Emergence of the American Military Power


Have you ever wondered where the military power of the United States came from? We haven’t always been a super power capable of destroying our enemies, our friends, and ourselves.  For most of the early years of the American republic we had to rely on allies to assists us in our military campaigns. The French aided us in the American Revolution, although we did have minor successes prior to their entry into the war. We fought to a stalemate with the English during the War of 1812, yet our Nation’s Capital was burned down.

We were able to defeat the Mexicans during the Mexican-American War, but we still weren’t a super power. We had to rely on the British to enforce the Monroe Doctrine, which stated that the Western Hemisphere is closed to European Colonization. Yet, one event in American History stands alone as ushering in the advent of American military supremacy.

During the Civil War advancements in technology were made that made obsolete all other militaries in the world. The mini ball made for more accurate gun fire, destroying a military fighting style that had spanned centuries. The CSS Hunley was only the second major attempt by Americans to create submarine power (the USS Turtle was used during the American Revolution, which was a one man submarine that operated on a similar concept as the Hunley.) And ultimately, the clash of the Iron Clads (CSS Merrimack & USS Monitor) made all other navies in the world obsolete. By the end of the Civil War there were over 1 Million soldiers in America’s Army. Within a couple years that number would drop significantly to 125,000 military personal.

In the wake of the Civil War and the assassination, and attempted assassination, of President Abraham Lincoln, Vice President Andrew Johnson and Secretary of State Seward two nations attempted to capitalize on a war torn nation. Emperor Louis Napoleon III had fashioned himself as a French Andrew Jackson, but like his famous ancestor became an Emperor. With the coup that destroyed the French Second Republic, Napoleon sought to take advantage of a perceived weak America.

Napoleon conspired with the Arch-Duke Maximilian of Austria to take over Mexico and create an Empire that would threaten the existence of the United States. Secretary Seward recovered from a carriage accident and being stabbed in a failed assassination attempt the night Lincoln was shot by Booth to challenge Napoleon’s plan. General Grant sent 50,000 soldiers and General Sheridan to the Texas-Mexican border to secure America from an attack. In the mean time Seward sent General Schofield to deter Napoleon from his plan. Publicly Seward published a letter to the Emperor that was more diplomatic than what Schofield was sent to deliver. Napoleon backed down and the Mexicans murdered the Arch-Duke.

In the mean time, the British were attempting to secure Canada from the United States. War was England was eminent during the Civil War, it was only Ambassador Charles Francis Adams  (Son of John Q. Adams and grandson of John Adams) that helped prevent war from breaking out. The British, Sir John A.  MacDonald created a plan to create the Kingdom of Canada, a confederacy of the Canada territories. When northerners along the border cried for war, the English monarch Queen Victoria signed into law a bill creating the Dominion of Canada; regardless, the damage was done and a permanent reminder of the English monarchy was created. And in a major coup for the United States, Secretary of State Seward purchased Alaska from the Russians. This purchased, declared “Seward’s Folly” and “Seward’s Ice Box” was actually a tactical victory for the United States. With Alaska, the United States surrounded Canada from the South and the West. The arctic circle to the north meant that Canada only had it’s Eastern boarder free from America. In the event of a war with England, the United States could secure Canada and blockade it’s Eastern shore ports.

The United States came out of the Civil War a military power house. Over the next thirty years the US would continue to grow stronger as the industrial revolution took hold. By the time the United States went to war with Spain she had one of the strongest navies in the world, and was able to defeat the once mighty Spanish. Following the destruction of Europe in World War I, the United States stood as the most complete and most powerful military in the world. It wouldn’t be until the end of the Second World War that the U.S. was officially a super power, with enough fire power to destroy the world.

Roman Foreign Policy between 264 and 146 B.C: Why They Fought


From the First Punic War through the Third Punic War there was much change in the reasoning for Rome going to war.  Roman conquest of Italy in the years leading up to the First Punic War gave the Romans confidence about their military power. Their success at unifying most of Italy under the Roman banner must have given them an adrenaline rush to spur them into a war with Carthage in an attempt to take Sicily. Successive wars appear to have been encouraged by Roman desire to dominate trade throughout the Mediterranean world.

Roman involvement in the First Punic War was spurred on by ambition to add Sicily to their territory. The Second Punic War and the wars with Greece were brought on primarily through a desire to dominate trade.  The wars with Spain and the Third Punic War, however, appear to harken back to the desires which spurred on the First Punic War and the Italian wars.

According to Polybius, the First Punic War marked the first time the Romans engaged in sea warfare. Whether or not this is completely true or not does not detract from how important such an idea is to the motives of going to war. There is little doubt that the Romans probably engaged in at least some minimal trade prior to this war. Yet Polybius’ account of the construction of wartime vessels demonstrates that the Romans most likely had not yet engaged in naval battles[1]. If this account is true then the motives for going to war over Sicily were not about trade, at least not entirely. To some degree Rome must have sought to have dominion over Sicily and to remove foreign influence in Italy all together. Polybius’ account of the treaty between Rome and Carthage, which ended the First Punic War, gives further credence to the idea Rome was not fighting for the sole purpose of trade. Polybius says, “’The Carthaginians to evacuate the whole of Sicily…. The Carthaginians to give up to the Romans all prisoners without ransom. The Carthaginians to pay to the Romans by installments in twenty years 2,200 Euboen talents’’[2] Polybius also accounts that the Roman people demanded, “they reduced the time of the payment by one half, added 1,000 talents to the indemnity, and demanded the evacuation by the Carthaginians of all islands lying between Sicily and Italy.”[3] These accounts given by Polybius support the belief that Rome’s first conquest outside of Italy was spurred on by a desire to continue unifying Italy, or at least to expand the territory they possessed.

The Second Punic War and the wars subsequently with Greece on the other hand were almost entirely about improving trade and Roman economic status. The Second Punic War was triggered by Carthaginian interference with a Roman ally in Spain. While the sources concerning the war do not directly demonstrate that this war was about economic gain through trade, it is clear through the terms of the treaty that the war was at least on some level about trade. Polybius once again demonstrates, “they were to surrender their ships of war, with exception of ten triremes.”[4] Without their former naval power the Carthaginians would be hard pressed to continue trading on such a scale as they once enjoyed. This left Rome as the most dominate naval power in the Western Mediterranean both militarily and trade wise. Without war ships the Carthaginians could not protect their trading vessels from pirates and other warring states.

