Because the opponents of the Constitution did not agree in their objections, they were not as organized as its advocates. However, most anti-Federalists focused their criticisms on the absence of a bill of rights and on Congress. In particular, they argued that Congress’s powers were undefined, that Congress was too small, and that it would be composed of elites who would not represent ordinary people. The vast majority of anti-Federalist writing did not focus on the presidency. “Cato,” of New York, is an exception. (Like many of those engaged in the debate over ratification, this author wrote under a penname. While scholars have not conclusively determined who Cato was, a leading contender has long been George Clinton, the first and longest tenured governor of New York State.) Cato warned that the elective nature of the presidency would enhance the president’s formal powers under the Constitution. Because the president would be able to appoint ministers, he would be able to create a court of elites who would then dominate ordinary people. Moreover, Cato worries that the length of the president’s term of office, combined with the absence of a term limit, would make the president even more powerful. Notice also that Cato predicts the scenario that happened in 1824, when the selection of the president was thrown into the House—no candidate having won a majority in the Electoral College—and the House chose the person who did not win the most Electoral College votes.
Source: The New York Journal, January 3, 1788.
…I shall begin with observations on the executive branch of this new system; and though it is not the first in order, as arranged therein, yet being the chief, is perhaps entitled by the rules of rank to the first consideration. The executive power as described in the 2d article, consists of a president and vice-president, who are to hold their offices during the term of four years; the same article has marked the manner and time of their election, and established the qualifications of the president; it also provides against the removal, death, or inability of the president and vice-president—regulates the salary of the president, delineates his duties and powers; and lastly, declares the causes for which the president and vice-president shall be removed from office.
Notwithstanding the great learning and abilities of the gentlemen who composed the convention, it may be here remarked with deference, that the construction of the first paragraph of the first section of the second article, is vague and inexplicit, and leaves the mind in doubt, as to the election of a president and vice-president, after the expiration of the election for the first term of four years—in every other case, the election of these great officers is expressly provided for; but there is no explicit provision for their election in case of the expiration of their offices, subsequent to the election which is to set this political machine in motion—no certain and express terms as in your state constitution, that statedly once in every four years, and as often as these offices shall become vacant, by expiration or otherwise, as is therein expressed, an election shall be held as follows, etc.—this inexplicitness perhaps may lead to an establishment for life….
…It is remarked by Montesquieu, in treating of republics, that in all magistracies, the greatness of the power must be compensated by the brevity of the duration; and that a longer time than a year, would be dangerous. It is therefore obvious to the least intelligent mind, to account why, great power in the hands of a magistrate, and that power connected, with a considerable duration, may be dangerous to the liberties of a republic—the deposit of vast trusts in the hands of a single magistrate, enables him in their exercise, to create a numerous train of dependents—this tempts his ambition, which in a republican magistrate is also remarked, to be pernicious and the duration of his office for any considerable time favors his views, give him the means and time to perfect and execute his designs—he therefore fancies that he may be great and glorious by oppressing his fellow citizens, and raising himself to permanent grandeur on the ruins of his country.—And here it may be necessary to compare the vast and important powers of the president, together with his continuance in office with the foregoing doctrine—his eminent magisterial situation will attach many adherents to him, and he will be surrounded by expectants and courtiers—his power of nomination and influence on all appointments—the strong posts in each state comprised within his superintendence, and garrisoned by troops under his direction—his control over the army, militia, and navy—the unrestrained power of granting pardons for treason, which may be used to screen from punishment, those whom he had secretly instigated to commit the crime, and thereby prevent a discovery of his own guilt—his duration in office for four years: these, and various other principles evidently prove the truth of the position—that if the president is possessed of ambition, he has power and time sufficient to ruin his country.
Though the president, during the sitting of the legislature, is assisted by the senate, yet he is without a constitutional council in their recess—he will therefore be unsupported by proper information and advice, and will generally be directed by minions and favorites, or a council of state will grow out of the principal officers of the great departments, the most dangerous council in a free country.
The ten miles square, which is to become the seat of government, will of course be the place of residence for the president and the great officers of state—the same observation of a great man will apply to the court of a president possessing the powers of a monarch, that is observed of that of a monarch—ambition with idleness—baseness with pride—the thirst of riches without labour—aversion to truth—flattery—treason—perfidy—violation of engagements—contempt of civil duties—hope from the magistrate’s weakness; but above all, the perpetual ridicule of virtue—these, he remarks, are the characteristics by which the courts in all ages have been distinguished.
