Professional Documents
Culture Documents
Yet account -
ability’' s perceived function and value have varied across democratic frame-
works and democratic contexts. One might even construct a history of
democratic theory according to the different ways that accountability has been
interpreted , valued , and configured , from Herodotus to contemporary deliber-
ative democrats. Within modern discussions , democratic accountability is typ-
ically associated with representative democracy and elections. With this in
mind , I turn , in this chapter, to a period of great political transformation in
which representative democracy was being heavily debated and institutional -
ized. I examine the role of democratic accountability as conceived in the
debates between the Federalists and Anti- Federalists over the creation and
ratification of the U .S. Constitution.
Few discussions of political accountability in the canon of democratic
theory are as rich as those found in the ratification debates. There, at a time
before political parties and when nation -states were still emerging as the pre-
dominant form of geopolitical organization , the principle of popular sover-
eignty was being fiercely defended even as liberal arguments about commerce
and limited government were gathering strength. These debates not only
resulted in a new form of political constitution ; they also inaugurated a new
body of democratic theory revolving around the prospect that popular sover-
eignty can be made compatible with an extended republic. Accountability was
an indispensable concept in this theorizing and a central element of the
resulting constitution. The ratification debates illustrate how the realization of
— —
democratic or more precisely “ republican” standards of accountability
depends greatly upon the particularities of institutional design .
Not unlike the present political context , in which sovereignty, pop -
-
globalization , the Federalists and Anti Federalists were debating in a
context of major institutional transformation , expansion , and political
reconstitution . Sharing a political horizon shaped by the question of
whether popular sovereignty could be compatible with an expanded po -
litical sphere , both groups of authors embraced popular accountability
as a standard of government legitimacy. Still , their respective approaches
to accountability differed significantly, reflecting differing outlooks on
the perils of concentrated power, on the role of citizen participation , and
on the need for energetic and effective government. Out of their debates
—
comes a picture of two visions of democratic or rather republican — ac -
countability. One , the Federalist vision , emphasized the importance of
concentrating governmental power and of keeping citizens at some
distance from government both for the sake of well - managed govern -
ment and so that accountability mechanisms might be effective. The
other, Anti - Federalist , vision highlighted the dangers of concentrated
power and pointed to how republican accountability depends upon the
active and meaningful participation of citizens , a type of participation
that is undermined when government grows distant . Both perspectives
illuminate dangers and possibilities for realizing accountable and legiti -
mate governance. Together, they complicate simple oppositions between
government accountability and government efficacy.
Before proceeding further, 1 wish to make two caveats regarding my use
of language across historical periods. In the eighteenth century, democracy
was generally associated with the republics of ancient Greece and Renais-
sance Italy, and not with what we today call representative democracy. Cor -
respondingly, neither the Federalists nor the Anti - Federalists would have
described themselves as advocating “ democratic” accountability, even if we
would describe them in that language today. For the sake of historical accu -
racy and to avoid confusion , in this chapter, I hereafter restrict my use of
the word democratic to the sort of direct democratic practices associated
with those early republics. I will use the more historically appropriate word
republican, where , today, we might use the word democratic , as reflecting the
principle that governmental legitimacy is derived from the authority of the
people, whether directly or through representation . In subsequent chapters
I will revert back to the more contemporary generalized understanding of
the term democratic. Even though my use of republican in this chapter avoids
problems of anachronism , it does carry dangers of its own , especially given
that the concept of " republic” was itself hotly contested in the late eigh -
teenth and early nineteenth centuries.I do not believe it is possible to com -
pletely avoid the ambiguities that stem from this shifting conceptual and
linguistic terrain. I will , however, strive to be consistent in my own usage
so as to avoid further confusion .
My second caveat relates to the language of “ accountability.” Eighteenth -
century Americans used many words to describe what we would typically
characterize as accountable government . The semantic barriers between
words like accountable , responsible , answerable , punishable , and amenable were
much more fluid than they are today. The specific word accountability was, in
fact , scarcely used in the ratification debates. This observation needs to be
qualified with the additional observation that — at least according to the Oxford
—
English Dictionary the word was just appearing in the English language
around the same time. The ratification debates may actually have helped
introduce the word . For these reasons , some linguistic imprecision is un -
avoidable in my discussion of the ratification debates. I do not believe, how -
ever, that this presents an intractable problem for my project. The etymology
of the word accountability does not exhaust the history of the concept . Thus,
this chapter draws upon references to the specific words accountability and
accountable , as well as upon references to related words when they are used in
a manner reflective of the concept of accountability as it is commonly under-
stood today. Central to this understanding is the idea that to be accountable is
to have to answer for one’s actions and to face sanctions depending upon that
answer and one’s performance.