With the Western Mediterranean locked up Rome focused her attention on the Eastern half. Rome’s attempt to subdue the Eastern Mediterranean was not so much like their attempts in the West. Unlike the West, the Romans did not seek to have dominion over the East. Instead the Romans sought to dismantle the alliances and empires throughout the Eastern Mediterranean. By doing this Rome was successful in destroying the economic power of the East. Their tactics with the East resemble in some manner their attempts in Italy to subdue the Latin tribes.

The Third Punic War and the wars with Spanish tribes appear to be more about revenge and expansion of the Empire than about acquisition of wealth. Carthage had been the nail in the Roman’s side for better part of a century. When they finally broke the Treaty of Zama the Romans found the opportunity to finally put Carthage away for good. With Carthage completely destroyed the Romans were able to take dominion over all of North Africa and eliminated the only threat to Roman dominance in the Western Mediterranean for good. If for nothing else the Roman destruction of Carthage demonstrated for her enemies that Rome could, if brought to bear, annihilate any and all foes. The Third Punic War demonstrates an almost entirely unique episode in Roman foreign policy between 264 and 146 B.C. It was not about acquisition of land, nor of furthering trade. Rather the Third Punic War was about revenge for the Romans.

In Spain however, the attempts by the Romans were almost entirely over conquest of land. Unlike Carthage and the Eastern Mediterranean, Spain was not governed by formal empires or kingdoms. With the ever expanding population in Italy, the Romans needed more space for citizens. Spain was the prime location after the Second Punic War. Unfortunately for the Romans the Spanish tribes were troublesome and required a full on assault to attempt to subdue Spain; even then, the Spanish tribes were not completely subdue until the time of Caesar Augustus. Yet Rome’s conquests in Spain were necessary in order to provide more land for her citizens. Not only was this, but Spain was rich in minerals, specifically in silver which was important to the Romans.  However, the Roman desire to conquer Spain was not primarily out of a desire to exploit Spain but rather to incorporate it.

Rome’s foreign policy from 264-146 B.C. was spurred on by two primary motives: expansion and trade. Ultimately, however, the Romans desired to create a Mediterranean wide empire. The true motive behind the Roman foreign policy was simply and purely imperialism. While their foreign policy began with an attempt to have more sovereignty, such as in the First Punic War, it ultimately landed on the need and desire for more territory as was the case in the Spanish wars.


[1] Naphatali Lewis and Meyer Reinhold, Roman Civilization, vol. 1, Selected ReadingsThe Republic and the Augustan Age, 3rd ed. (New York: Columbia University Press, 1990), 159-160

[2] Lewis 161.

[3] Lewis, 162.

[4] Lewis, 180

The Nature of Government and of the United States as Affecting the Right to Secession


The question of Secession was raised immediately after the first Southern states began to leave the Union. President Abraham Lincoln ordered Federal troops to invade the South in hopes of unifying the nation. Following the war, Orestes Brownson wrote on the issue of whether or not Secession was in fact legal or constitutional. Secession is not constitutional, as Orestes Brownson argues in the American Republic, on the grounds that government itself is indissoluble.

Orestes Brownson divides his argument against Secession into four major themes: the origins of government, the constitution of government, the United States, and the United States Constitution. These four main arguments supply the basis upon which Brownson argues that secession is unconstitutional. In order to understand why secession is unconstitutional, it is necessary to examine Brownson’s four main arguments first.

The circumstances surrounding the secession of the southern states in 1860 stem from a long argument concerning which was superior, the state or federal government. The necessity of government and man’s place in society is self evident according to Brownson who argues, “Hence as man is nowhere found out of society, so nowhere is society found without government.”[1] As such, the question over whether or not man belongs in society and whether or not society requires government is put to rest by Brownson. From the ancient Greek philosophers Plato, Xenophon and Aristotle to the Enlightenment philosophers Thomas Hobbes, John Locke and Jean-Jacque Rousseau the question of the origins of society and government have been argued.

Yet these philosophers do agree on at least a handful of axioms of government and man’s loyalty to government. Brownson sums up the responsibilities of government by stating:

“[Government] defines and protects the right of property, creates and maintains a medium in which religion can exert her supernatural energy, promotes learning, fosters science and art, advances civilization, and contributes as a powerful means to the fulfillment by man of the Divine purpose in his existence.”[2]

These axioms are agreed upon by most political philosophers throughout time, although the specific aim of government may be different. But as long as these are maintained and protected, the individual person in society is obligated to remain loyal to the society and government. As Thomas Hobbes might agree, a duly instituted regime has the authority to do as it pleases. However, if it fails to protect the people it is no longer legitimate. Tyranny is never legitimate. We are required to remain loyal as long as our liberty is secure.[3]

Yet, while the majority of political philosophy agrees that there are certain responsibilities of both society and the citizen, the origins of government differs drastically from one philosopher to the next. The six origins of government according to Brownson include:

Government originates in the right of the father to govern his child.

It originates in convention, and is a social compact.

It originates in the people, who, collectively taken, are sovereign.

Government springs from the spontaneous development of nature.

It derives its right from the immediate and express appointment of God.

From God through the Pope, or visible head of the spiritual society

From God through the people

From God through the natural law[4]

The first of these origins is taken directly from two sources, the first is Aristotle and the second is Sir Robert Filmer. Aristotle’s argument, stemming from book one of the Politics, demonstrates that the origins of society and government come from the family. Aristotle argues that because people wish to mimic the gods, they favor monarchy as their choice of government with the family ruled by the father, the village ruled by the eldest male, and the city ruled by the king. While Aristotle admits that other forms of government do exist, and may in fact be more desirable than monarchy, people will still naturally yearn for monarchy. This argument is also connected to Divine Right of Kings set forth most completely by Sir Robert Filmer.  Sir Robert Filmer, in his Patriarcha, makes an argument in favor of Divine Right monarchy stemming first from Adam’s sovereignty over his children. Brownson, however, disagrees both with Aristotle and Filmer by rejecting monarchy in favor for republican government. . “The distinctive mark of republicanism is the substitution of the state for the personal chief, and public authority for personal or private right.”[5] Governments based on the principle of fatherhood are despotic. Republicanism is the true government because the rulers rule for and on behalf of the state. Rulers who are proprietors of the land are not rulers. Aristotle is most famous for putting forth the argument that government stems from the family, is critiqued with the moderns who reject paternal rule. One must rule for the sake of the commonwealth.

