Reason and Passion

These two (very broad and general) senses were of top importance to the founders of our great Nation. They taught that these two forces were constantly at play within the human spirit causing us to act upon the world to both good and bad effect.

Reason ought to prevail in matters of general welfare and, thus, in matters of Government. Passion hasn’t much place in the Government. The Federalist and Anti-Federalist Papers are among the best political writings of all time. They in great deatail explain the necessary, the sufficient, the negative requirements as well as productions of the systems of Government under which humans had lived to that point. They, then, explain - also in great detail - a new system of government that would become the system under which we live today in these United States.

Our founders surmised that pure Democracy devolves into a constant swinging of statutory measures. these swings move with the Passions of the ever-changing majority leading to the tyranny of the many. Our founders also concluded that the pure Republic could lead to the tyranny of the few. Of course, a feudalistic, aristocratic, theologic, noble, or royal Government would fall to similar Passions and devolve into Tyranny. They supposed there must be some way to take the good parts of all forms of Government and give Reason the best chance of prevailing. Here, our form of Government is born.

To bring Reason ahead of Passion, we combine all systems in clever ways. We use the Democracy to give Reasonable consent to be governed. If the majority wants a Government, then a Government shall exist; if the majority wants anarchy, then so too we shall have it. We use the Republic to give a distilled and Reasonable voice to the Passions of the people. The people elect by majority a representative; that representative is then sent to the Halls of Government to voice the collective opinions of the constituency. In so doing, we have taken the ever-swaying Passions of the people and separated those Passions from the Government under the authority of the Legislature.

When power becomes necessary to hold order and protect individuals, we take from the more Tyrannical forms of Government to uphold law and order. A lawful order from a Police Officer places a person under a strict and abiding suspension of Civil Rights and Liberties. If the system calls one to Justice, one must answer; this is the Government side of the Doctrine of Equal Protection Under the Law. To balance this, we have provided for the doctrine of Due Process of Law to allow one so called to Justice to defend oneself against a potential Tyranny conducted by Law Enforcement. Law Enforcement is Passion and Power based under authority of the Executive, Due Process bends only to Reason behind Judge and Jury under the Authority of the Judiciary.

Then, at final cause our Founders have provided that any powers not so invested into the Government are retained by We, the People. The Government is positively empowered rather than negatively weakened. That is to say, their powers are strictly enumerated rather than strictly taken. This gives to We, the People, and the States all the powers that the Federal Government is not given by express, written permission. these are our 9th and 10th Amendments to the Constitution.

Humans are full of Reason and full of Passion. There are times when either may be of good use. Governments and laws should change only on Reason; protection and duty may be more deftly applied through the use and application of Passion. Our system of Government allows the expression and temperament of both these human motivations toward a great end.