The United States Constitution has been ratified by the 13 states, and the compromises included in its articles assured support for its passage because of a division of power between three branches of government, a balance of authority between sovereign states and a sovereign nation, and a specified protection for individual rights.

So, everyone’s happy and in agreement?

Well, no.

You might recall that James Madison, my constitutional hero, had argued in one of his segments of The Federalist Papers that the Constitution organized the government in such a way that the natural factions that occur in society could be controlled. Madison considered a faction to be any group of citizens who might pursue their own self-interests at the expense of the “greater good.” He believed that factions would always exist but that the natural diversity of interests in society would balance with each other in a republic.

The Constitution had been drafted in such a way as to limit dominance by any one group and, therefore, factions would exist but be unable to exert undue influence. (I do love an optimist, especially one as brilliant as Madison.)

Was Madison correct? No, not this time.

The strongest factions would morph into our first political parties, much to President George Washington’s displeasure, and are now an accepted part of our republic and its working protocol.

Washington attempted to set an example for national leaders by selecting advisors whose opinions he valued but who did not always agree with each other. Our first president believed that civic discourse was healthy for the nation and that often the best answer might fall somewhere between the positions taken by the leaders of the factions.

And he should know because he appointed the most vocal leaders of the two strongest factions in the 1790s to his cabinet: Thomas Jefferson (Secretary of State) and Alexander Hamilton (Secretary of Treasury). Each had very different ideas about policy issues and, as a result, the two were often in conflict — with Washington serving as the referee.

Eventually, Washington began to rely more often on Hamilton’s ideas regarding foreign and domestic policy, and Jefferson, long a voice for the republic and Washington’s fellow Virginian, resigned.

Hamilton and his followers, including Vice President and Founding Patriot John Adams, became known as the Federalists, while Jefferson and his followers chose to be known as the Democratic-Republicans.

What were their major points of disagreement? Many, but the single most significant difference regarded the interpretation of the United States Constitution. Hamilton and the Federalists argued a point that would become known as “loose construction” — meaning that the Constitution was designed to create a national government to deal with all national issues, and unless the Constitution strictly prohibited that action, the national government could take any necessary action.

Jefferson quaked at that idea. “Loose construction,” in Jefferson’s mind, was synonymous with “runaway governmental interference.” Jefferson and his followers promoted “strict construction” — the idea that if the Constitution did not specifically give that power to the national government, then it was prohibited from exercising that authority. Jefferson felt strongly that if the national government could define its own power, then the rights of the people were in peril.

Do you see the potential conflict? Definitely.

Why did Jefferson believe that Hamilton and his followers — the Federalists — might find a way to increase their power at the risk of individual and states’ rights? Two major phrases in the Constitution were potentially dangerous: the GENERAL WELFARE and NECESSARY AND PROPER clauses. The Constitution authorized Congress to “lay and collect taxes” as part of its role to provide for the common defense and the general welfare, AND to make all laws “necessary and proper.” Gracious goodness — Jefferson was absolutely frightened by the possibilities.

Hamilton thought Jefferson’s fears were unrealistic. After all, the power to tax and make laws had been relegated to the United States Congress, and the people elected their members of the House of Representatives and their state senates, which would appoint their U.S. senators. What could possibly go wrong if the will of the people prevailed?

Oh, my!