Following the classical understanding, Brownson critiques the modern understanding of government as being a social compact. “The state, as defined by the elder Adams, is held to be a voluntary association of individuals. Individuals create civil society, and may uncreate it whenever they judge it advisable.” Brownson rejects the concept that society can be established and abolished at will and calls America out, “Prior to the Southern Rebellion, nearly every American asserted with Lafayette, ‘the sacred right of insurrection’ or revolution…”[6] However, sovereignty cannot be relinquished, neither by a state/nation nor by a person. The Enlightenment holds that people are sovereign in a state of nature and that they give up part of that sovereignty when they enter society. “But individuals cannot give up what they have not, and no individual has in himself the right to govern another.” Modern political philosophers suppose a state of nature, which supposes a social contract. Brownson rejects the social contract because man cannot willingly forfeit his rights and because man is bound into society. Furthermore, men in nature fail to be able to acquire the knowledge necessary to create a civil society.

While there are still four other origins of government according to political philosophy, the first two are the most important for the United States. The United States was born out of the modern understanding of government, the only enlightened government. The United States, as a result, was an independent nation and a republic before it declared independence from England. Brownson’s arguments against the ancient and modern assertion of the origins of government indicate that the United States as a society had to exist prior to the revolution. However, the question is not whether there is a United States but whether it formed as a collection of sovereign, independent nations or whether it formed as a single whole. The same principle applies to the society as it does to the individual: a sovereign society cannot give up its sovereignty. If this is the case, then the several states never gave up their sovereignty and the United States as a single entity never existed. Brownson argues against the individual sovereignty of the states by stating, “The colonies were all erected and endowed with their rights and powers by one and the same national authority, and the colonist were subjects of one and the same national sovereign.”[7]However, if the United States exists as a single entity it would be impossible for the states to be independently sovereign.[8] Thus, if the United States is a society, then the states would be inferior to the federal government. In this instance, the states would not be capable of secession from the Union because they are not sovereign nations in themselves.

The American Constitution, therefore, is the only element left in determining whether or not the southern states had a right to secession in 1861.   As discussed in his chapter on the origins of constitutions, a constitution is not something created, as man is a creature not a creator. Under the auspices of this same argument, the U.S. Constitution is understood by Brownson as, “Two-fold, written and unwritten, the constitution of the people and the constitution of the government.”[9] This unwritten constitution is what Brownson refers to as the Providential constitution. To Brownson, this Providential constitution is not something created but rather comes into existence along side the nation.[10] The American Providential constitution is unique to the United States and never seen elsewhere in the world. Our Constitution is made up of both sovereign and dependent states, and is neither a confederacy nor centralized state.[11] We are still yet one people divided into states but still united. “The Union and the States were born together, are inseparable in their constitution…”[12] The United States Constitution declares the American people as, “We the people of the United States…” And as such, the American people are united together rather than a loose confederacy of sovereign nations with mutual interests.[13]

The origins of the American system and the nature of the American Constitution are seen most clearly through Brownson’s understanding of territorial democracy. The thirteen original colonies that formed together as the United States of America did not exist under their own authority. They were created by the authority of the King of England and joined together as United Colonies under the authority of the Continental Congress. The various states that have come into the Union since the creation of the United States Constitution can only do so under the authority of the United States Congress.[14] The individuals living within a given territory are granted democracy within their given territory, but that territory does not have sovereign authority. Rather, it is subject totally to the United States Congress. The people living in the territory, “are subjects of the United States, without any political rights whatever, and, though a part of the population, are no part of the sovereign people of the United States.”[15] Or more simply put, are not citizens. The people of the territory are given the authority by the United States to, “meet in convention, draw up and adopt a constitution declaring or assuming them to be a State, elect State officers, senators, and representatives in the State legislature, and representatives and senators in Congress, but they are not yet a state.”[16]

Thus, when a territory becomes a State and the people of that territory go from being subjects to citizens of the United States that State only exists by the will and authority of the United States Congress. None of the States exist by themselves with sovereign authority. Brownson demonstrates this time and again as showing that society and government are not created and that the United States is the sovereign and not the individual states. As a result, Secession of the various states in 1861 could not be legally permitted as they had no authority independent of the United States to secede from the Union. From the time the first colonies were settled to when the territories became states, the individual states depended upon an outside authority for their creation. As such, outside the Union they are not states.

[1] Brownson, Orestes. The American Republic. ( Delaware: Intercollegiate Studies Institute, 2003) pg. 12

[2] Ibid. 13

[3] “But it is never lawful to resist the rightful sovereign, for it can never be right to resist right, and the rightful sovereign is the constitutional exercise of his power can never be said to abuse it.” Ibid. 17

[4] Ibid 19-20

[5] Ibid. 23

[6] Ibid. 34

[7] Ibid. 136

[8] “If the several States of the Union were severally sovereign states when they met in the convention…” Ibid. 127

[9] Ibid. 141

[10] Ibid. 141, “It is Providential, not made by the nation, but born with it.”

[11] Ibid 141, “The unwritten or Providential constitution of the United States is peculiar…”

[12] Ibid 144

[13] Ibid. 145 “united, not confederate States.”

[14] Ibid. 145 “Even then it was felt that the organization and constitution of a State in the Union could be regularly effected only by the permission of the Congress; and no Territory can, it is well know, regularly organize itself as a State…”

[15] Ibid. 146

[16] Ibid. 146


How the Constitution provides for energy and stability while maintaining liberty and republicanism through separation of powers.


Energy and stability have been the greatest questions in government since the ancients first developed the polis. Prior to the United States, no country made better efforts to perfect the art of separation of powers than England has made. Publius describes in Federalist 37 the need for stability and energy in the new government, while at the same time protecting the liberty of the people and the republican way of life. The Constitution of 1787 achieves these aims through a separation of powers between the three branches of the Federal government and the specific make up of the departments.

