Of Monarchs and Majorities: Thomas Paine's Problematic and Prescient Critique of the U.S. Constitution

Abstract

The goal of this article is to examine Thomas Paine's critique of the American Constitution, which depends largely on his rejection of the American executive and bicameral legislature. I contend that Paine's dim view of the American Constitution is consistent with his stated faith in human beings’ capacity for reasonable self-government, a faith that outstrips that of the Founders. While scholars usually attribute Paine's eventual alienation from the Founders to his participation in the French Revolution or his anti-Christian deism, this examination of Paine's thought reveals their substantive politico-theoretical disagreements and helps to explain his break with his American revolutionary brethren. I seek to adumbrate these theoretical differences to clarify Paine's contribution as a prescient—if problematic—critic of the American Constitution. The article closes by considering what modern readers might learn from Paine's critique of the U.S. Constitution.