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U.S. Constitution
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U.S. Constitution
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satirists and political theorists of the 17th and 18th centuries. This paper
will explore key themes of this era which were translated into the design
of a particular complex organization via the U.S. Constitution. The human
understanding embedded in this process will be compared and contrasted
with some current psychoanalytic concepts relevant to group and individ-
ual political and organizational behavior, to see if these perspectives from a
different era might offer some “new” insights of use to us today.
them with mutual animosity, and rendered them much more disposed to vex and
press each other than to cooperate for their common good . . . but the most com-
mon and durable source of factions has been the various and unequal distribution of
property. (p. 123–124)
Those who hold and those who are without property have ever formed distinct inter-
ests in society. Those who are creditors, and those who are debtors, fall under a like
discrimination. A landed interest, a manufacturing interest, a mercantile interest, a
monied interest, with many lesser interests, grow up of necessity in civilized nations,
and divide them into different classes, actuated by different sentiments and views.
The regulation of these various and interfering interests forms the principle task of
modern legislation and involves the spirit of party and faction in the necessary and
ordinary operations of government. (p. 124)
The diversity in the faculties of men, from which the rights of property originate,
is not less an insuperable obstacle to a uniformity of interests. The protection of
these faculties is the first object of government. From the protection of different and
unequal faculties of acquiring property, the possession of different degrees and kinds
of property immediately results; and from the influence of these on the sentiments
and views of the respective proprietors ensues a division of society into different
interests and parties. (p. 124)
The third and in some ways most profound paradox is that individuals and
groups participating in the democratic process, biased as they are by their
own interests, must make impartial judgments for the common good.
No man is allowed to be a judge in his own cause, because his interest would certainly
bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with
greater reason, a body of men are unfit to be both judges and parties at the same
time; yet what are many of the most important acts of legislation but so many judicial
determinations, not indeed concerning the rights of single persons, but concerning
the rights of large bodies of citizens? And what are the different classes of legislators
but advocates and parties to the causes which they determine? (p. 124)
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Madison brushes aside a simple appeal to higher values and good conscience,
to a moral elite as a solution to this problem:
It is in vain to say that enlightened statesmen will be able to adjust these clashing
interests and render them all subservient to the public good. Enlightened statesmen
will not always be at the helm. Nor, in many cases, can such an adjustment be made
at all without taking into view indirect and remote considerations, which will rarely
prevail over the immediate interest which one party may find in disregarding the
rights of another or the good of the whole. (p. 125)
INTERESTS
What do we mean when we use the word “interest”? The first definition
in the Oxford English Dictionary is “the relation of being objectively con-
cerned in something, by having a right or title to, a claim upon, or a share
in.” A later definition states “the feeling of one who is concerned or has a
personal concern in anything; hence, the state of feeling proper to such a
relation; a feeling of concern for or curiosity about a person or thing” and,
finally “the fact or quality of mattering; concernment, importance.” One
strand of the meaning of “interest” has to do with ownership. Another has
to do with an enduring relationship of concern or involvement. It is worth
taking note of the variant meaning of interest in the financial sense: money
paid for the use of money over a stipulated period. Here “interest” reveals
that time is a dimension of the value of things. At an emotional and affec-
tive level, “interest” denotes a relationship, an involvement, with a thing, a
person, a belief or an idea: “I am interested in the work of Freud.” “I am
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In remaining aware of the capacities for good and evil in human life,
Jay, Madison and Hamilton were not simply concerned with outlining a
human psychology. Their purpose in keeping such issues in constant focus
was to design a government which would take account of this full range
of behavior and provide the best possible structure for promoting human
welfare. They were concerned not only with the dangers springing from
narrow interests and irrational factions, but with the dangers inherent both
in the democratic process—the tyranny of the majority—and from those who
govern:
In framing a government in which is to be administered by men over men, the great
difficulty lies in this: you must first enable the government to control the governed;
and in the next place oblige it to control itself. (Federalist No. 52, p. 320)
PSYCHOLOGICAL POSTULATES
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the sneers of the ambitious, the avaricious, the desperate, by the artifices of men who
possess their confidence more than they deserve it, and of those who seek to possess