In order to understand Publius’ argument better, it would be best to take his argument in Federalist 37 first, followed by his discussion of the relationship between the three branches of government. Lastly I will view his discussion of the specific make up of the various branches of the United States Government.

Publius argues for the necessity of a separation of powers in the new government in order to provide for the necessary stability and energy in government while protecting liberty and republicanism. In order to do this he argues that there most be present a separation of powers between the Legislative, Executive and Judicial branches of government. Furthermore, there must be a separation of powers between that of the States and Federal governments. Publius says, “Among the difficulties encountered by the convention, a very important one must have lain in combining the requisite stability and energy in government with the inviolable attention due to liberty and to republican form.”[1] The first attempt at creating a republic with the Articles of Confederation failed due to a lack of energy and stability within the government, thus it was pertinent to create in the new government fixes for these problems. Publius then goes on to explain:

The genius of republican liberty seems to demand on one side not only that all power should be derived from the people, but that those intrusted with it should be kept in dependence on the people by a short duration of their appointments; and that even this short period the trust should be placed not in a few, but in a number of hands.[2]

This is the genius of the new Constitution according to Publius, it has attained the short periods of appointment and dividing the government among many hands. In order that the liberty of the people is not offended, they must remain the source of power for the government.

Yet this is not enough, in order to understand how this present in the Constitution Publius explains further in papers 47-51. In the first of these papers, Publius addresses the allegations by opponents of the proposed plan that it lacks a separation of powers. Publius explains Montesquieu’s argument for the separation of powers by saying, “he did not mean that these departments ought to have no partial agency in, or no control over, the acts of each other.”[3] The magistrate must have the authority to not only enforce the laws passed by the legislative, but also to veto laws that violate the Constitution, and the judicial cannot create laws but can advise the legislative.[4] Publius then goes on to demonstrate that the various Constitutions of the states provide for more blending of the branches of government than the proposed Federal Constitution.

And then in Federalist 48 Publius describes how the Federal Constitution provides a defense through a moderate blend of the branches of government. At first he argues:

But in a representative republic where the executive magistracy is carefully limited, both in the extent and duration of his power, and where the legislative power is exercised by an assembly, which is inspired by a supposed influence over the people with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes; it is against the enterprising ambition of this department that the people out to indulge all their jealousy and exhaust all their precautions.[5]

So in order to prevent the encroachments of the legislative on the rights and liberties of the people, the executive and judicial branches must have authority to reign in the power of the legislative. The legislative is also apt to encroach on the power and freedom of the other branches through pay[6], and thus they must be limited on how they are able to alter the pay of these other branches. Publius provides examples of Virginia and Pennsylvania where the powers of the legislative were not protected against and the judicial and executive branches were usurped by the authority of the legislative. Having demonstrated the dangers of allowing unbridled power to exist within the legislative branch, Publius goes on to explain how it might be possible to prevent the encroachments of one branch on the power of another.

Federalist 49 provides for this explanation and Publius defines that the people alone are the source of charter for the Constitution and its parts. Thus the people alone should be consulted when the powers of the Constitution are in question as to demolishing them, or creating a new power.[7] Appeals to the people are necessary in order to prevent the encroachments of power by the various branches. Yet frequent appeals are insufficient in protecting the freedom of the society. Not only this but it is impossible, as Publius explains, “The members of the executive and judiciary departments are few in number, and can be personally known to a small part only of the people.”[8] Yet the legislative is many in number and can be known by a larger number of the people.[9] Thus the legislative would be most likely to take advantage of the appeals from the people and thus encroach on the various powers of the other branches. As such frequent appeals of the people could turn out to be bad for the stability, energy and liberty of the society as the legislative might take their appeals as a mandate. And so how this can be moderated is discussed next by Publius.

Publius states at the beginning of Federalist 50, “It may be contended, perhaps, that instead of occasional appeals to the people, which are liable to the objections urged against them, periodical appeals are proper…”[10] In order to achieve this, Publius argues that a fixed period for appeals to the people could be detrimental to the purpose of those appeals. If they are too close together Publius argues, “the measures to be reviewed and rectified will have been of recent date, and will be connected with all the circumstances which tend to vitiate and pervert the result of occasional revisions.”[11] Yet by the same token, if they are too far apart then the people are likely not to know each other and to be unaware of the circumstances which lead to the need for revisions. [12] To demonstrate his point, Publius once again looks to the states for an example. He tells of how in Pennsylvania there had been a meeting of censorial council to remedy the defects of their Constitution. He elucidates however that the members of the council were prominent citizens who were members of the parties within the state. Secondly, some of the members of the council had served in the legislative and executive departments. Third, the proceedings of the council were disrupted by the factionalism of the members themselves. And finally, the council either did not understand the limits placed on the legislative and executive, or the legislative completely ignored the changes made by the censorial council.[13] Publius demonstrates properly the difficulty of having occasional or frequent appeals to the people for the remedy of the defects for the Constitution.

And so Publius goes on to discuss in Federalist 51 the structure of the government in regards to checks and balances. He states, “it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others.”[14] The importance of each department having its own will is demonstrated in the preceding papers, where Publius demonstrates the likely chances of an encroachment and usurpation by the legislative. In order to achieve this, Publius also states, “It is equally evident that the members of each department should be as little dependent as possible on those of the others for the emoluments annexed to their offices.”[15] Thus the departments must have a will of their own and should not be made dependent on the other departments for their pay. But at the same time Publius argues that the members of the various departments must be given the constitutional means and personal motives to protect against the encroachment of another department on their own.[16] Publius argues, “The interest of the man must be connected with the constitutional rights of the place. It must be a reflection on human nature that such devices should be necessary to control the abuses of government.”[17] However, Publius also reminds the reader that the legislative must be predominant in republics. In order to properly control the legislative against usurpation Publius argues:

The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.[18]

By dividing the authority of the legislative, a republic is capable of controlling the growth of power and influence of the legislative. Yet this is not enough, as Publius points out it is important in a “compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments.”[19] By dividing the legislative, you weaken its ability to encroach on the authority of the other branches. But by dividing the government into two different governments and allotting them different powers a republic can prevent the creation of a tyranny.