Representative Government and Accountability
In contemporary politics , anxiety over accountability deficits and the loss of
democratic control is being spurred by the shifting scale and distances of
political power. Globalization technologies have shortened some distances —
it is easier now than ever before to communicate and travel across vast phys-
ical space. This new capacity for “ action at a distance” has also meant that
many of the forces shaping society cut across conventional political bound -
aries. Many government decisions that once would have been limited to local
or national contexts now appear to take place on a grand , international scale,
far removed from the local communities who feel their effects. Citizens in
Europe bemoan the unaccountability of EU technocrats. Local activists pro-
test the unaccountability of the IMF and World Bank. However ill - or well -
conceived they may be, many of these anxieties and concerns posed by the
expanded scale of governance today have parallels in eighteenth -century
debates over representative government.
The principle that government should be accountable to citizens was vital
to the United States founding generation’s effort to reconcile republican
principles with the need to concentrate governing power. Representative gov-
ernment may be a way to make popular sovereignty compatible with a large
society, but the distances created when authority is delegated to representa -
tives also makes popular sovereignty a problem. Put simply, representation
created gaps between the sovereign people and the drafters of their laws.
Among other things, the relationship between representative and repre-
sented is constituted by: spatial gaps characterized by the distance between
the locales in which people live and the location of government ; scalar gaps
characterized by the proportion of representatives to constituents; temporal
gaps characterized by the time separating the authorization of a representa -
tive in the past and his present and future behavior in office, as well as by the
time separating the decisions of a representative and the longer term conse-
quences of those decisions ; epistemological gaps characterized by constitu -
ents’ ignorance about what the representative is doing and the representative’s
ignorance about the needs , interests , and desires of constituents ; competence
gaps characterized by differences in governing capabilities; and identity gaps
characterized by differences in class , character, and experience. See Table 1.1.
All these gaps could just as easily be used to describe the challenges of repre-
sentative government today. These gaps create opportunities for representa -
tives to abuse their power and to create laws transgressing the liberty of the
very citizens who authorized them . The founding generation regarded gov-
ernmental accountability to the "great body of the people” as a principal way
to protect against such abuses of power. They perceived governments that
lack such accountability to citizens as invitations to tyranny.
Nevertheless, neither the Federalists nor the Anti - Federalists sought to
use accountability to establish a system of direct popular rule along the
lines of then -existing democratic orthodoxy. Rather, they sought to use it as
part of a system of popular control in which potential abuses of governmen -
tal power could be avoided by making government dependent upon citi -
zens , even as government was afforded degrees of autonomy so that it
might govern effectively. Popular accountability was seen as a way to gen -
erate a further connection to the people and to introduce some constraints on
government power without completely overriding the governing authority
of policy makers. For both the Federalists and the Anti - Federalists , account -
ability served , not to completely collapse the gaps between rulers and ruled ,
but to regulate them . Still , accountability can be implemented in many dif-
ferent ways with very different effects. The ratification debates can be
viewed as a struggle over how the aforementioned gaps would be regulated
and how accountability would be configured around degrees of dependence
and autonomy.
Table I .I Gaps of Representation
For Hamilton , the "science of politics” provided powerful means " by which the
excellencies of republican government may be retained and its imperfections
lessened or avoided .” These “ imperfections” that Hamilton described are im -
perfections in political order. The Greek and Italian republics were imperfect
because they were fragile and disorderly. The Constitution , by contrast , was
seen as an improvement precisely because it would limit the chaotic excesses
of participatory politics found in small republics and , by extension , in the
decentralized power arrangements of the Articles of Confederation . Even
though the passages quoted earlier do not use the language of accountability
per se, they do illustrate the Federalists' general anxiety about citizen partici-
pation . This anxiety and orientation shaped their views of the proper function
of accountability in a republic. Participatory forms of democratic account-
ability introduce instability into a regime. The ability of diverse , small commu -
nities to hold government to account generates the very sort of agitation
Hamilton and others regarded with horror and disgust . Part of what the sci-
ence of politics then offered was a way to rationalize government account-
ability by pacifying the “ distractions" and “ perpetual vibrations” of an active
citizenry. I will argue later for a view of democratic accountability that is more
open to the fragility of democratic order and that regards certain forms of
disruption as important ways to deepen and extend democratic principles.
