10 Calhoun, Discourse On The Constitution and Government
A DISCOURSE ON THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES
John C. Calhoun
About This Text
John C. Calhoun was a senator from South Carolina and Vice-President of the United States. He developed an extensive theory of government resting on the idea of the “concurrent majority.” As you’ll see below, Calhoun argued that legitimate republican government relied not on rule by the numerical majority but on an institutionalized process of taking into account all “interests” in the polity. This, Calhoun argued, could only be done by giving each interest a “negative” or veto in collective decision-making processes. As the following excerpt from his A Discourse on the Constitution and Government of the United States indicates, Calhoun saw this idea of republicanism as rule by the concurrent majority as merging in the United States with federalism, understood as embodying the historical and ongoing sovereignty of the states. Practically speaking, Calhoun’s idea of the United States as a federal republic meant giving southern states a veto over any attempt to regulate (much less end) slavery.
OURS is a system of governments, compounded of the separate governments of the several States composing the Union, and of one common government of all its members, called the Government of the United States. The former preceded the latter, which was created by their agency. Each was framed by written constitutions; those of the several States by the people of each, acting separately, and in their sovereign character; and that of the United States, by the same, acting in the same character — but jointly instead of separately.
Stop and Think
Note here the contrast with Lincoln. Lincoln argues that the Union was “prior to” the states and “created” them. Calhoun, on the other hand, argues that the states “preceded” the Union, “which was created by their agency.”
All were formed on the same model. They all divide the powers of government into legislative, executive, and judicial; and are founded on the great principle of the responsibility of the rulers to the ruled. The entire powers of government are divided between the two; those of a more general character being specifically delegated to the United States; and all others not delegated, being reserved to the several States in their separate character. Each, within its appropriate sphere, possesses all the attributes, and performs all the functions of government. Neither is perfect without the other. The two combined, form one entire and perfect government. With these preliminary remarks, I shall proceed to the consideration of the immediate subject of this discourse. The Government of the United States was formed by the Constitution of the United States — and ours is a democratic, federal republic. It is democratic, in contradistinction to aristocracy and monarchy. It excludes classes, orders, and all artificial distinctions. To guard against their introduction, the constitution prohibits the granting of any title of nobility by the United States, or by any State.[1] The whole system is, indeed, democratic throughout. It has for its fundamental principle, the great cardinal maxim, that the people are the source of all power; that the governments of the several States and of the United States were created by them, and for them; that the powers conferred on them are not surrendered, but delegated; and, as such, are held in trust, and not absolutely; and can be rightfully exercised only in furtherance of the objects for which they were delegated. It is federal as well as democratic. Federal, on the one hand, in contradistinction to national, and, on the other, to a confederacy. In showing this, I shall begin with the former. It is federal, because it is the government of States united in political union, in contradistinction to a government of individuals socially united; that is, by what is usually called, a social compact. To express it more concisely, it is federal and not national, because it is the government of a community of States, and not the government of a single State or nation …
I have now shown, conclusively, by arguments drawn from the act of ratification, and the constitution itself, that the several States of the Union, acting in their confederated character, ordained and established the constitution; that they ordained and established it for themselves, in the same character; that they ordained and established it for their welfare and safety, in the like character; that they established it as a compact between them, and not as a constitution over them; and that, as a compact, they are parties to it, in the same character. I have thus established, conclusively, that these States, in ratifying the constitution, did not lose the confederated character which they possessed when they ratified it, as well as in all the preceding stages of their existence; but, on the contrary, still retained it to the full …
Stop and Think
Notice that Calhoun emphasizes the “act of ratification.” He depicts this as an action taken by the states, not the people. Again, compare this to Lincoln’s claim that the States only came into their current existence as states upon the ratification of the Constitution.
It now remains to be shown, that the government is a republic — a republic — or (if the expression be preferred) a constitutional democracy, in contradistinction to an absolute democracy.