rather than deserve it. (Federalist No. 71, p. 410)
Hamilton also described the narcissistic grandiosity which can manifest itself
at a group level in legislative bodies:
The representatives of the people, in a popular assembly, seem sometimes to fancy
that they are the people themselves, and betray strong symptoms of impatience and
disgust at the least sign of opposition from any other quarter . . . (Federalist No. 71,
p. 410–411)
I have previously alluded to the need for groups to define boundaries and
enemies. As Madison put it, groups may:
. . . split into two fixed and violent parties . . . in all questions, however unimportant
in themselves, or unconnected with each other, the same names stand invariably
contrasted on the opposite columns . . . unfortunately, passion, not reason, must have
presided over their decisions. When men exercise their reason cooly and freely on a
variety of distinct questions, they inevitably fall into different opinions on some of
them. When they are governed by a common passion, their opinions, if they are so
to be called, will be the same. (Federalist No. 50, p. 317)
The authors of The Federalist Papers also noted the influence of the size
of a group on emotional contagion and decision making. In general, they
believed that there was an optimal size in a decision making body, of sev-
eral dozen. Less than this did not “secure the benefits of free consulta-
tion and discussion,” and more led to what we would call a large group
phenomena:
Had every Athenian citizen been a Socrates, every Athenian assembly would still
have been a mob. (Federalist No. 50, p. 336)
. . . The more numerous any assembly may be, of whatever characters composed,
the greater is known to be the ascendancy of passion over reason. (Federalist No. 58,
p. 351)
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Adams saw the passion for distinction as both natural, acceptable and useful,
and at the same time potentially pathological and destructive. The emphasis
that Adams, Madison and Hamilton placed on the psychodynamics of leg-
islative bodies is an exception to Alford’s (1994) belief that earlier political
theorists did not consider group psychology.
It should be noted that although this era and its thinkers are generally
believed to articulate concepts of individualism, their understanding of the
need for responsiveness and approval from others as a central dynamic in
human motivation gives their thinking a distinct and complex interpersonal
quality. Thus John Adams:
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This theme is also prominent in the work of David Hume and Adam Smith,
whose 18th century writings were familiar to John Adams and the authors
of The Federalist Papers. Haraszti (1952) has shown that Adams’ reflec-
tions on human vanity are based on Smith’s Theory of Moral Sentiments
(1759). A central concept in Smith’s psychology is “sympathy,” which is akin
to modern concepts of empathy and partial identification: “This propen-
sity makes us enter deeply into each other’s sentiments, and causes like
passions to run, as it were by contagion . . .” (cited Lovejoy, p. 258–
259)
Smith describes a “principle of self-approbation and self-disapproba-
tion,” which is combined with a need to feel worthy of the praise of others:
We can never survey our own sentiments and motives, we can never form any judg-
ment concerning them, unless we remove ourselves, as it were, from our own natural
station, and endeavor to view them as at a certain distance from us. That we can do
this in no other way than by endeavoring to view them with the eyes of other people,
or as other people are likely to view them. (Theory of Moral Sentiments, Part III,
Ch. 1, p. 203–4)
Hume sees this not as a defect, but as a key mechanism through which socially
valuable behavior is supported:
. . . The virtuous are far from being indifferent to praise; and therefore they have
been represented as a set of vain-glorious men, who had nothing in view but the
applauses of others. But this . . . is a fallacy. It is very unjust in the world, when they
find any tincture of vanity in a laudable action, to depreciate it upon this account,
or ascribe it entirely to that motive. (Philosophical Essays on Morals, Literature and
Politics, cited in Lovejoy, p. 185–186.
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I esteem the man whose self-love, by whatever means, is so directed as to give him a
concern for others, and render him serviceable to society: as I hate or despise him,
who has no regard to any thing beyond his own gratifications and enjoyments. (An
Enquiry Concerning the Principles of Morals, p. 139)
Thus the conception of the individual in the 18th century was distinctly
interpersonal. Individuals were not seen as isolated entities motivated by
passion; rather their dominant need for social confirmation was thought to
lead to the internalization of group norms and the possibility of either vain or
virtuous behavior. So deep was this need that “happiness” included “virtue;”
passions were tamed and channeled into public life and service, and social,
or governmental structures were seen as necessary for personal happiness
and fulfillment.
The idea of utilizing organizational structures to control and balance ir-
rational passions for useful and virtuous ends also derived from the 18th
century concept of counterpoise, the belief that it is possible to accom-
plish desirable results by balancing potentially harmful passions against one
another.
In part, counterpoise reflected a conception of human nature as a New-
tonian outcome of vectors; in addition, it offered a secular concept of virtue,
derived from an introspective awareness of human motives. The concept
of counterpoise was also developed in relation to the concept of interests.