Here, however, I merely observe that , for the Federalists , the task was to build
republican institutions of accountability that not only control government but
also control citizens.
In addition to perceiving popular accountability as a potential threat to
effective and orderly rule, the Federalists , and Madison in particular, also
expressed concern that democracy per se might actually be in tension with
governmental accountability. Not only is democratic accountability bad for
governance , but democracy may be bad for accountability. For Madison , the
communication and concerted action of citizens can easily lead to majorities
that are all too willing to freely sacrifice their fellows. History has shown how
democratic ideology provides cover for unaccountable majorities. In the name
—
of the demos the final authority to whom all other concentrations of power
—
are presumably accountable majority factions were able to tyrannize over
minorities without having to account for their actions. In short , a government
accountable to the demos acting collectively would not be accountable to the demos
at all . Instead , it wouldbe beholden to factional interests. It is difficult to over-
estimate the importance of this point for the Federalist position . The Federal -
ists were deeply concerned about the way efforts to bring government close to
the people might only result in drawing government into the influence of
“ factions , ” which , partisan by nature, would fail to serve the interests of the
people as a whole. Such partisanship , they believed , was more likely to take
hold at the local or state level than at the federal level. The problem with
popular accountability was not just its tendency toward disorder but also the
potential for the public interest to be thwarted . The principal challenge was
not one of getting the demos to act , but rather one of ensuring that the demos
was properly constituted . It was the challenge of ensuring government was
accountable to the true demos and not to factions thereof. Counterintuitively,
they believed the best way to realize government’s accountability to the people
was by limiting the occasions in which the people act collectively.
Had they been seeking to approximate democracy, the Federalists might
have sought , wherever possible, to draw citizens further into governmental
accountability processes. For them , however, republican government was not
meant to approximate democracy; on the contrary, it was meant to improve
upon democracy with a vision of limited citizen participation in which sover-
eignty is retained by the people but exercised at a safe distance From this
perspective , the value of accountability derives as much from the way it limits
citizen involvement in government as it does from the way it draws govern-
ment closer to the people.
The Unaccountable British Monarchy
With their push for a stronger national government rubbing against the grain
of still - prevalent antimonarchical revolutionary sentiment , leading Federalist
authors like Madison and Hamilton were eager to distance themselves from
the former British rulers. Shrewdly, they used the unaccountability of the
British monarchy, with its tendency toward “ aristocratic usurpations and tyr-
anny, ” as a foil to illustrate the accountability inherent in the proposed consti-
tution . In opposition to the unaccountable British system , the Federalists
characterized the Constitution as embodying a republican standard in which
“ every magistrate ought to be personally responsible for his behavior in office”
and where "dependence on the people” was “ the primary control on the gov-
ernment.” With regard to the legislative branch , Madison , for example,
referred to the British House of Lords as “ an hereditary assembly of opulent
nobles. ” He observed further that , to the extent that there was a system of
electoral accountability in place at all in the House of Commons , it pertained
to merely a fraction of government , was plagued by corruption , and was com -
posed of officials elected only at large intervals in a very great proportion by a
very small proportion of the people. With regard to the executive branch , the
more authoritarian Hamilton contrasted the presidential model with the Brit-
ish monarch , whom he portrayed as a perpetual magistrate, “ unaccountable
for his administration , and his person sacred.” Under the monarchy, it was
citizens and councilors who were accountable to the king, not the other way
around . In the United States , by contrast , the president would face elections
and be held to account for his behavior.
Even as they used the British regime as a foil to affirm the importance of
accountable government , these authors ultimately did so in a fashion that
worked to further centralize federal power and to distance citizens from the
execution of government. In their rationales , both Madison and Hamilton
emphasized good government and the need for effective accountability. Madi-
son used his characterization of the unaccountable House of Lords , not to
illustrate the need for more dependence on citizens , but rather to rebut Anti-
Federalist arguments that the Senate would be dangerously far removed from
popular accountability. He made his case by pointing to the dangers of an
overly responsive legislature: If even the hereditary House of Lords was over-
—
whelmed by the populism of the House of Commons and the House of
—
Commons was only marginally responsible to citizens just imagine how
much weaker the elected Senate would be in the face of the more thoroughly
populist House of Representatives!