It is not an uncommon impression, that the government of the United States is a government based simply on population; that numbers are its only element, and a numerical majority its only controlling power. In brief, that it is an absolute democracy. No opinion can be more erroneous. So far from being true, it is, in all the aspects in which it can be regarded, preeminently a government of the concurrent majority. So far from being true, it is, in all the aspects in which it can be regarded, preeminently a government of the concurrent majority: with an organization, more complex and refined, indeed, but far better calculated to express the sense of the whole (in the only mode by which this can be fully and truly done — to wit, by ascertaining the sense of all its parts) than any government ever formed, ancient or modern. Instead of population, mere numbers, being the sole element, the numerical majority is, strictly speaking, excluded, even as one of its elements
Calhoun’s Concurrent Majority
In the following passage from his Disquisition on Government, Calhoun discusses the nature of the concurrent majority. Calhoun goes on to argue that the implementation of the concurrent majority will inevitably produce deliberation and compromise on even the most divisive issues.
“The necessary consequence of taking the sense of the community by the concurrent majority is, as has been explained, to give to each interest or portion of the community a negative on the others. It is this mutual negative among its various conflicting interests, which invests each with the power of protecting itself — and places the rights and safety of each, where only they can be securely placed, under its own guardianship. Without this there can be no systematic, peaceful, or effective resistance to the natural tendency of each to come into conflict with the others: and without this there can be no constitution. It is this negative power — the power of preventing or arresting the action of the government — be it called by what term it may — veto, interposition, nullification, check, or balance of power — which, in fact, forms the constitution. They are all but different names for the negative power. In all its forms, and under all its names, it results from the concurrent majority. Without this there can be no negative; and, without a negative, no constitution. The assertion is true in reference to all constitutional governments, be their forms what they may. It is, indeed, the negative power which makes the constitution — and the positive which makes the government. The one is the power of acting — and the other the power of preventing or arresting action. The two, combined, make constitutional governments.”
From what has been stated, the conclusion follows, irresistibly, that the constitution and the government, regarding the latter apart from the former, rest, throughout, on the principle of the concurrent majority; and that it is, of course, a Republic — a constitutional democracy, in contradistinction to an absolute democracy; and that, the theory which regards it as a government of the mere numerical majority, rests on a gross and groundless misconception. So far is this from being the case, the numerical majority was entirely excluded as an element, throughout the whole process of forming and ratifying the constitution: and, although admitted as one of the two elements, in the organization of the government, it was with the important qualification, that it should be the numerical majority of the population of the several States, regarded in their corporate character, and not of the whole Union, regarded as one community. And further than this — it was to be the numerical majority, not of their entire population, but of their federal population; which, as has been shown, is estimated artificially — by excluding two-fifths of a large portion of the population of many of the States of the Union. Even with these important qualifications, it was admitted as the less prominent of the two. With the exception of the impeaching power, it has no direct participation in the functions of any department of the government, except the legislative; while the other element participates in some of the most important functions of the executive; and, in the constitution of the Senate, as a court to try impeachments, in the highest of the judicial functions. It was, in fact, admitted, not because it was the numerical majority, nor on the ground, that, as such, it ought, of right, to constitute one of its elements — much less the only one — but for a very different reason. In the federal constitution, the equality of the States, without regard to population, size, wealth, institutions, or any other consideration, is a fundamental principle; as much so as is the equality of their citizens, in the governments of the several States, without regard to property, influence, or superiority of any description. As, in the one, the citizens form the constituent body — so, in the other, the States. But the latter, in forming a government for their mutual protection and welfare, deemed it proper, as a matter of fairness and sound policy, and not of right, to assign to it an increased weight, bearing some reasonable proportion to the different amount of means which the several States might, respectively, contribute to the accomplishment of the ends, for which they were about to enter into a federal union. For this purpose they admitted, what is called federal numbers, as one of the elements of the government about to be established; while they were, at the same time, so jealous of the effects of admitting it, with all its restrictions — that, in order to guard effectually the other element, they provided that no State, without its consent, should be deprived of its equal suffrage in the Senate; so as to place their equality, in that important body, beyond the reach even of the amending power.
I have now established, as proposed at the outset, that the government of the United States is a democratic federal Republic — democratic in contradistinction to aristocratic, and monarchical — federal, in contradistinction to national, on the one hand — and to a confederacy, on the other; and a Republic — a government of the concurrent majority, in contradistinction to an absolute democracy — or a government of the numerical majority.
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