However, one question still remains and that is how the different bodies of government are erected for the purposes presented in Federalist 51. The various branches must be provided with different powers so that no one branch can consolidate that power. The branches must also have varying degrees of separation from the people, so that the passions of the majority cannot rule in society. In regards to the legislative branch, the branch should be split into two distinct houses with one having more of a dependence and response to the people than the other. As the legislative branch is closest to the people, and thus lays one of legislative threats, it is proper that it be divided so as to limit this closeness with the people. The first branch of the legislative Publius discusses is thus the House of Representatives, which is designed to be the department most dependent on the people. Publius describes, “As it is essential to liberty that the government in general should have a common interest with the people, so it is particularly essential that the branch of it under consideration should have an immediate dependence on, and an intimate sympathy with, the people.”[20] The House of Representatives will only share in the legislative authority of the government and will be able to respond to the passions of the people while the upper house will be able to filter out the reason. This great authority constitutes a need for a shorter duration of power as Publius states, “It is a received and well-founded maxim that where no other circumstances affect the case, the greater the power is, the great out to be its duration…”[21] Further, the House of Representatives will be watched not only by the people through its direct dependence on them, but also by the collateral branch of the legislative.

Next Publius discusses the Senate, which serves as the connection between the States and the Federal government as directed by the un-amended Constitution.  On this Publius states, “It is recommended by the double advantage of favoring a select appointment, and of giving to the State governments such an agency in the formation of the federal government as must secure the authority of the former, and may form a convenient link between the two systems.”[22] So that the States retain some type of authority under the new Constitution, it is important that they be given the authority to appoint the members of the Senate. The advantage of this stands that now law cannot be passed without the consent of both the people and the States.[23] And it also serves as a way to prevent members of the legislative body from forgetting their constituents by requiring the laws to be passed by both distinct bodies. Publius goes on to say:

The necessity of a senate is not less indicated by the propensity of all single and numerous assemblies to yield to the impulse of sudden and violent passions, and to be seduced by the factious leaders into intemperate and pernicious resolutions.[24]

The Senate’s mutability is important as well, so that the members restrain their passions and tyrannical nature. By having the Senate elected by the States, the States have their own elections for government offices. By changing the government representatives in the States, the Senate will be apt to change and thus opinions will be changed. Their length of office will allow the Senate the opportunity to learn the laws of the nation as well, and so that they are not constantly changing and that the opinions and measures remain some what consistent.[25] The importance of the Senate within the make up of checks and balances and separation of powers is clear. It serves as a check on the passions of the people, while balancing the representation of the States within the Federal government. Further the two branches of the legislative provide for stability and energy in the new government by removing the passions of the people and allowing for competition within the branches.

Thus next Publius discusses the executive branch, by far the most controversial of the day and most in need of defense by Publius. Publius discusses the mode of electing the President in Federalist 68. As with the legislative, the mode of electing the President must have a way of preventing the passions of the majority from ruling. Thus the Electoral College was devised as a way of preventing the encroachments of the people’s passions from entering into the election of the President. Publius describes, “It was equally desirable that the immediate election should be made by men most capable of analyzing the qualities adapted to the station and acting under circumstances favorable to deliberation.”[26] By doing this the Electoral College is made up of a small number of individuals so that deliberation is permitted in the election of the new President. Publius says, “This process of election affords a moral certainty that the office of the President will seldom fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.”[27] As for the proper place of the executive in the stability and energy of government, he is of the most importance. As Publius says, “A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever it may be in theory must be, in practice, a bad government.”[28] The executive must be strong and energetic in order to properly execute the laws he is charged to enforce. Publius calls “united; duration; an adequate provision for its support; and competent powers”[29] to be what constitutes an energetic executive. Energy is found in unity as in a single person the powers of the executive can be carried out quickly without delay. If the executive power were divided among more than one person, it would be subject to deliberation which will prevent an energetic executive. [30] Likewise, the President’s tenure of office is important for his energy. The duration of office is also an important element in the stability of the executive. If he stays too long, then he is apt to be too firm and possibly encroach on the powers of the legislative. Yet if he is tenure is too short then he is apt to fall prey to the legislative.[31] Shortness in the tenure of office is also likely to prevent the interest of the executive from performing his duties. This is also the argument used by Publius in Federalist 72 in regards to the reelection of an executive; by allowing him to run for reelection, he will watch how he acts in office so that the people look upon him favorably.[32] These are the aspects which allow for an energetic and stable executive, without which the government as a whole would lack stability and energy.

Lastly, Publius discusses the importance of the Judiciary in the make up of the new Constitution. Publius calls the Federal judiciary, “the best expedient which can be devised in any government to secure a steady, upright, and impartial administration of the laws.”[33] The purpose of the Federal judiciary he proposes is to prevent “the encroachments and oppressions of the representative body.”[34] Publius counters the fears of judicial usurpation by asserting that the Federal judiciary will be the weakest of all the branches as it lacks power over the purse and sword. Publius further argues:

Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.[35]

The Judicial branch will have no authority over the purse or over the sword, but instead only over judgment.[36] It will thus be able to prevent against legislative and executive encroachments by striking down laws which are contrary to the Constitution and the laws and treaties of the United States. The separation of the judicial from the legislative is also important so as to allow the judges to exercise their judgment without fear of reprisal by the legislative branch. Thus, the salaries of the judges cannot be lowered so as not to influence their opinions.[37] Their tenure of office also allows for freedom of judgment in judicial matters. Their appointment is for during good behavior, which prevents their judgment from being dependent on reelection, which may have a negative effect on their opinions. Thus through the judicial department is called upon to be safeguard against the encroachments of the representative and executive bodies. It will further only have the power of judgment, not the power of the purse or the sword. And it will further lack dependence on the legislative branch because their salaries cannot be lowered and their tenure of office is during good behavior, not apt to reelection.

The Federalist lays out a discussion of how energy and stability will be present in the new Constitution without violating the principles of republican government and the liberties of the people. As such, the basic necessity to ensure this requires a separation of powers. Publius describes how the various departments of the new government participate and uphold the principles of the separation of powers. He further demonstrates how the people and States partake in the controlling of the new government by their participation in the election of the houses of the legislative. Publius properly upholds his argument in Federalist 37 in his discussion of the following papers.