For his part, Hamilton used his observations about the unaccountable
British monarch not to warn about the dangers of centralized power, but
rather to argue against a plural executive and to emphasize the importance of
having an energetic executive , which he regarded as “ a leading character in
the definition of good government." Diffusing power across an executive
council would sap energy from the executive while obstructing executive ac-
countability. For Hamilton , the centralization of power was not anathema to
republican accountability; it was, rather, republican accountability 's condition
of possibility. In the British system , an executive council served an important
accountability function: Its responsibility to Parliament partially offset the im -
punity of the chief executive. In the American republic, by contrast , there
was no unaccountable monarch. In this context , spreading executive power
across an executive council would impede accountability by obscuring indi -
vidual responsibility for executive decisions. For Hamilton , it was only by fur-
ther concentrating power in the hands of a single executive that responsibility
could be clearly demarcated and blame could be readily assigned .
The vulnerability of elected officials at the ballot box helps to foster a “ depen -
dence" and “ sympathy ” with the people. In short , the prospect of being held
accountable at the ballot box in the future disciplines representatives to “ habit-
ually recollect" their dependence upon the people. As Madison continued ,
the extent of practical knowledge requisite to the due performance of the ser-
vice.” Short election cycles would not only, as another Federalist author put
it , keep the nation in “ perpetual electionary ferment .” They would also create
gaps in the institutional knowledge base of the legislature and would thereby
undermine competence. As Madison continued , “ The greater the proportion
of new members and the less the information of the bulk of the members, the
more apt will they be to fall in to the snares that may be laid for them " Sub-
,
. . . it
is evident that an assembly elected for so short a term as to be
unable to provide more than one or two links in a chain of measures , on
which the general welfare may essentially depend , ought not to be an -
swerable for the final result any more than a steward or tenant , engaged
for one year, could be justly made to answer for places or improvements
which could not be accomplished in less than half a dozen years.
Accountability requires the assigning of agency. It is difficult enough to pre-
serve personal responsibility in a numerous body where decisions have im -
mediate and palpable effects on constituents. This is made exceedingly
difficult when the responsible parties are no longer around to be identified or
no longer in a position susceptible to sanction . Along similar lines , Federalist
author Nicholas Collin described how “ a member who but comes and goes, is
less responsible for bad public measures , and consequently less animated by
a sense of duty and honor. ” Withreasoning
this , in order to promote ac -
countability and a sense of responsibility, the duration of power needs to be
lengthened to keep responsible parties around . This becomes a rationale for
bicameralism . The proper remedy for the House’s frequent electoral ac -
counting , Madison argued , would be the Senate, which , “ having sufficient
permanency to provide for such objects as require a continued attention , and
a train of measures, may be justly and effectually answerable for the attain -
ments of those objects.” Here again , an expressed concern with accountable
government entails further distancing citizens from government.
Constituencies and the Problems of Scale
The size of government also factors into the Federalist vision of accountability.
In his defense of a smaller sized House of Representatives, Madison drew at-
tention to both the governance and the accountability problems that result
when a governing body becomes too populous and populist. " ( In all legisla -
tive assemblies ," he wrote, “ the greater the number composing them may be ,
the fewer will be the men who will in fact direct their proceedings.” He
explained this in terms of passion and incompetence. The more numerous an
assembly becomes, the greater is the tendency for passion to dominate over
reason in its proceedings. Also , as the number of representatives grows, so
too does the ratio of members lacking the requisite knowledge and capabil -
ities to govern well. The large numbers would , as one Federalist put it , “ clog
the wheels.” This, in turn , creates a situation ripe for the eloquence and ad -
dress of a few to dominate over the others , which thereby opens avenues for
well -organized parties to gain precisely the sort of undue influence that the
Federalists so intently sought to prevent. This oligarchic tendency of large
bodies not only undermines good government; it also offsets the disciplinary
effects of electoral accountability as representatives are duped by the cunning
and sophistry of their peers. The people can never err more, Madison wrote ,
“ than in supposing that by multiplying their representatives beyond a certain
limit they strengthen the barrier against the government of a few.” On the
contrary, after securing a sufficient number for the purposes of “ safety, of local
information , and of diffusive sympathy with the whole society, ” increasing the
size of the representative assembly further would counteract the republican
intention . Republican accountability apparently has its limits. One can
defeat the purpose by multiplying the number of accountable agents too far.