In the period leading up to the design of the Constitution, the meaning of
“interest” was “by no means limited to the material aspects of a person’s
welfare; rather, it comprised the totality of human aspirations, but denoted
an element of reflection and calculation with respect to the manner in which
these aspirations were to be pursued” (Hirschman, 1977). Thus a democratic
governmental organization as an arena for expression of interests could also
be designed, through appropriate structures of government, as a mecha-
nism through which emotionally driven and self-serving interests might be
tempered, delayed and balanced so as to mitigate the likelihood of harm-
ful decisions, and increase the possibility of decisions reflecting the public
interest. It was also hoped that the diversity of interests represented in the
political process would work to prevent the tyranny of majorities.
PSYCHOANALYTIC PERSPECTIVES
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CONSTITUTIONAL SPACE
delay, but delay of impulsive decision making in the service of refining, and
ultimately improving, the decisions made through the legislative process.
The constitutional space embodied in the legislative process allows
those participating to express their views fully, however extreme; to inter-
act with others; to clash and conflict; and to receive feedback and criticism,
without the danger of moving immediately to action. It facilitates both the
expression and the rendering harmless of other agendas indirectly relevant
to the legislative purpose: expressing grievances that reflect the legislator’s
constituency; posturing for that constituency; playing out personal rivalries
and ambitions within the Congress; and protecting the image of different
parties or political groupings within the Congress. The legislative process
serves as a forum for all to “have their say.” Along with all the rhetoric, a
process of filtering out claims and counterclaims, of seeing what arguments
and concerns are valid and realistic and which are exaggerated and unsub-
stantiated, can take place as well.
Rakove’s (1997) description of the making of the Constitution itself
(Chapter 9, “Creating the Presidency”) describes in detail three distinct
phases in the evolution of the concept of the Presidency during the
Constitutional Convention. In these phases, a whole range of proposals in-
volving the nature of the role of the President, how the President would be
elected, the length of the President’s term of office, the specific powers that
the President would have in relation to the Senate and to the government as
a whole, and a wide variety of other issues, were debated. Various proposals
outlining the President’s role were approved and later rescinded. Sometimes
the Constitutional Convention came to an impasse, and referred a problem
to a committee, postponing a decision for the moment. Deep-seated fears
and historical memories about the dangers of establishing a monarchy or
an aristocracy were expressed and tested against the realities of the role
envisioned, so far as it could be envisioned. Fears of a President being too
powerful and becoming tyrannical, or conversely, too weak and unable to
lead foreign policy or manage the defense of the country, were expressed and
tested. It is clear that this whole process was very necessary, had a timetable
all its own, and was ultimately productive.
One important feature of this process was a strict vow of confidentiality
given by the participants in the Constitutional Convention regarding the
nature of their deliberations. Although this vow increased the paranoia of
the populace at large, it appears to have been essential for their deliberations.
With very few exceptions this vow was not broken in the years during and
immediately after the completion of the Constitutional Convention. It would
appear to me that the participants in the Constitutional Convention gave
themselves a “space” with which to conduct these deliberations, sufficient
time, and the security of confidentiality, and that this allowed the emergence
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of their wisdom and creativity. This space allowed members to change their
minds, to tentatively accept a proposal and see where it would lead, and to
reflect and reconsider a proposal. It is easier to change your mind about a
legislative proposal when you have not broadcast your initial position to the
world.
The Constitutional Convention succeeded in establishing a constitu-
tional space, a space for productive, creative and wise decision making in
the Legislative process. In a sense, it might be thought of as a prototype of
what the framers hoped for in Congressional deliberations.
. . . role of narcissism in the public realm: as a spur for constructive planning and
collaborative action, if integrated with and subordinate to social and cultural pur-
poses; and as a source of sterile dissension and destructive conflict, if in the service
of unneutralized ambition or of rationalized rage (1985, p. 51)
Both Kernberg and Kohut emphasize the mutual seduction and regressive
pull of narcissistic tendencies in leaders and groups. Kernberg speaks of the
leader’s need for a healthy level of narcissism, realistic paranoia, talent, com-
petence, professional sentience, and moral values, along with appropriate
organizational structures, in resisting narcissistic regression and corruption.
He also discusses—and this is indirectly related to the framers’ concern with
balance in government—the need for an appropriate level of power and
authority in relation to the task at hand for the leadership of various organi-
zational structures. Kernberg also emphasizes the importance of appropriate
organizational structures generally in preventing regressive tendencies, just
as the designers of the Constitution sought to structure a legislative process
which would act to prevent impulsive group decisions made under the sway
of ambitious and talented leaders.
