The Virtues of PropertyrnRestoring the Framers’ Constitutionrnby Stephen B. PresserrnSomewhere deep in their bones, Americans recognize lliatrnpropert}- is the paramount civil right—perhaps the paramountrnhuman right. Anyone who seriously studies Americanrnhistor}’, particularly that of the late 18th centur)’, will discoverrnthat property, along with virtue, provided the foundation forrnAmerican government, hideed, the preservation of properly isrnarguably the chief reason we have a federal Constitution.rnAsk toda)’s law students which concepts are mo.st fundamentalrnto American law and life, and the)- will tell you “equality andrndemocracy” —even though most of them are upper-middleclassrnpeople from solidly properhed families. However, if yournread the proponents of the Constitution —and their opponentsrnas well — you will discover that they abhorred equality andrnfeared democracy. True, they favored popular sovereignh —rnthe political correctness of their age—but thev were terrified ofrndemagogues who might seek to take awav their propert}’.rnThe Framers of the Constitution feared state legislaturesrnwere insufficiently devoted to the protection of private propert}’.rnThey were concerned that many state legislatures were dominatedrnby demagogues who, bent on redistribuhon of weahh,rnhad sponsored legislation to create paper money and to releaserndebtors from their obligations, which destroyed propert)- values,rnhurt commerce, and slowed the infusion of foreign capital.rnDuring the popular uprisings of the 1780’s, the courts in severalrnstates had shut down, n-iaking the enforcement of propert)-rnrights impossible. The Constituhon was designed to solve thesernproblems by granting the federal government control over currency,rnforbidding state legislatures from interfering with contractsrn(contract being a means of preserving and transferringrnproperty rights), and setting up a Supreme Court that could ensurernthat property and the rule of law were preserved.rnStephen B. Presser is the legal-affairs editor for Chronicles.rnHow did the Constitution guarantee properh’ rights? Andrnhow was it that those holding federal office were to be shieldedrnfrom the temptations to which those in state government hadrnsuccumbed? How could the federal government be staffedrnwith virtuous individuals capable of resisting the lure of lucrernand power? One solution was electing George Washington—arnveritable platonic form of virtue and honor—president, andrnthen hoping that everything worked itself out under his guidance.rnTo an astonishing extent, that is exactly what happened.rnWashington was a brilliant leader. He deferred to Hamilton,rnwho reinforced propert)- rights by funding the national debt atrnpar, creating a national bank to stabilize commerce, and suppressingrnthe Wiiskey Rebellion, demonstrating that the federalrngovernment woidd not allow the law- to be flouted as it had beenrnin the states before the Constituhon.rnThe more difficult task was to set up a governmental hierarchyrnthat would produce future Washingtons, so that the federalrnsystem would survive when the titans of our founding era wererngone. As Madison makes clear in the Federalist, men are notrnangels: Powers should be separated so that none might wieldrntoo much; and powers should be checked and balanced so that,rnif one branch of the govcrnn-ient fell into evil hands, the othersrncould correct any imbalance. ‘I’he president could veto congressionalrnlegislation, the Congress could impeach ai-id removernexecuhve officials or judges, and judges could determine thernconshtutionalih’ of acts of Congress and the executive.rnStill anotlier check on federal power was the concept of dualrnsovereignt)-, or federalism, which produced a government ofrnlimited and enumerated powers. The federal governmentrnwould be able to check some actions of the states, but the statesrnpossessed n-iost of die governmental authority, preventing thernfederal government from degenerating into absolute tyranny.rnAlmost every American high-school student (or at least tlio.sern20/CHRONICLESrnrnrn