The Federalists correspondingly showed resolve at preventing passionate, less
competent leaders from serving in office, and at designing institutional dy-
namics that would prevent well -organized partisans from dominating policy
making in ways that would diminish the efficacy of representatives’ account -
ability to their constituents.
I 've been arguing that even as the Federalists defended the Constitution as
embodying accountable government, they construed accountability in ways
that involved institutionalizing more, not less , concentration of power, and
more, not less , distance between government and citizens. Although they per -
ceived accountability institutions as an indispensable way to make govern -
ment dependent on the people , their construal of accountability worked to
serve the needs of power by limiting the participation of citizens within a
series of regulated distances. They sought to make government dependent on
the people, but not too dependent. They wished citizens to be active and
involved , but not too active and involved . On one hand they criticized populist
and more decentralized accountability arrangements as detrimental to good
governance. On the other hand they argued that the new Constitution would
embody more, not less , accountability than the alternatives , not despite its
concentrated power, but because of it. This view stands in sharp contrast to
that of the Anti - Federalists , who charged the Federalists with putting forward
an unsafe form of government shockingly devoid of accountability to citizens.
The Anti-Federalist Alternative
-
Even more than the Federalists , the Anti Federalists were a disparate group ,
spanning many strands of opposition to the proposed constitution . Nonethe-
less , taken collectively, these authors gave expression to both a tradition of
dissent in American politics and a very basic distrust of concentrated political
power. In their dissent , one can identify patterns related to accountability
and to the need to enhance governmental dependence upon citizens. Like the
Federalists , they were concerned about preventing the abuse of governmental
power. Also like the Federalists, they believed accountability to citizens was a
vital precautionary mechanism in republican government. As “ Brutus” ( prob -
ably Robert Yates ) wrote, " When great and extraordinary powers are vested in
any man , or body of men , which in their exercise, may operate to the oppres-
sion of the people, it is of high importance that powerful checks should be
formed to prevent the abuse of it.” Accountability to the people offers just
such a check. As he continued ,
Perhaps no restraints are more forcible, than such as arise from re-
—
sponsibility to some superior power. Hence it is that the true policy of
a republican government is , to frame it in such manner, that all per-
sons who are concerned in the government , are made accountable to
—
some superior for their conduct in office. This responsibility should
ultimately rest with the People.
—
When power is concentrated , as it surely is in an extended republic and as it
—
certainly is today in global governance regimes there is a need for powerful
checks. In a republican government in which citizens are considered the
highest authority, they are the ones to whom officials should ultimately be
accountable. As “ Centinel ” ( probably Samuel Bryan ) put it , a government 's
responsibility to its constituents "is the only effectual security for the liberties
and happiness of the people.” While comments such as Centinel's and Bru -
tus's bear a superficial resemblance to those of Federalist authors, this simi-
larity is belied by a rather sharp disagreement about the place of accountability
in the proposed Constitution .
The Anti - Federalists rejected claims that the Constitution offered an ac-
countable alternative to the British regime. They, in fact , denounced the Con-
stitution for its accountability failures, branding it an aristocratic usurpation
of popular government . Centinel was particularly outspoken on this point. So
far as he was concerned , the Constitution was “ devoid of all responsibility or
accountability to the great body of the people.” He regarded it as an attempt
by the well-born to establish a “ despotic aristocracy among freemen"
through which tyranny may “ glut its vengeance on the low-born." Similar
sentiments were expressed in the influential Pennsylvania Convention Mi -
nority Address , where it was asserted that “ the strongest of all checks upon
the conduct of administration , responsibility to the people , will not exist in this
government. ” Elsewhere, Patrick Henry asked “ Where, Sir, is the responsi -
bility ? ” On his reading, it was the Constitution , and not the British monarchy,
that embodied unaccountability.
In the eyes of Henry. Brutus , Centinel , and other Anti - Federalists like them ,
the Constitution failed abysmally to protect the liberty of citizens in large
part because it failed to provide effective provisions for those citizens to
hold government to account. In the end . the Anti - Federalists had a different
understanding of what accountability entails. Unlike the Federalists , the
Anti - Federalists perceived accountability as a way to resist concentrations of
governing power and to decentralize authority in a manner that would
bring it closer to local communities , without whose meaningful input gov-
ernment would be anything but good .