[1]Federalist 37, in Alexander Hamilton et al., The Federalist Papers, ed. Clinton Rossiter, introduction and notes by Charles R. Kesler (New York: New American Library, Mentor, 1999), 194.

[2] Federalist 37, 195

[3] Federalist 47, 270

[4] Federalist 47, 271

[5] Federalist 48, 277

[6] “as the legislative department alone has access to the pockets of the people…”Federalist 48, 278

[7] “As the people are the only legitimate fountain of power…” Federalist 49, 281-282

[8] Federalist 49, 284

[9] “The members of the legislative department…” Federalist 49, 284

[10] Federalist 50, 285

[11] Federalist 50, 286

[12] “If the periods be distant from each other…” Federalist 50, 286

[13] “Pennsylvania in 1783 and 1784, was, as we have seen….” Federalist 50, 286

[14] Federalist 51, 289

[15] Federalist 51, 289

[16] “But the great security against a gradual concentration of the several…” Federalist 51, 289

[17] Federalist 51, 290

[18] Federalist 51, 290

[19] Federalist 51, 291

[20] Federalist 52, 295

[21] Federalist 52, 298

[22] Federalist 62, 345

[23] Federalist 62, 346

[24] Federalist 62, 347

[25] “The mutability in the public councils…” Federalist 62, 348

[26] Federalist 68, 380

[27] Federalist 68, 382

[28] Federalist 70, 391

[29] Federalist 70, 392

[30] Federalist 70, 392

[31] “Duration in office has been mentioned…”Federalist 71, 399

[32] “The first is necessary to give the officer himself….” Federalist 72, 404

[33] Federalist 78, 433

[34] Federalist 78, 433

[35] Federalist 78, 433

[36] Federalist 78, 433

[37] Federalist 79, 441

Battle in New York: The Question of the Federal Judiciary


 A simple observation of the Federal court system would beg the question whether our courts are a mere mechanism of the giant leviathan of present-day government, or whether the courts have remained unaffected by changes in government. From the fall of 1787 until the spring of 1788 a battle was waged in New York between two factions: the Federalist and the Anti-Federalist. The Federalists were led by the magnanimous Publius and the Anti-Federalists were led by Brutus. Their discussions on the Federal judiciary are the most important carried out between Publius and Brutus. It appears that neither of them had a firm grasp of the Federal judiciary and the possible outcome of the power granted to this branch of government. Two-hundred years after the discussions were held, in America we are left with what appears to be a corruption of the then proposed Federal judiciary as Brutus predicted, but also a Federal judiciary that Publius in many aspects predicted would develop.

            In order to properly evaluate the arguments made by both Publius and Brutus we must begin our observation from the question of the nature and extent of judicial power and whether it poses any threat to the other two branches. We shall also observe the discussion between Brutus and Publius concerning the other matters in which the Federal judiciary holds authority and their relation to the extent of judicial power.

            What is the nature of the power granted to the Federal judiciary by the Constitution of 1787? Article III of the Constitution is a scant three sections long, by far the shortest article of the Constitution that deals with the branches of government. Concerning the direct power granted to the Federal judiciary the Constitution says, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”[1] Despite the scant manner in which the Constitution outlines the powers granted to the Federal judiciary, Publius and Brutus spend an enormous amount of time devoted to this very question. Publius calls the Federal judiciary, “the best expedient which can be devised in any government to secure a steady, upright, and impartial administration of the laws.”[2]  The purpose of the Federal judiciary he proposes is to prevent “the encroachments and oppressions of the representative body.”[3]  One can see that this has been the case on a number of occasions throughout American legal history, most specifically during the New Deal. But for many in the fall of 1787 the ability of the Federal judiciary to prevent these encroachments was further from their minds as to the power of the Federal judiciary. Publius once again counters these fears by asserting that the Federal judiciary will be the weakest of all the branches as it lacks power over the purse and sword. Publius further argues:

Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. [4]

 Brutus attempts to refute this argument made by Publius, asserting that this Federal judiciary will not be a protector and defender of our rights but instead will be just as apt to destroy them as either of the other branches.

            The main authority granted to the Federal judiciary according to Publius and Brutus is the power to strict down laws that are not made in pursuit of the Constitution of the United States. This is the point of contention for Brutus, for he believes that this power alone will give the courts unfettered access to destroy the rights of the people.[5] That the Federal courts will attempt to use their authority to strike down laws to bring it more power is not an unintelligent argument made by Brutus. In fact, it is the better argument made by the two authors. The last half century has seen an attempt by the courts to usurp their constitutionally appointed authority and the authority of both the legislative and executive branches. Brutus also asserts, “This power in the judicial will enable them to mould the government, into almost any shape they please.”[6] Clearly Brutus believes that the meek department of the Federal judiciary argued by Publius is not at all the true nature in which the courts will possess. The notion that the Federal courts will simply attempt to ascertain the meaning of the Constitution and to prevent the encroachment of the legislative power on that of the people held true until the latter half of the twentieth century, when what Brutus predicted came to fruition.

            Next shall be the question of the other powers of the Federal judiciary granted by the Constitution of 1787. Brutus’ main point of contention with these other powers can be summed up in these words, “For, I conceive that the judicial power should be commensurate with the legislative. Or, in other words, the supreme court should have authority to determine questions arising under the laws of the union.”[7] He contends that the Federal judiciary may not have the power to declare what the powers of the legislative branch are, but to merely declare acts of the legislative unconstitutional.[8] When it comes to treaties, Brutus holds that the Federal judiciary may play a role if the treaty in question harms the rights of individual citizens. However to declare the intentions, meaning or nature of the treaty is a power that Brutus wishes not to see in the hands of the Federal judiciary. As Brutus states:

For as treaties will be the law of the land, ever power who have rights or privileges secured by treaty, will have aid of the courts of law, in recovering them. But I do not understand, what is meant by equity arising under a treaty. I presume every right which can be claimed under a treaty, must be claimed by virtue of some article or clause contained in it, which gives the right in plain and obvious words; or at least, I conceive, that the rules for explaining treaties, are so well ascertained, that there is no need of having recourse to an equitable construction. If under this power, the courts are to explain treaties, according to what they conceive their spirit, which is not less than a power to give them whatever extension they may judge proper, it is a dangerous and improper power.[9]

