“It may be a reflection on human nature,” Madison wrote in a famous passage in FederalistNo. 51 describing the checks in the Constitution, “that such devicesshould be necessary to control the abuses of government. But what isgovernment itself, but the greatest of all reflections on human nature?If men were angels, no government would be necessary. If angels were togovern men, neither external nor internal controls on government wouldbe necessary.”
The Constitution’s negative character reflected its basic goal: toprotect people in their liberty. In starkcontrast, Europeanconstitutions, even prior to World War II, established positive rightsto government benefits. As Mary Ann Glendon notes, these differences“are legal manifestations of divergent, and deeply rooted, culturalattitudes toward the state and its functions.”
This framework of freedom made possible the flourishing of the greatest commercial republic in history.