Constitution and Deconstitution
The new Constitution may indeed have been a “ founding, ” but not ex nihilo .
It was , as Sheldon Wolin has observed , also a deconstitution , most immedi -
ately of the Articles of Confederation , but also of the varied state constitu -
tions. In objecting to the unaccountability of the new Constitution , the
Anti - Federalists were not denying that there were problems with the existing
confederation or that a greater concentration of governmental power may be
necessary. There was in fact wide acceptance that the situation in the country
was critical. Even though the span of their opinions was considerable, the
Anti - Federalists did . nevertheless , tend to believe that the Federalists were
overstating the crisis, that the problems were contextual more than institu -
tional , and that the Articles could be reformed without having to adopt the
radical solution of creating a new constitution.
The Articles , which might be regarded more as a set of treaties than as a
centralized system , had hardly been a pinnacle of accountability. They were
never subjected to popular ratification . Given that Congress was appointed by
state legislatures, there was no way for voters to hold legislators accountable
at elections. There was no executive branch at all , and consequently there was
no body to hold to account for the carrying out of decisions. At the same time ,
states were not held to account for their commitments. Congress did not
reflect the diversity of the American people within states or, given that each
state had one vote regardless of population , among states. In addition , Con -
gress’s sessions were often so sparsely attended as to lack a quorum , which
made decision making difficult and accountability elusive. Despite these
shortcomings, there was a system of accountability in the confederation that
was noteworthy for its state centeredness and for the frequency with which
officials were held to account . What’s more, for all of its accountability prob-
.
lems , the Articles had the virtue of weakness (a virtue that was of course, also
its undoing) . The prospect that Congress would form a tyrannical central
government that would usurp local and state authority was very unlikely
given the limits of its coercive power and given how much authority was
vested in the individual states. By proposing to concentrate power in a na -
tional government , the Federalists were raising both the stakes and the dan -
ger. Greater concentrations of federal power also intensified the need for
vigorous accountability mechanisms to instill a strong sense of responsibility
among officials.
-
This having been said , for the Anti Federalists , the problem extended
beyond the fact that the new government would be strong. It also included the
fact that the new government would be further detached from local commu-
nities. The Anti- Federalists tended to follow the conventional republican wis-
dom of their day that associated principles of popular sovereignty with the
homogeneity of small republics. Even though they, like many others of the
age , were skeptical about the viability of a small republic in an age of growing
commerce and warring nation -states, they nevertheless believed that govern -
ment needed to maintain close ties to small communities. Consequently,
while most of them accepted the need for some form of union and for a more
energetic government than had been provided under the Articles ( especially
when it came to issues of debt and defense ) , they also advised great caution
about concentrating power at too great a distance ( on multiple dimensions)
from the diverse communities it was expected to serve ’
Unlike the Federalists, for whom diversity within and between states
posed an obstacle to the organizational needs of federal power, for the An -
ti - Federalists the challenge was not to manage diverse communities but rather
to empower them. They were particularly wary that electoral institutions would
be manipulated in ways that would allow a class of urban elites to use a seem -
ingly popular mandate to assume power against the interests of lower and
middling classes and agrarian communities ( as embodied in the figure of the
virtuous yeoman farmer ). These heightened anxieties reflected an awareness
that systems of accountability can themselves be made to support elitist forms
of control. Whereas the Federalists feared that a more participatory account -
ability regime would undermine the republican character of the constitution
by opening the door to factions , the Anti - Federalists feared that a more distant
government would eviscerate the participatory energies necessary for up -
holding and defending the republican spirit .
The Importance of Timely Accounting
Consider the Anti - Federalist approach to the frequency of electoral account -
ability. When it comes to accountable government , timing matters. As noted
previously. Madison argued that governing and accountability problems result
if accountability cycles are too short . The Anti - Federalists , by contrast , pointed
to the problems that result when electoral cycles are too long. Defending the
—
practice of holding annual elections something done both within state gov-
—
ernments and under the Articles the Anti - Federalists tended to believe that
the two-year term in office for representatives and the six-year term in office
for senators would be simply too long to ensure , in Centinel’s words , “ a due
dependence and accountability to their constituents. ” When terms in office
are long, representatives have incentives to discount future electoral account -
ings and to pursue interests other than those of their constituents. Brutus’s
remarks about the Senate are characteristic: “ Men long in office are very apt to
feel themselves independent [and ] to form and pursue interests separate from
those who appointed them .” In the abstract , regular elections induce offi -
cials to " recollect " the people’s interests. This disciplinary effect is, however,
confounded by long election cycles , which tend to wean politicians from their
constituents. Shorter terms in office, by contrast , ostensibly compel legisla -
tors to become better acquainted with their constituents while allowing con -
stituents more frequent opportunities to hold these legislators to account for
their performance.