Likewise, Brutus is against the provisions of the Constitution granting jurisdiction of the Federal judiciary to matters stemming from a state and a citizen of another state.[10] Brutus argues, “It is improper, because it subjects a state to answer in a court of law, to the suit of an individual. This is humiliating and degrading to a government, and, what I believe, the supreme authority of no state ever submitted to.”[11] This argument by Brutus is horrible; to assert that the source of government’s power ought not to have the authority to reign in it under a court of law is ludicrous. He goes on to argue:

The evil consequences that will flow from the exercise of this power, will best appear by tracing it in its operation. The constitution does not direct the mode in which an individual shall commence a suit against a state or the manner in which the judgement of the court shall be carried into execution, but it gives the legislature full power to pass all laws which shall be proper and necessary for the purpose. And they certainly must make provision for these purposes, or otherwise the power of the judicial will be nugatory. [12]

 Brutus’ argument is not totally unfounded though, as he fears that citizens of one state will attempt to prevent another state from operating properly. Brutus uses the example of the debts owed by the states to their citizens. He believes that the notes given by the states to their citizens can get into the hands of a citizen of another state, allowing for that citizen to take the state to court in order to recoup the money owed them. Long story short, Brutus asserts this will cause the states to go bankrupt and ultimately make them submit to the Federal government.[13]

            Publius on the other hand argues that the authority granted to the Federal judiciary to handle cases in regard to treaties as totally legitimate. He states:

As the denial or the perversion of justice by the sentences of courts, as well as in any other manner, is with reason classed among the just causes of war, it will follow that the federal judiciary ought to have cognizance of all causes in which the citizens of other countries are concerned. This is not less essential to the preservation of the public faith than to the security of the public tranquility.[14]

 Publius is fearful that a foreign nation will take offense if a citizen of their country is sentenced to serve time in another nation. This would certainly cause a breach of public safety, if that other nation wished to wage war or institute other means of punishing them. The ability of the Federal judiciary to oversee matters concerning cases in which treaties are concerned is certainly a matter that Publius thinks need not be contested. If the commonwealth of Massachusetts were to convict a man from France for a crime, it would fall under the Union as a whole to protect the commonwealth from repercussions by the sovereign nation of France. As to the issue concerning one state and the citizen of another, Publius wholly disagrees with Brutus’ assessment. Publius states, “The power of determining causes between two States, or between one State and the citizens of another, and between the citizens of different States, is perhaps no less essential to the peace of the Union than that which has been just examined.”[15] If two states were to enter into disagreement over any trivial matter, it could result in a private war between the two states and possibility of a civil war throughout the whole country. For the Federal government to assert itself into matters between two states or between the citizens of one state against another state is for the protection of the peace and public safety of the whole country. Furthermore, Publius argues, “No man ought certainly to be judge in his own cause, or in any cause in respect to which he has the least interest or bias.”[16] Under this assertion, Publius believes that the Federal judiciary ought to be given authority over such matters as the impartial judge.

            Clearly it can be seen that both Brutus and Publius were passionate about the subject of the Federal judiciary. Neither men make arguments that are clearly accurate, however that at times both men seem to have the better argument over the other. Brutus’ contention is that the power to rule laws unconstitutional may in fact allow for the Federal judiciary to usurp the authority of the other two branches. However, Publius wins the argument when it comes to matters of treaties and matters arising from the various states. It is based on these observations that it cannot be said that the Federal judiciary has become a mechanism for the leviathan of present-day government. But that it has in many ways remained the vision of Publius, as the impartial protector of individual rights against the usurpation of the Federal and state governments, albeit at times it has come dangerously close to losing itself in the leviathan.


[1]Kesler, Charles R., ed. The Federalist Papers.
[2]Article III Section II of the U.S. Constitution of 1787.

[3]Kesler, Charles R., ed. The Federalist Papers. Federalist #78

 [4]Kesler, Charles R., ed. The Federalist Papers. Federalist #78

 [5]Kesler, Charles R., ed. The Federalist Papers. Federalist #78

 [6]“From these considerations the judges will be interested to extend the powers of the courts, and to construe the constitution as much as possible, in such a way as to favour it; and that they will do it appears probable.” – Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution Brutus’ Essay number XI.

[7]Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution Brutus’ Essay number XI

 [8]Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution Brutus’ Essay number XIII

[9]Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution Brutus’ Essay number XIII

 [10]Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution Brutus’ Essay number XIII

 [11]Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution Brutus’ Essay number XIII

[12]Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution.  Brutus’ Essay number XIII

 [13]Storing, Herbert J., ed. The Anti-Federalist: Writings by the Opponents of the Constitution Brutus’ Essay number XIII

 [14]Kesler, Charles R., ed. The Federalist Papers. Federalist #80

 [15]Kesler, Charles R., ed. The Federalist Papers. Federalist #80

 [16]Kesler, Charles R., ed. The Federalist Papers. Federalist #80

Plato and Aristotle’s Regimes: Republic and Politics.


There might be some confusion concerning the nature of politics and the type of regimes. Today we tend to think of a number of regimes, although many of them are simply the same regime with a different title. We call the government in England a Constitutional Monarchy, yet it simply is a Monarchy. China we say is a Communist regime, yet really all the political form of Communism is Oligarchy. All the regimes currently in use today can be boiled down to a list of just a handful. These regimes were originally defined and stated by Plato and Aristotle, two classical Greek philosophers who concerned themselves heavily with the nature of the polis. To get an idea of what the regimes are, this essay will attempt to outline the various forms of government as laid down by both men. In order to deal with the two authors it will be prudent to describe Plato’s regimes first followed by Aristotle.

In Book VIII of the Republic, Plato speaks of the degenerate regimes after having spent considerable time describing an Aristocracy. Aristocracy in the classical sense is not rule by the few, or rule by the wealthy. Aristocracy for Plato meant rule by the virtuous. The ideal city would be ruled by a Philosopher king, but because no philosopher will want to rule in the city there must be a handful of virtuous individuals willing to rule.

