Notes
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Outline
1
Framing the Constitution

Charles A. Beard
  • Charles A. Beard, who published his famous An Economic Interpretation of the Constitution in 1913, suggested that the Constitution was nothing more than the work of an economic elite that was seeking to preserve its property.


  •  This elite, according to Beard, consisted of landholders, creditors, merchants, public bondholders, and wealthy lawyers. Beard demonstrated that many of the delegates to the convention fell into one of these categories.
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Goal to Limit Popular Majorities
  • According to Beard’s thesis, as the delegates met, the primary concern of most of them was to limit the power of popular majorities and thus protect their own property interests.


  • To Beard, the anti-majoritarian attributes that he felt existed in the Constitution were a reflection of the less numerous creditor class attempting to protect itself against incursions by the majority.
3
Constitution Protects Property
  • Specific provisions as well were put into the Constitution with a view toward protecting property, such as the clause prohibiting states from impairing contracts, coining money, or emitting bills of credit.


  • Control over money was placed in the hands of the national government, and in Article VI of the Constitution it was provided that the new government was to guarantee all debts that had been incurred by the national government under the Articles of Confederation.
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Beard v. Roche
  • Ironically, Beard, like Roche, was attempting to dispel the prevailing notions of his time that the Constitution had been formulated by philosopher kings whose wisdom could not be challenged.


  • But while Roche postulates a loosely knit practical political elite, Beard suggests the existence of a cohesive and even conspiratorial economic elite. The limitation on majority rule was an essential component of this economic conspiracy.
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Evidence Does Not Support Beard
  • Beard’s thesis was startling at the time it was published in 1913. As it came under close examination, it was revealed that the evidence simply did not support Beard's hypothesis.


  • Key leaders of the convention, including Madison, were not substantial property owners. Several important opponents to ratification of the Constitution were the very members of the economic elite that Beard said conspired to thrust the Constitution upon an unknowing public.