The Paperless Federalists

The guys are back with a special Election Day episode where they discuss the Electoral College. They cover the history, the process, and current events involving the Electoral College including potential changes to the system. Tune in and enjoy!

It's been a while, but we're back.  We're surviving 2020 and reaching back to bring you an episode originally recorded in September 2019. We will have more episodes coming shortly.  Enjoy!

Cary and Justin return to discuss Hamilton's Federalist No. 28.  They discuss how Hamilton is focused on the consolidation of power into a national government, and the dangers in Hamilton's arguments.  Welcome back to all of those listening!

Cary and Justin return to discuss Hamilton's prolific paper, Federalist 27.  Included in this episode are gems such as, “Good people like good government, and bad people like bad government.”  Also, Cary teases a conspiracy theory like no other.  Enjoy!

Cary and Justin are back to discuss Hamilton's faith in the congress to check to the power of the executive.  Pop cultural references abound in this new episode! 

Cary, Justin, and Hamilton return to continue the discussion about standing armies.  After a break, the guys are back.  Join us for a new episode!!

Hamilton recognizes the concern of standing armies in peacetime, and the danger to liberty they represent.  As a way to calm these concerns, he offers a method by which the Legislative branch can check the power of the Executive.  Instead of attacking his critics head on, Hamilton employs the “neutral observer” as a method of demonstrating how no well-reasoned person could possibly disagree with his position.

Hamilton returns to discus what sort of protection the federal government should provide to its member states, how much power the federal government should have, and how the federal government will exercise that power.  During this paper, Hamilton reveals himself as a closet monarchist, and a champion of the Leviathan.  Emperor Palpatine would be proud!!

Hamilton is back to discuss the need for nationwide regulation of commerce, a national military, equal suffrage between the states, and the need for a supreme court.  In true Hamilton fashion, he presents his arguments as being the best possible choice.  Join Justin and Cary as they discuss Hamilton's arguments in this paper, and how they conflict with earlier arguments presented in these papers.

Justin channels his inner-Hamilton and keeps trying to go off topic.  Cary keeps the guys on task and on the path as they discuss Federalist Paper No. 21.

The guys are back with an informal episode full of insights and laughs.

Hamilton and Madison return with one last example of a failed confederacy.  This time they discuss The United Netherlands.  As Cary points out, once again things look good on paper for The United Netherlands, but in practice they didn't work out well.  One key provision that held it back was the requirement for unanimous consent among its members.  Ultimately, the authors end this section of the Federalist Papers with a resounding conclusion that a confederacy, as a form of government, will not work for The United States of America.

Hamilton and Madison are back to bring you simultaneously too much detail and also not enough detail at the same time.  How do they manage this?  Justin and Cary examine the authors' analysis of German principalities, as well as Polish and Swedish governments.

If anyone doubted him, Mr. Hamilton returns to demonstrate his knowledge of ancient Greek societies yet again.  Do his references really support the point he is trying to make in this paper?  The guys return to discuss that and more in this episode.

Mr. Hamilton once again argues for a stronger federal government relative to the state governments.  Justin and Cary welcome everyone to 2018.  The guys return to their feuding ways, and debate the importance of this paper in the modern world.

Mr. Hamilton returns and continues his campaign for a stronger, more centralized form of federal government.  Hamilton focuses on how one state's choice to disobey the authority of the federal government could cause a chain reaction throughout the union that could lead to the destruction of the whole.  Justin and Cary return in the final episode of 2017 to discuss Hamilton's analysis.  Enjoy.

Justin and Cary welcome Matt back to the podcast.  Hamilton returns to offer his services as a guide to the reader.  He then proceeds to list all of the embarrassments the nation was suffering at the time, and to point out that a law without consequence is really just a suggestion.  Numerous pop culture references make there way into the discussion, and in the end the guys agree that cake is always a good thing.

Mr. Madison is back to explain the difference between a republic and a democracy to those annoying Anti-Federalists who just can't seem to understand English.  Cary and Justin return as well.  The guys count down Madison's reasons of why the American form of government will prevail.  Cary takes Madison to task for his selective memory.  Echoes of Jay's arguments related to homogeny can be heard in this paper. Madison foresaw better roads in American's future, but did he also foresee the Hyperloop?  Did Madison also lay the groundwork for one unified world government?  These questions and more are answered as the guys get swept up in Madison's vigor. 

