In this episode, John Jay walks right into the Anti-Federalists’ critique after once again overselling a historical reference. This time it’s the Scottish union to England. The Anti-Federalists respond on behalf of the proverbial “common man”. Can Jay handle their populist arguments? Jay warns of America’s decent into another version of Europe, and argues how the powers of Europe at the time would have preferred a fractured America. He believes the Articles of Confederation sets America up for failure, while the Anti-Federalists claim “user error”. The Anti-Federalists focus on diffusing power back to the people. Cary points out that if Jay had time travel, he could have borrowed Justice Oliver Wendell Holmes’ Bad-Man Theory to shut the Anti-Federalists down. In the end, Jay earns a well deserved respite from Justin and Cary’s continuous attacks.
Contrary to modern economic theory, in Jay’s mind, international markets are a zero-sum game. There are winners, and there are losers. Although Jay attempts to focus on economic concerns in No. 4, he just can’t help but return to his foreign policy arguments. He pays the price as Cary calls him out for rehashing his earlier points. Cary dives into Jay’s reference to “just causes of war” by explaining Thomas Aquinas’ three factor test. The focus shifts to foreign trade, debt, and the critical role of America’s codfish industry. As Cary aptly points out, there were not may W-2s issued at the time. Who knew the codfish helped to secure our nation?
In this episode, the doctors of NYC flee, shots are fired, and severe head trauma ensues (in 1788 no less)! All of this before we find out how the Sultanate of Morocco ties into Federalist No. 3. The guys continue their critique of Jay, allowing for only a modicum of relief due to his injuries, before attacking Jay’s hypothesis that our new country will be led by philosopher kings and warrior poets. The Anti-Federalists are heard to cry foul at Jay’s straw man argument. And in the end, Jay concludes by asking, “Does anyone really want to end up like Genoa?”
After Justin launches an assault on John Jay's depiction of American life in October 1787, Cary has to come to Jay's aide. While the guys agree with Jay's assertion that the thirteen states had rivers and traded goods, debate remains as to Jay's intent in his depiction of a homogonous citizenry. Was John Jay a “man of his time” trying to appeal to commonality, or a purveyor of “alternate facts” who argues for a government based upon a homogeneous people? "Farwell [Mr. Jay]!, A long farwell to all [your] greatness!"
Justin and Cary discuss Hamilton's dramatic outline for the Federalist Papers, and read between the lines of Hamilton's Anti-Federalist spin as he lets you know the Anti-Federalists hate America.
Justin and Cary discuss the context of the Federalist Papers by highlighting events leading up to their publication. They also compare the Constitution advocated by the Papers to America's original governing document, The Articles of Confederation.
Practicing attorneys Justin and Cary discuss why they decided to examine the Federalist Papers, as well as talking about the structure of the podcast. A "behind the scenes" look at the inspiration for the podcast.