The language and manners of this court will be what distinguishes them from the rest of the community, not what assimilates them to it, and in being remarked for a behavior that shews they are not meanly born, and in adulation to people of fortune and power.
The establishment of a vice-president is as unnecessary as it is dangerous. This officer, for want of other employment, is made president of the senate, thereby blending the executive and legislative powers, besides always giving to some one state, from which he is to come, an unjust pre-eminence.
It is a maxim in republics, that the representative of the people should be of their immediate choice; but by the manner in which the president is chosen he arrives to this office at the fourth or fifth hand, nor does the highest vote, in the way he is elected, determine the choice—for it is only necessary that he should be taken from the highest of five, who may have a plurality of votes.
Compare your past opinions and sentiments with the present proposed establishment, and you will find, that if you adopt it, that it will lead you into a system which you heretofore reprobated as odious. Every American whig, not long since, bore his emphatic testimony against a monarchical government, though limited, because of the dangerous inequality that it created among citizens as relative to their rights and property; and wherein does this president, invested with his powers and prerogatives, essentially differ from the king of Great-Britain…[?] [T]he direct prerogatives of the president, as springing from his political character, are among the following:—It is necessary, in order to distinguish him from the rest of the community, and enable him to keep, and maintain his court, that the compensation for his services; or in other words, his revenue should be such as to enable him to appear with the splendor of a prince; he has the power of receiving ambassadors from, and a great influence on their appointments to foreign courts; as also to make treaties, leagues, and alliances with foreign states, assisted by the senate, which when made, become the supreme law of the land: he is a constituent part of the legislative power; for every bill which shall pass the house of representatives and senate, is to be presented to him for approbation; if he approves of it, he is to sign it, if he disapproves, he is to return it with objections, which in many cases will amount to a complete negative; and in this view he will have a great share in the power of making peace, coining money, etc. and all the various objects of legislation, expressed or implied in this Constitution: for though it may be asserted that the king of Great-Britain has the express power of making peace or war, yet he never thinks it prudent so to do without the advice of his parliament from whom he is to derive his support, and therefore these powers, in both president and king, are substantially the same: he is the generalissimo of the nation, and of course, has the command and control of the army, navy, and militia; he is the general conservator of the peace of the union—he may pardon all offences, except in cases of impeachment, and the principal fountain of all offices and employments. Will not the exercise of these powers therefore tend either to the establishment of a vile and arbitrary aristocracy, or monarchy? The safety of the people in a republic depends on the share or proportion they have in the government; but experience ought to teach you, that when a man is at the head of an elective government invested with great powers, and interested in his re-election, in what circle appointments will be made; by which means an imperfect aristocracy bordering on monarchy may be established.
You must, however, my countrymen, beware, that the advocates of this new system do not deceive you, by a fallacious resemblance between it and your own state government, which you so much prize; and if you examine, you will perceive that the chief of this state, is your immediate choice, controlled and checked by a just and full representation of the people, divested of the prerogative of influencing war and peace, making treaties, receiving and sending embassies, and commanding standing armies and navies, which belong to the power of the confederation, and will be convinced that this government is no more like a true picture of your own, that an Angel of darkness resembles an Angel of light.
A. According to Cato, what will enhance the formal powers of the presi-dent? What is wrong with the procedures for electing the president and vice-president? What does he find fault with in the provision for a vice-president?
B. Do Cato and Publius (in The Federalist) have in mind the same kind of United States? Were Cato’s concerns about the language of Article II misplaced? Did he, for example, anticipate Senator Henry Clay’s critique of President Andrew Jackson (Speeches on the Removal Power), or the difficulties Congress in the twentieth century would face in holding on to the war power (Youngstown Sheet & Tube Co. v Sawyer and the War Powers Resolution)?
- Cato imperfectly quotes Montesquieu, Spirit of the Laws, Book III, which lists the vices typical of a monarch’s courtiers. Rather than “hope from the magistrate’s weakness,” Montesquieu notes the “fear of a prince’s virtue [and] hope from his [moral] weakness.”
- Cato is referring to the contingency election in the House, whereby the House chooses from the top five candidates in the event no candidate receives an Electoral College majority. The Twelfth Amendment reduces this number to three.