In this episode Cary discusses his recent trip to Washington D.C. and his thoughts in light of the current project.

Cary and Justin are back, and this time they've brought a friend!  Matt joins in to discuss Hamilton's arguments that “no well-informed man” can disagree with.  The ever budget conscious Hamilton points out that one strong federal government will be cheaper to manage than any number of small confederacies.  The discussion gets briefly side tracked due to the awesome superpowers of the Federal Farmer.  When they regroup, the guys wonder if Hamilton was the Nostradamus of his time.  Does Hamilton correctly point out some of the regional fault lines that surfaced in the Civil War?  Does Hamilton undercut some of the arguments of Jay by suggesting that there are regional differences in the population of American, and that there is a lack of homogeneity?  The guys address these questions and more in this episode!!

Cary and Justin continue their new found cooperative tone.  Cary discusses how America is standing at a crossroads.  On one side is the traditional notion of gold and silver as the sources of money and wealth.  On the other is the newly developing idea of wealth produced through economic trade.  Hamilton argues the benefits of America working as a trading block.  He makes the argument that the Atlantic Ocean provides a great barrier from European nations.  But is Europe really as far away as Hamilton suggests?  Justin baits Cary into discussing Rouge Island again.  Cary discusses smuggling ham among the States at the time.  It becomes clear that Justin is woefully unprepared to establish an elaborate ham smuggling syndicate.  In the end, Federalist No. 12 is all about taxes.  Who doesn't love taxes?

Cary and Justin are back after surviving their heated debate.  This time they actually agree with each other.  In this episode, Cary is quick to point out Hamilton's cockeyed optimism regarding the collective bargaining strength a newly formed United States would have under the Constitution.  Is Cary secretly anti-union?  Hamilton argues that if the nation can't assert itself on a global scale, then America will be relegated to passive commerce.  Cary points out America's woes after having had their own Brexit.  The guys discuss whether Hamilton is an early proponent of global capitalism, pirates, and how to properly build a model of the U.S. Constitution. 

Cary and Justin return with a heated debate.  In doing so, they cleverly divide themselves into factions when discussing Federalist No. 10 in which Madison discusses the impact of factions on the government.  The guys agree that factions are inevitable, but how do we handle them?  Madison was clear that a large democratic republic is necessary to protect the liberty of the individual or minority group from the tyranny of the majority.  Was Madison prophetic, or horribly misguided? The guys debate how Madison's theory holds up over time, and the best course to take in the modern political arena.

In this episode Cary and Justin answer listener questions.  Justin discusses what happened to Jay between Federalist No. 5 and No. 64.  Cary informs us all about what he was eating while recording an earlier episode.  The guys will return next time with their analysis of Federalist No. 10.

Don't forget everyone; Hamilton knows about Greece and Rome.  Hamilton begins his arguments in Federalist Paper No. 9 with another reference to Greek and Roman democracies to establish his historical “street-cred”.  He then points to how the science of politics has evolved, and how the Anti-Federalists have mischaracterized the arguments of Montesquieu.  The guys discuss Montesquieu, and how his ideas provided a foundation for the Constitution.  Justin points out Hamilton seems to suggest that while democratic theories at the time provided the Federalists with a foundation for the Constitution, in time the Constitution may provide future peoples with a similar starting point.  Hamilton argues that the Constitution allows the people to benefit from the advantages of a large federal system, but ensures we will avoid the trappings predicted by Montesquieu.  Cary asks, “Can we have our cake and eat it too?” 

In this episode Cary and Justin address Hamilton's concerns that if the States fail to unite, they will devolve into a state of perpetual militarization and war between themselves.  Cary discusses why large states like New York need to be concern with the smaller states.  Hamilton warns of the dangers of over militarization, and how this can lead to the suppression of liberty and personal freedoms.  Justin discusses how Hamilton's themes resonate today with the case of Rumsfeld vs. Padilla, and former President Eisenhower's Farwell address.  The guys disagree on whether Hamilton would be able to take the positions he advocates in Federalist No. 8 today.  Did the Napoleonic Wars negate Hamilton's position about how countries use their military forces?  Is Hamilton's message of unity still valid, and perhaps even more critical, today?  Cary turns away from Hamilton, and looks to The Leviathan and The Watchmen for answers.  In the end, the guys remind us, “There's no crying in [the geopolitical arena]!”

