James Madison offered a walking tour of ancient greek government associations in F18, and fast forwards to his contemporary germanic empire in F19. I see, here, the clear evidence for a historiographical 400 level college course titled “The Federalist Papers and the Role of History in Late 18th Century America.”
One immediate takeaway is Madison’s letting history speak for itself. A good essay question for that college course would ask whether this is strictly Madisonian, or was his audience inclined to make the connection between history (and current events abroad) and the present controversy in America: the Constitution’s proposed structure of government.
That said, I suppose Madison isn’t really letting history speak for itself. It is true that he makes no direct “this-thus-this” analogy with the early American situation; but, his telling of history (his interpretation of history) betrays his point. For instance, speaking of the germanic empire:
The fundamental principle on which it rests, that the empire is a community of sovereigns, that the diet is a representation of sovereigns and that the laws are addressed to sovereigns, renders the empire a nerveless body, incapable of regulating its own members, insecure against external dangers, and agitated with unceasing fermentations in its own bowels.
One can see in Madison’s telling of history and his interpretation of current events the roots of current Originalist jurisprudence. And in both, the two (in my mind) dominant themes exist: (1) the earnest attempt to use historical and existing events to add knowledge to one’s present decision; and (2) the fallacy that one can evoke and discuss those events without fundamentally interpreting them.