In addition to shorter election cycles, many Anti - Federalists also argued
that states should retain the authority to recall senators ' Such an institution
had existed under the confederation as well as within some state constitu -
tions, and its removal under the Constitution reflected the shift of account -
ability away from states. The idea of the recall had come up briefly in the
Constitutional Convention of 1787 , and then again as proposed amendments
in the New York and Massachusetts ratifying conventions. In reaction to
Hamilton’s assertions that the recall would render the senator “ a slave to all
the capricious humors among the people,” the recall’s Anti - Federalist sup-
porters countered that the recall had never been deployed under the confeder-
ation . Moreover, even if the recall had been deployed , they argued , too much
dependence was hardly the greatest danger. As "The Federal Farmer ”
warned , " Men elected for several years , several hundred miles distant from
their states, possessed of very extensive powers , and the means of paying
themselves , will not , probably, be oppressed with a sense of dependence and
responsibility ” ( 2.8.147). Anti - Federalists like The Federal Farmer feared that
senators, on account of their long appointments , would " lose their respect for
the power from whom they receive their existence," and consequently that
they would "disregard the great object for which they are instituted. ” As an
accountability mechanism , the recall option would help states ensure that rep-
resentatives perform responsibly. In the words of The Federal Farmer, “ the
principle of responsibility is strongly felt in men who are liable to be recalled
and censured for their misconduct.” The Federal Farmer goes on to argue
that , beyond its effects upon politicians , the recall option would empower
local actors to keep an eye on the federal government: “ Where there is a power
to recall , trusty centinels among the people, or in the state legislatures , will
have a fair opportunity to become useful ” ( 2.8.147). This concern over the
condition of vigilant citizens is characteristic of the Anti - Federalist approach
to accountability.
For some Anti - Federalists , the very presence of the Senate, with its long
terms in office, was an obstacle to accountability. For these, the Senate marked
a departure from the responsibility one finds in an idealized simple and small
republic. Centinel was particularly outspoken on this point:
i f . . . you vest all the legislative power in one body of men (separating
the executive and judicial ) elected for a short period , and necessarily
excluded by rotation from permanency, and guarded from precipi -
tancy and surprise by delays imposed on its proceedings , you will
create the most perfect responsibility for them , whenever the people
feel a grievance they cannot mistake its authors, and will apply the
remedy with certainty and effect , discarding them at the next election .
This tie of responsibility will obviate all the dangers apprehended
from a single legislature, and will the best secure the rights of the
people. ( 2.7.10 )
The number of the representatives ( being only one for every 30 , 000
inhabitants) appears to be too few, either to communicate the requisite
information , of the wants , local circumstances and sentiments of so
extensive an empire, or to prevent corruption and undue influence , in
the exercise of such great powers .. . ( 2.7.22 )
Responding to Hamilton’s rejection of the claim that all interests of the com -
munity should be represented , Melancton Smith , for example , argued that the
knowledge necessary for the representation of a free people extends beyond
that which is acquired by “ men of refined education , who have leisure to at -
tain high degrees of improvement. ” Rather, it should also comprehend “ that
kind of acquaintance with the common concerns and occupations of the
people, which men of the middling class of life are in general much better
competent to, than those of a superior class” ( 6.12.15). Enlarging the size of
the legislature would result in men of the middling class having a better
chance at entering government, and it would enable “ commoners" to demand
that their experiences and needs be addressed. This was precisely what the
Federalists sought to avoid , because it signaled the introduction of less com -
petence and more passion into government. For the Anti - Federalists, how -
ever, representation by a broader and more diverse set of the population was a
condition of truly accountable government.