Can you hear us now Mr. Hamilton?  The guys are back with improved audio after having recovered from Hamilton's mental melee in Federalist No. 6.  In this episode, Justin and Cary discuss how the states at the time are like modern day children fighting over an iPad.  Hamilton references the Pennamite-Yankee Wars between the citizens of Pennsylvania and Connecticut as an example of why a stronger federal government is needed.  Justin questions if doing so was a blunder, or a bold strategic move.  Cary delves into New York's anger towards Vermont.  While Hamilton envisions arguments over the payments of debt, Cary sees the parallel to arguments over payments for college pizza.  Not so fast colonial Rhode Island!  The guys have plenty of vitriol for you as well!

Justin and Cary welcome Hamilton back to the debate.  Hamilton returns with a litany of historical references, and at times seems annoyed with having to spell things out for the Anti-Federalists.  The guys break through the references to Hamilton's basic arguments that individuals can cause nation states to have conflict with each other, and that the Anti-federalists are wrong to assume commercial republics are immune from war.  But has history proven the Anti-Federalists right?  Or at least more correct than Hamilton would have you believe?  Justin and Cary analyze whether Hamilton's references are effective.  In the end, Justin critiques Hamilton's debate style, and Cary concludes by congratulating Hamilton for overwhelmingly debunking the Anti-Federalists' weakest argument.

In this episode, John Jay walks right into the Anti-Federalists' critique after once again overselling a historical reference.  This time it's the Scottish union to England.  The Anti-Federalists respond on behalf of the proverbial “common man”.  Can Jay handle their populist arguments?  Jay warns of America's decent into another version of Europe, and argues how the powers of Europe at the time would have preferred a fractured America. He believes the Articles of Confederation sets America up for failure, while the Anti-Federalists claim “user error”.  The Anti-Federalists focus on diffusing power back to the people.  Cary points out that if Jay had time travel, he could have borrowed Justice Oliver Wendell Holmes' Bad-Man Theory to shut the Anti-Federalists down.  In the end, Jay earns a well deserved respite from Justin and Cary's continuous attacks. 

Contrary to modern economic theory, in Jay's mind, international markets are a zero-sum game.  There are winners, and there are losers.  Although Jay attempts to focus on economic concerns in No. 4, he just can't help but return to his foreign policy arguments.  He pays the price as Cary calls him out for rehashing his earlier points.  Cary dives into Jay's reference to “just causes of war” by explaining Thomas Aquinas' three factor test.  The focus shifts to foreign trade, debt, and the critical role of America's codfish industry.  As Cary aptly points out, there were not may W-2s issued at the time.  Who knew the codfish helped to secure our nation?   

In this episode, the doctors of NYC flee, shots are fired, and severe head trauma ensues (in 1788 no less)!  All of this before we find out how the Sultanate of Morocco ties into Federalist No. 3.  The guys continue their critique of Jay, allowing for only a modicum of relief due to his injuries, before attacking Jay's hypothesis that our new country will be led by philosopher kings and warrior poets.  The Anti-Federalists are heard to cry foul at Jay's straw man argument.  And in the end, Jay concludes by asking, “Does anyone really want to end up like Genoa?”     

After Justin launches an assault on John Jay's depiction of American life in October 1787, Cary has to come to Jay's aide.  While the guys agree with Jay's assertion that the thirteen states had rivers and traded goods, debate remains as to Jay's intent in his depiction of a homogonous citizenry.  Was John Jay a “man of his time” trying to appeal to commonality, or a purveyor of “alternate facts” who argues for a government based upon a homogeneous people? "Farwell [Mr. Jay]!, A long farwell to all [your] greatness!"

Justin and Cary discuss Hamilton's dramatic outline for the Federalist Papers, and read between the lines of Hamilton's Anti-Federalist spin as he lets you know the Anti-Federalists hate America.

Justin and Cary discuss the context of the Federalist Papers by highlighting events leading up to their publication. They also compare the Constitution advocated by the Papers to America's original governing document, The Articles of Confederation.

Practicing attorneys Justin and Cary discuss why they decided to examine the Federalist Papers, as well as talking about the structure of the podcast. A "behind the scenes" look at the inspiration for the podcast.