It is interesting to note that Kernberg, Kohut, and Rangell, psycho-
analysts who have been among the most thoughtful and productive in con-
tributing to our understanding of organizational dynamics, all start with their
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SOBER OPTIMISM
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REFERENCES
Adams, J. (1765–1814). In G. A. Peek, Jr. (Ed.), The political writings of John Adams.
Indianapolis, IN: Bobbs-Merrill (1954).
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Journal of Applied Psychoanalytic Studies [japa] PP277-346693 October 22, 2001 10:2 Style file version Nov. 19th, 1999
Adams, J. (1790). Discourses on Davila: A series of papers on political history. New York:
DaCapo Press, 1973.
Alford, C. F. (1994). Group psychology and political theory, New Haven, CT: Yale University
Press.
Ashley, M. (1961). England in the seventeenth century (1603–1714). Baltimore: Penguin Books.
Bailyn, B. (1992). The ideological origins of the American revolution. Cambridge, MA: Belknap
Press.
Bailyn, B. (1990). Faces of revolution: Personalities and themes in the struggle for American
independence. New York: Alfred A. Knopf.
Davis, M., & Wallbridge, D. (1981). Boundary and space: An introduction to the work of D. W.
Winnicott. New York: Brunner/Mazel.
Dunn, J. (1984). Locke. New York: Oxford University Press.
Ellis, J. (1993). Passionate sage: The character and legacy of John Adams. New York: W. W.
Norton.
Elson, M. (Ed.). (1987). The Kohut seminars on self psychology and psychotherapy with children
and young adults. New York: W. W. Norton.
Epstein, D. (1984). The political theory of The Federalist. Chicago: University of Chicago Press.
Freud, S. (1921). Group psychology and the analysis of the ego. In J. Strachey, (Ed.), Standard
Edition of Works of Sigmund Freud, V. 18. London: Hogarth Press.
Gay, P. (1969). The enlightenment: An interpretation-The science of freedom. New York: Alfred
A. Knopf.
Hamilton, A., Jay, J., & Madison, J. (1788). The Federalist Papers. I. Kramnick (Ed.), New York:
Penguin.
Haraszti, Z. (1952). John Adams: The prophets of progress. Cambridge: Harvard University
Press.
Hirschman, A. O. (1977). The passions and the interests: Political arguments for capitalism before
its triumph. Princeton, NJ: Princeton University Press.
Hobbes, T. (1668). Behemoth or the long parliament. Ferdinand Tonnies (Ed.), London, 1889.
Reprinted with an Introduction by Stephen Holmes. Chicago: University of Chicago Press,
1990.
Hobbes, T. (1651). Leviathan. Michael Oakeshott (Ed.) with an Introduction by Richard
S. Peters. London: MacMillan, 1962.
Hobbes, T. (1640). The elements of law natural and politic. J. C. A. Gaskin (Ed.). Oxford: Oxford
University Press, 1994.
Holmes, S. (1990). Political psychology in Hobbes’s Behemoth. In Mary G. Dietz (Ed.), Thomas
Hobbes and political theory. Lawrence, KS: University Press of Kansas.
Hume, D. (1777). An enquiry concerning the principles of morals. LaSalle, IL: Open Court
Publishing Company, 1953.
Hume, D. (1777) Essays: Moral, political and literary, E. F. Miller (Ed.), rev. edition, Indianapolis,
IN: Liberty Fund, 1985.
Isaac, E. (1969). God’s acre. In P. Shepard & D. McKinley (Eds.), The subversive science: Essays
toward an ecology of man. Boston: Houghton Mifflin Co.
Kernberg, O. F. (1991). The moral dimensions of leadership. In S. Tuttman (Ed.), Psychoanalytic
group, theory and therapy: Essays in honor of Saul Scheidlinger (pp. 87–112). Madison, CT:
International Universities Press.
Kernberg, O. F. (1998). Ideology, conflict, and leadership in groups and organizations. New
Haven, CT: Yale University Press.
Klein, M., & Riviere, J. (1964). Love, hate and reparation. New York: W. W. Norton.
Kohut, H. (1985). On leadership. In C. B. Strozier (Ed.), Self psychology and the humanities:
Reflections on a new psychoanalytic approach (pp. 51–72). New York: W. W. Norton.
Lear, J. (1998). Open minded: Working out the logic of the soul. Cambridge, MA: Harvard
University Press.
Lovejoy, A. O. (1961). Reflections on human nature. Baltimore: Johns Hopkins Press.
Madison, J. (1792). Property. In The Papers of James Madison, v. 14, National Gazette, March
27, 1792. Charlottesville, VA: University Press of Virginia, 1983.
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