Why do we even have a president?

Historian Kenneth C. Davis looks at the origin of the office of the President, something our Founders went round and round about at the Constitutional Convention.

In that steamy Philadelphia summer of 1787, as the Constitution was secretly being drafted and the plan for the presidency invented — “improvised” is more apt — the delegates weren’t sure what they wanted this new office to be. To patriots who had fought a war against a king, the thought of one person wielding great power, at the head of a standing army, gave them the willies.

Still, Hamilton asserted in the Federalist Papers that this experimental executive must have “energy” — a quality characterized by “decision, activity, secrecy and dispatch.” Hamilton knew that the times demanded bold action. Operating under the Articles of Confederation, a weak Congress had dithered through crisis and conflict, unable to collect taxes or raise an effective army. And the presidents of Congress — 14 of them from 1774 to 1788 — wielded nothing more threatening than a gavel. They couldn’t even answer a letter without congressional approval.

As the delegates to the Constitutional Convention sweltered behind closed windows, in the same Pennsylvania State House where the Declaration of Independence had been adopted 11 years earlier, they disagreed about many things. But no issue caused greater consternation than establishing an executive office to run the country.

Would this executive department be occupied by one man or a council of three? What powers would the executive have? How long would he hold office? How would the executive be chosen? And how would he be removed, if necessary? (Without an answer to this question, Ben Franklin warned, the only recourse would be assassination.)

On these questions, the record points down a tortuous path filled with uncertainty and sharp division. While some delegates feared creating a presidency that could become a “fetus of monarchy,” others called for an executive who could negotiate treaties and make appointments — or command an army if the nation was threatened. Or at least answer the mail. . . . [Read more...]

The founders’ individual mandates

It is unconstitutional to force individuals to buy health insurance, according to critics of Obamacare.  Not so, says Einer Elhauge of The New Republic, who points out that the founders who wrote the Constitution were not above passing individual mandates forcing citizens to buy things:

The founding fathers, it turns out, passed several mandates of their own. In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen. This law was then signed by another framer: President George Washington. That’s right, the father of our country had no difficulty imposing a health insurance mandate.

That’s not all. In 1792, a Congress with 17 framers passed another statute that required all able-bodied men to buy firearms. Yes, we used to have not only a right to bear arms, but a federal duty to buy them. Four framers voted against this bill, but the others did not, and it was also signed by Washington. Some tried to repeal this gun purchase mandate on the grounds it was too onerous, but only one framer voted to repeal it.

Six years later, in 1798, Congress addressed the problem that the employer mandate to buy medical insurance for seamen covered drugs and physician services but not hospital stays. And you know what this Congress, with five framers serving in it, did? It enacted a federal law requiring the seamen to buy hospital insurance for themselves. That’s right, Congress enacted an individual mandate requiring the purchase of health insurance. And this act was signed by another founder, President John Adams.

Not only did most framers support these federal mandates to buy firearms and health insurance, but there is no evidence that any of the few framers who voted against these mandates ever objected on constitutional grounds. Presumably one would have done so if there was some unstated original understanding that such federal mandates were unconstitutional. Moreover, no one thought these past purchase mandates were problematic enough to challenge legally.

via Einer Elhauge: If Health Insurance Mandates Are Unconstitutional, Why Did The Founding Fathers Back Them? | The New Republic.

Wait a minute:  A mandate for everyone to possess firearms?  What does that  do to the liberal argument that the Second Amendment only allows for collective gun ownership in militias rather than personal possession?

I’m also curious about the status of these old laws.  Were they ever repealed?  Why, how, and when?  Would conservatives accept the insurance mandate in return for  Congress  re-instating the firearms mandate?

Anyway, back on topic, that the Washington and Adams administrations passed commerce mandates in no way proves they are Constitutional.


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