The first degenerate regime that flows directly from Aristocracy is Timocracy. This form of government is rarely spoken of and is largely forgotten compared to the remaining regimes. Timocracy is the rule by the honorable, or more simply a Warlord. Timocracy comes about when instead of concerning oneself with virtue itself, one concerns themselves with the seeking of honor. The primary means of attaining honor is on the battlefield, and thus the idea of a military leader leading the city falls into a Timocratic regime.

From the Timocrat comes the Oligarch, the son of the man who is more concerned about his honor than about wealth. When honor is lost and you have nothing else, then you are empty. The Oligarch as a result is a stingy person who spends little but acquires much. Oligarchy is defined by a few very wealthy individuals ruling the city over the less fortunate and often impoverished inhabitants. Oligarchy is the most popular form of government and the wealthy are often times viewed as the best individuals and therefore most worthy of ruling. Today Oligarchy is often confused with Aristocracy due to their elitist tendencies. With the fall of Oligarchy, so goes the way of the virtuous regimes. Oligarchy, Timocracy and Aristocracy represent the various parts of the soul for Plato, and also different virtues or, in the case of Aristocracy, virtue itself. The three parts of the soul that correspond with the three regimes are: Rational part with Aristocracy, the Spirited part with Timocracy and the Appetitive part with Oligarchy.

The first regime lacking virtue is democracy, or rule by the people. The democrat comes about because of the lack of equality in the Oligarchy. In the Oligarchy limits are placed on how much one can spend, preventing the democrat from being allowed to do as he sees fit. This coupled with the lack of equality brings about the Democracy. Democracy is ruled on two principles: Freedom and Equality. Because of its nature Democracy lacks virtue but it is not totally depraved. Democracy is the best possible regime while Aristocracy is the regime most wished for.

Finally Plato ends his account of the regimes with Tyranny, the most dreaded and depraved form of government developed by mankind. Tyranny is the exact opposite of Aristocracy. The tyrant comes to rule because he desires all. Tyranny is characterized by the lack of concern for one’s subjects and a desire to obtain all one wishes for. The tyrant cares nothing for his people or his city, only for his own selfish gains. Where the Aristocrat rules for the sake of the city, the tyrant rules for the sake of self. With the end of the analysis of the tyrant and tyranny comes the end of Plato’s discussion of the regimes within the Republic.

Aristotle does not entirely agree with Plato’s assessment of regimes in the Republic. His Politics is largely a rebuttal of the arguments made in the Republic. Aristotle defines three chief regimes: Kingship, Aristocracy and Polity. These regimes all have a degenerate regime corresponding with it: Tyranny, Oligarchy and Democracy. One will immediately identify that Aristotle lacks the Timocratic regime and instead replaces it with Polity, a mixture of Oligarchy and Democracy.

Kingship is a fairly self explanatory regime, for Aristotle it is the most desired regime but due to its ability to quickly turn into tyranny it is not the best possible regime. Kingship is simple, it is the rule by one person who is king. In the Kingship there is only one citizen and that is the King himself. This can be compared in some manner to Plato’s discussion of the Philosopher King, although the king in such a regime need not necessarily be a Philosopher but not a Tyrant either.[1]

Aristocracy is essentially the same regime for both Plato and Aristotle, the rule by the virtuous.

Polity as said above is a mix between Oligarchy and Democracy. Depending on the rulers it can either be more heavily Oligarchic or more heavily Democratic. The difference between the two being that an Oligarchic Polity would be ruled by a few selected wealthy individuals, while the Democratic Polity would be ruled by the people in general. This regime is what Aristotle calls the best possible regime because it involves the rule by the middling class. The middling class often makes up the most of all inhabitants in a city and thus the regime which allows for them to be citizens allows for the most participation in the operation of the city. Many often compare this to a Republic, but that is a false comparison as will be shown briefly.[2]

Oligarchy and Democracy are the same as in Plato and therefore require no additional attention. It should be noted, however, that Aristotle defines four types of democratic regimes unlike Plato. The first, considered the best and the oldest by Aristotle is democracy ruled by the farming sort. The second, similar to the first, is based around those who are herdsmen. The herding Democracy is exemplified by it’s military capabilities, as Aristotle states, “they are particularly well exercised with respect to their dispositions as well as useful with respect to their bodies and capable of living in the open.”  The third sort is made up of the middling class, or the merchants and exists in the city.[3]  This democracy is prone to more individuals being involved in the regime because of the proximity of living in the city. The fourth democracy laid out by Aristotle is where all are included in citizenship. Citizenship for Aristotle means those who are able to participate in the ruling of the polis. Therefore, this last sort admits people into the rank of citizenship who are unsuited for ruling the polis, including slaves. In this instance, slaves would apply to anyone who is unable to rule themselves and not the slaves who have been conquered in war.

Book Four of Aristotle’s Politics offers us another list of democracies, this time five. The first democracy in book four is based on the equality between the poor and rich, where neither class is preeminent in society. The second is where, “the offices are filled on the basis of assessments…”[4] The next two regimes are where those of unquestioned descent, and those who are citizens fill the offices but the law rules. The fourth is where the multitude, not the law, rules. The fifth democracy is similar in make up to the previous democracies except that the multitude, not the law, rule.

The best regime, and best way of life according to Aristotle are the same. The best way of life is the mirror image of the best regime. While Kingship is the regime most desired, and Polity the best attainable regime it is the mixed regime that is the best regime. The mixed regime contains elements of each individual regime, just as the best person is a mixture of all the different virtues. The regime must incorporate virtue, the farming class and the middling class. It is this regime, the mixed regime, which must properly be defined as a Republic. A Polity as stated before is a regime of Oligarchy and Democracy, while a Republic is a mixed regime with multiple regimes tied into it. Take for example the American regime, which is not a Polity at all but is a Republic. We have the element of Kingship in the President, we have the element of Democracy in the House of Representatives, we have the element of Oligarchy in the Senate and we have Aristocracy in the Supreme Court. Such a regime is the best possible regime because it allows for the virtues of each regime to be apart of the city; just as the the virtuous person participates in each individual virtue, so does the city participate in the virtues exemplified by the various regimes in a mixed regime.

[1]
Aristotle’s Politics Book III

[2]
Aristotle’s Politics Book IV

[3]
Aristotle’s Politics Book VI

[4]

Aristotle’s Politics Book IV

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