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John Grove Reviews Alin Fumurescu's "Compromise and the American Founding"
Michael Ramsey

At Law & Liberty, John G. Grove: Who Are “We The People” Anyway? (reviewing Alin Fumurescu [Houston, Political Science], Compromise and the American Founding: The Quest for the People’s Two Bodies (Cambridge University Press 2019).  From the introduction: 

"The king is dead. Long live the king!" This seemingly contradictory proclamation made upon the death of a monarch encapsulates the theory of the “king’s two bodies.” The medieval concept differentiated between the king as a physical human being, mortal and capable of error, and the king as the body politic, “a Body that cannot be seen or handled, consisting of Policy and Government, and constituted for . . . the Management of the public weal,” as Elizabeth I’s lawyers put it. Upon the death of the old monarch, this public body immediately took residence in the new king, along with his physical presence.

In his recent book, Compromise and the American Founding: The Quest for the People’s Two Bodies, Alin Fumurescu argues that the notion of “two bodies” extends far beyond the age of kings. Assistant Professor of Political Science at the University of Houston, Fumurescu makes a strong case that the American founding—stretching from the Puritan settlements to the Civil War—can be understood as an extended working out of two rival conceptions of “the people” which reflect these same conceptions of the king.

The People’s Two Bodies

The first body corresponds to the physical body of the king: the people conceived of as a collection of equal individuals, united for their own interests and moving, as Locke put it, “whither the greater force carries it,” i.e. by the majority. This body generally reflects liberal social contract theory. Because of its reliance on majority rule, this is generally what we mean when we refer to the majority or the many (contra the elite) as “the people.”

The second conception sees the people as a “corporation, hierarchically structured, ruled by reason for the sake of the common good.” This is the more classical conception of a people as a whole greater than and, in some ways, more important than the parts that make it up. This unified, corporate body relies for guidance not on the majority but on a natural aristocracy, capable of seeing beyond individual self-interest.

Fumurescu’s thesis is that the development of American politics from the Puritans to the Civil War can be understood as a centuries-long grappling with these two competing, but equally essential, conceptions of the people. Ultimately, some sort of balance between these two was necessary to prevent either one from straying into dangerous territory. The corporatist conception of the people always threatens to devolve into “unchecked power” and rule by corrupt leaders; the liberal conception of the people threatens to devolve into a “licentious mob.” We see this most clearly in the Constitution’s ratification debates, in which Federalists worried about mob rule, while Anti-Federalists worried about an unchecked ruling class. Each seized on a different conception of “the people.” Understanding this balance helps us to weave together many partially correct narratives about the founding.

And from the conclusion:

The book is not a light read, and is suited best for scholars of the founding era. It weaves together many various themes from Puritan theology of personhood to virtual representation to the development of partisan government. As the thesis acknowledges, the underlying differences about “the people” are often buried under layers of rhetorical and theoretical expostulations on more “surface-level” topics. As such, it can be difficult to follow through the dense historical jungle that the book traverses.

The thesis is compelling. It hits on two fundamental political truths that are in a degree of tension with one another: One is the observation that “the people” is made up of individuals and is meant to promote the good of those individuals. Nevertheless, a body politic is something more than a joint-stock company, aiming only at individual advancement and governed by the majority. The ideas expressed by the most cogent political thinkers—especially those committed to popular rule but nonetheless concerned about the dangers of majoritarianism—typically recognize these dual truths. It is useful to study the founding era from this perspective.

One is nevertheless left with a sense that perhaps the book bites off more than it can chew. Such a broad and all-encompassing thesis cannot be fully demonstrated in 250 pages. This is especially true of the discussion of the Constitution and the antebellum era, two topics that have been so exhaustively studied as to likely require an entire book dedicated to each.

Fumurescu has convincingly shown that “the people’s two bodies” is a productive approach to many of the issues that defined American development. As we enter a time when honest, non-ideological assessment of America’s past is becoming more difficult to find, this is a valuable contribution.