Political Culture and Democratic Accountants
For the American founding generation , accountability constituted part of a
politics of control through which the concentrated power of delegated au -
thority would be checked and guided by the periodic exercise of popular sov-
ereignty. Nevertheless , as I have already suggested , government is not the only
object of control. Accountability institutions can also have controlling effects
on citizens. Though this might be useful for the organizational needs of insti-
tutional power, such effects might also undermine the very popular energies
that government accountability requires as its conditions of possibility. Ac-
countability is part of the process through which citizens help shape the ends
of government. Consequently, evaluating accountability mechanisms requires
assessing how effectively they enable and transmit diverse citizens’ feedback.
This is to suggest that even from the perspective of institutional efficacy and
good governance, maintaining a culture of citizen involvement is crucial.
In the quest for institutions of accountability that reflect the spirit of pop-
ular sovereignty, the accounting capacity of the citizenry matters. Republican
accountability depends , in short , upon republican “ accountants.” In this vein ,
one might see the Anti - Federalists’ efforts to narrow the gaps between repre-
sentatives and citizens as efforts to defend the diverse political cultures in
which citizen activity provided the structure for government accountability. To
be fair, the Anti - Federalists were not alone in recognizing the importance of
an enlightened and vigilant citizenry. In his New York ratification speeches ,
for example, Hamilton identified an enlightened citizenry as an indispensable
check against tyranny, and Madison showed considerable concern in his later
writings over the general tendency toward citizen complacency. In spite of
—
that , the Federalist authors with some major exceptions, such as Jefferson
—
tended to be less attentive than the Anti - Federalists to the influence that insti -
tutions have on the capacity of citizens to be enlightened , awakened , and
united. For the Anti- Federalists , it was a mistake to rely upon a vigilant citi-
zenry abstracted from the institutional context in which they live. As Smith
declared in response to Hamilton ,
To say, as this gentleman does , that our security is to depend upon the
spirit of the people , who will be watchful of their liberties , and not
suffer them to be infringed , is absurd . It would equally prove that we
might adopt any form of government. ( 6.12.20 )
Crucially for Smith , the issue was not only how the spirit of the people oper-
ates on government , but also how the government operates on the spirit of the
people. The two are thoroughly intertwined. Accountability institutions have
effects upon citizens. They can cause them to engage or disengage from poli-
tics , and they can develop or leave undeveloped the skills of collective political
action . Following Wolin , one might say that the wherewithal to hold govern -
ment to account constitutes a “ member skill" developed in particular political
cultures that both affect and are affected by political institutions. By super-
seding local and state governance institutions through the consolidation of
federal authority, the proposed Constitution involved a deactivation of the po-
litical cultures of accountability surrounding those institutions. Although the
new institutions of federal government would generate new cultures of ac-
countability around federal elections , the Anti - Federalists were skeptical about
the sort of citizen capacities they would foster. When citizens are expected to
engage with government only by voting once every two or four years , the skills
of demanding that government account for its activities go underdeveloped .
Within the Anti - Federalist framework , republican accountability requires in -
stitutions that not only depend upon a republican spirit but also encourage it ,
in diverse communities and among commoners as well as among the polit-
ical , economic, and indeed natural elite . From this perspective, some disorder
is to be expected as part of vibrant public life in a diverse republic.
When it comes to institutional design , history has been kinder to the Fed-
eralists’ perspective. In many respects , they had the winning argument , and
their insights subsequently shaped many of the dominant ideas about how
democracy and accountability should be structured in modern polities. Theirs
was a vision of accountability conceived for an expanded sphere of national
government. The Anti - Federalists’ vision , by contrast , emerged out of a con -
cern over what would be lost as the political sphere expanded and govern -
ment’s power intensified. Their more participatory approach to accountability
became increasingly difficult to realize as government moved further from
the local level. Though they did offer some concrete suggestions for institu-
— —
tionalizing greater accountability on the national level examples include
annual elections , the recall , and larger assemblies these were losing propo-
sitions arguably intended less as suggestions for perfecting the national order
and more as rationales for rejecting the Constitution as inherently unsafe and
unaccountable. This does not , however, make their vision of accountability
any less important today, especially if one attends to the anxieties they
expressed rather than to the specific institutions they proposed. Problems of
political disempowerment persist in contemporary politics. Distances don 't
cease to be a problem for democratic accountability just because they grow
wider. This point is particularly salient given contemporary patterns of global -
ization that challenge national frameworks and widen the gaps separating
those who make major governance decisions from the communities and indi -
viduals governed by those decisions. The Federalists may have won the histor-
ical argument but the search for alternatives makes it all the more important
to reconsider arguments that did not win the day.
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