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The Franklin Constitution Series

What Did the Founders Get Right?

A Multi-Part Editorial Series by William Taylor Franklin

Political-agnostic analysis. Historically grounded. Focused on power, liberty, responsibility, and the machinery of government.

William Taylor Franklin14 min readPolitics

The Constitution was not created by men who trusted government.

It was created by men who understood it.

The Founders had lived under concentrated political power, fought a revolution against it, watched the first American system of government nearly fail, and then confronted an extraordinarily difficult question:

How do you create a government powerful enough to govern without making it powerful enough to become the very thing you fought against?

Their answer was the Constitution.

It was not simply a collection of rights or an expression of political philosophy.

It was a machine designed to control power.

Federalism divided authority between the national government and the states.

Separation of powers divided the federal government against itself.

Checks and balances deliberately created friction.

Representative government placed deliberation between public passion and public policy.

And the Bill of Rights established boundaries government was explicitly warned not to cross.

The system wasn't designed to eliminate political conflict.

It was designed to survive it.

That distinction is at the heart of The Franklin Constitution Series.

Rather than beginning with today's Republican and Democratic arguments and working backward, this series begins where the Founders did.

What problem were they trying to solve?

What had they experienced?

What were they afraid of?

Why did they choose the words they chose?

What did those protections mean then?

And perhaps most importantly:

WHAT DO THEY MEAN NOW?

The series begins with the Bill of Rights.

The First Amendment asks why a generation that had experienced government suppression considered speech, religion, the press, assembly, and petition so important that government was told simply: "Congress shall make no law…"

The Second Amendment examines a right that was never primarily about hunting. It explores the Founders' distrust of concentrated military power, the importance of the citizen militia, and today's difficult collision between gun rights, violent crime, public safety, and personal responsibility.

The forgotten Third Amendment appears almost irrelevant today. Americans aren't particularly worried about soldiers demanding accommodations in the guest bedroom. But underneath its antiquated language lies an extraordinarily modern question:

Where does government authority end and private life begin?

And that is only the beginning.

The Fourth Amendment brings us into searches, seizures, privacy, smartphones, surveillance, and government technology the Founders could never have imagined.

The Fifth and Sixth force us to examine due process, prosecution, punishment, and the enormous imbalance of power between an individual citizen and the government determined to convict him.

The Eighth asks what constitutes excessive or cruel punishment.

The Ninth and Tenth return us to one of the Constitution's most important — and increasingly contested — ideas:

Not every power belongs to Washington.

Throughout the series, we'll apply the same Franklin approach.

History first.

Data before ideology.

Examine the strongest arguments from both sides.

Follow the incentives.

Ask the uncomfortable questions.

Let the reader decide.

The objective isn't to prove that the Founders were always right.

They weren't.

Nor is it to judge eighteenth-century decisions solely through twenty-first-century political assumptions.

It is an attempt to understand something more interesting:

What did they get right?

What did they fail to anticipate?

What has survived?

What has been stretched beyond recognition?

And what principles written with quill pens remain surprisingly relevant in a world of artificial intelligence, smartphones, social media, drones, mass surveillance, trillion-dollar governments, and instant political outrage?

The Founders couldn't predict our technology.

They couldn't predict the size of our government.

They couldn't predict our political parties.

They certainly couldn't predict social media.

But they understood something that hasn't changed very much in more than two centuries.

Human nature.

People seek power.

People protect power once they acquire it.

Majorities become impatient with minorities.

Governments find criticism inconvenient.

Political parties defend powers when they control them and suddenly rediscover constitutional limitations when the other side takes office.

Technology changes.

Politics changes.

The players change.

Human nature doesn't.

And perhaps that is the most important reason the Constitution remains worth examining.

Not because the Founders knew what America would become.

But because they had a remarkably clear understanding of what people would remain.

About the author

William Taylor Franklin is the founder and editor of The Franklin Reviews. He writes on politics, economics, and ideas from an agnostician perspective — following evidence wherever it leads, regardless of ideology.

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