence of connected historical sources led me to thinking about how so many apparent effects have unacknowledged causes. That led me to realize the legal importance, and occasional futility, of finding proximate causes, which was the key issue in the Palsgraf case. For me, the whole discussion of proximate cause reconciled musically, to The Fixx.

Simple Minds Need Complex Stimuli

Boomers, I've said it before and I'll say it again -- gettin' old ain't for sissies. 

Brief history lesson: The Federalist Papers were published under the pseudonym "Publius," and were written to persuade American Revolutionaries that a "federation" of sovereign States was, for many reasons, the best course of action to form a government in the late 1700's. 

After we defeated the British, a world without kings became possible. The ideal of human Liberty now superceded the "divine right" of inbred dilettantes. Uncharted aspirations and claims that were made, written, and signed by our nation's wisest elders on July 4, 1776, could now become manifest without monarchic suppression.

"Equal Rights Under The Law!"

Now to the problem of forming that government. Montesquieu advocated Separation of Powers doctrine as a way to address the problem of factions, however, he also contended that the theory would fail in large republics. He thought large republics, such as that proposed on the North American continent were prone to fall into despotism due to their sheer size, and therefore, the cannibalistic nature of factionalism would not be contained. As a sidenote, he was also an early adopter of the notion that climate (!) has a substantial influence on the human society.

Beginning with the formal title, Madison responded:

"THE SAME SUBJECT CONTINUED

THE UNION AS A SAFEGUARD AGAINST DOMESTIC FACTION AND INSURRECTION"

Now that title appears to be written in English, and because I am a natural, native, English-speaking American citizen, I am empowered to understand (as you should) what the author is saying. 

Literally. Today. Year 2022.

I mean, WTF did we go to school for? To learn to drink? Was it to learn how to woo a spouse. And by "spouse," I mean that person you married who has a different chromosomal composition than yours. 

But I digress.

Look, writers are accountable for the words they utilize. But conversely, a reader is NOT entitled to ascribe to a writer thoughts and ideas not at all supportable in the words expressed in writing. Some may call this form of constitutional/statutory interpretation a curse. I disagree. It would be more precise and correct to say that holding words to the users meaning is a "spell." Deviate from the word, you deviate from the spell. The constitution is a covenant, a spell structured to maximize Liberty (for ALL), by recognizing natural democratic processes, but limiting their reach, in order to counteract and suppress tyrannical leaders, who desire to implement their factional, numerically justified aims, regardless of their adverse effects. Unchecked factions lead to injustice and they are the fatal flaw of direct democracy. Thus, our Founders, through the words "We The People," called for and eventually ratified A REPRESENTATIVE REPUBLIC.

Why? Because words cage thoughts.

Publius creates the argument. Whether you think it valid and logical, or misleading and fallacious, the contention is that the Union of States are a SAFEGUARD, a protection, a precaution, an answer, a bulwark, if you will, literally against domestic factions and insurrection.  

Please note the correct usage of "literally."

Whether from the loony left or stenchly conservative right, it is literally indisputable that the Founders saw the creation of our Union (as constituted and ratified among the several States) to be the ideal answer to the problem of political factions, which are the early formative stages of mass psychosis. (Hello, Mr. Hitler)

Despite our large geography, and the cacophony of Tweets, the melting, snowflake tears claiming that THEIR particular untethered rights should prevail over others more wisely and virtuously considered, Federalist 10 shows how we avoid the mistakes of past civilizations and transcend the fate of past governments that descended into centralized, totalitarian, madness, like the current one, surrendered to the whims of senile, insane, child-molesting, sock puppet, power-hungry, criminal creeps of a certain faction. You can guess what THEIR letters stand for.

"I'll circle back you on that."

I'll drink to that. 🍺

 © 2022 by Roy Santonil