WE ARE ALL FACTIONS NOW
I received several messages related to my columns on America celebrating its 250th anniversary and the ODA celebrating its 160th anniversary this year. Several of you commented on the commonalities between the history of our country and the dental profession in America. This month’s column continues with that theme.
During the celebrations related to the 250th anniversary of America, much attention has been paid to Thomas Jefferson, who wrote the Declaration of Independence clearing the way for the creation of our Republic. Similarly, the immense popularity of the Broadway show “Hamilton” has generated intense interest in Alexander Hamilton.
Both of these American founders played significant roles in U.S. history. Jefferson’s words in the Declaration of Independence fueled the spirit that led to the American Revolution and eventually freedom from British rule and American independence. Jefferson was eventually elected as the third president of the U.S. – following George Washington and John Adams – and his accomplishments as president included the Louisiana Purchase which nearly doubled the size of our nation.
Alexander Hamilton possessed a more advanced understanding and forward-looking approach to economic and financial matters than most of the other American founders. His ideas helped to lay the groundwork for America’s capitalist system, which has created historic economic growth and prosperity over the last 250 years – not just in America but across the globe.
But it was a different founding father who led the efforts to develop America’s political system though the creation of the U.S. Constitution. While Jefferson is largely remembered as a revolutionary and idealist who had supreme skills as a rhetorician, and Hamilton is remembered for the impact he had on economics and finance especially during his time as Secretary of Treasury under President George Washington, James Madison is considered more of a realist who used his creativity to help develop the practical structure of the American government.
Madison faced the challenge of creating a system that allowed the new federal government to be strong enough to be effective. The Articles of Confederation which had been in place from 1781 to 1789 failed largely because the federal government was too weak especially as it related to raising revenue, regulating trade, and providing for a common defense. At the same time, Madison knew that the American political system needed to protect against an overreaching federal government that could infringe upon individual rights. He was well aware that the former colonies had just fought a war with Britain because of the Crown’s overreaching.
Against this backdrop, one of Madison’s other prescient insights was his belief that in a representative democracy “factions” would inevitably develop and that America’s political system must be able to protect against any single faction gaining too much power.
In Federalist Number 10, Madison defined his version of “faction” as “a number of citizens” who are “united and actuated by some common impulse of passion or of interest.” In today’s terms we might call them “special interests.” Of course, special interests are often viewed negatively today – just as they were in Madison’s time. Madison knew that people were often driven by self-interest and not necessarily the common good. He also knew that any attempt by government to restrict or directly control factions would infringe upon individual liberty, including restricting the rights of speech and assembly, resulting in far more damage than factions themselves were likely to cause.
As law professor Jonathan Turley writes in his recent book, “The Indispensable Right: Free Speech in the Age of Rage,” Madison chose not to restrict speech rights in order to control factions because he knew that it is better to have factions operate openly in the marketplace of ideas as opposed to plotting revolution against an overreaching government in private.
Today we have a plethora of special interests operating in America. Labor unions, chambers of commerce, churches, atheists, traditional values organizations, LGBTQ+ groups, AARP, insurance industry associations, etc. are all special interests, or as Madison would call them “factions,” that engage in advocacy on behalf of their constituents and their agendas. And it is all out in the open.
In many ways the ODA and organized dentistry could be considered a special interest group since we vigorously advocate for the dental profession and promote oral health care for patients and the public.
In fact, almost everyone belongs to a special interest group in today’s world. They just don’t think of it that way. As Madison predicted, special interests have existed throughout American history. They are a natural phenomenon in a representative democracy.
Madison, who is now known as the “Father of the Constitution,” knew that in a democratic republic that is made up of broad and diverse populations and interests, it would be unlikely that any faction would become so powerful as to present a danger to other citizens or the Republic. Madison also insisted on a system of checks and balances that would require significant and broad support across multiple legislative bodies and the executive branch in order to achieve legislative change. Most state governments were modelled after the federal system to provide similar checks and balances.
In the end, this design makes enacting legislation difficult. At times that may seem inefficient. But Madison knew that efficiency was not the goal of the Constitution. Protection of individual liberty – whether from overreaching government or uncontrolled factions – was.
The system Madison and the other founders designed preserves democratic representation while also protecting individual rights. It hasn’t always been pretty, but that delicate balance continues today – 250 years after the American Revolution.
