Neoteric Papers No. 1 — The People Before the Powers

To the People of the Global Village:

Before I ask what powers a government should possess, I must ask by whose authority it possesses any power at all. The people are not the property of the institutions they establish. Institutions are entrusted with duties; they do not thereby become the owners of those who entrusted them.

I begin these Neoteric Papers with this distinction: government may organize authority, but it must never confuse that organization with ownership of humanity. I write as Shemsizedek to examine how liberty can survive the very arrangements created to protect it.

The question beneath the machinery

An office can have a seal, a budget, a procedure, and a long history, yet still owe an account of its authority. My first question is therefore not whether an institution is impressive. It is whether its powers can be explained, bounded, examined, and corrected by those who live under them.

I do not begin with the fantasy that a community can dispense with every common rule. Neighbors share roads, water, disagreements, dangers, and obligations. Their cooperation needs more than good intentions. But the necessity of cooperation does not settle the extent of command. A practical need for government is not a blank permission for every act performed in its name.

What the earlier arguments contribute

In the selections from his Second Treatise collected in The Founders’ Constitution, John Locke grounds political society in natural freedom and consent. His account distinguishes express membership from obligations associated with residence and enjoyment of a territory. I draw from him a question about the justification of authority, while refusing to turn his philosophical argument into a claim that an individual declaration cancels the laws governing a person’s conduct. [1]

The Pennsylvania ratifying convention’s dissenting minority, writing on December 18, 1787, feared that distant representatives could become detached from the people, that rights lacked adequate express protection, and that government could rely on force where public confidence failed. Those were arguments against the proposed arrangement, not proof that every prediction became fact. [2]

Federal Farmer No. 11, dated January 10, 1788, pressed the problem of dependence more directly. Representatives entrusted with extensive power needed effective accountability to their constituents. The essay advocated recall and rotation, while acknowledging the importance of deliberation and a fair hearing. These were proposed constitutional safeguards, not a demonstration that every such mechanism appeared in the Constitution ultimately adopted. [3]

The answer on the other side deserves equal care. In Federalist No. 39, Madison argued that republican authority could derive from the people directly or indirectly, with different tenures for different offices. Representation and institutional continuity could serve self-government rather than necessarily betray it. His defense addresses the proposed system of his time; it should not be mistaken for a description of every later electoral arrangement. [4]

My Neoteric judgment

I take the warning about distance seriously, and I take the argument for durable institutions seriously. A public servant cannot attend to every demand at once. Nor can a community safely substitute a moment’s anger for every considered rule. Yet a chain of delegation must remain a chain of responsibility. If each link merely points to the next until nobody will answer, the people have received a maze where they were promised a government.

My Neoteric interpretation is that authority must remain intelligible to the people who bear its consequences. This is a principle I propose, not a historical consensus I claim to have discovered. It requires more than publishing a document that only specialists can decipher. It asks an institution to state the source of its power, the purpose of its action, the limits it recognizes, the evidence it used, and the means by which an affected person can challenge an error.

Consider a hypothetical town allocating a limited water supply. Engineers can estimate capacity; administrators can coordinate distribution; representatives can approve priorities. Expertise matters. But a technical model does not, by itself, decide whose hardship counts, who pays, or what remedy follows a mistake. Those judgments need public reasons and accountable decision-makers. The resident who questions an allocation is not thereby an enemy of expertise. The expert who explains a constraint is not thereby an enemy of the people.

The objections I must answer

One objection says that constant public supervision would make effective government impossible. I answer that accountability need not mean a plebiscite on every administrative detail. Powers can be delegated through published standards, with routine reporting and proportionate review. A clear responsibility is often less burdensome than an obscure permission that produces repeated disputes.

A second objection says that a majority can be as oppressive as a ruler. I agree. The people cannot be reduced to the largest faction at a particular meeting. A person’s equal dignity must not depend on winning a vote. Any account of popular authority worthy of the name must explain how dissenters, minorities, and accused persons receive protection, a hearing, and a remedy.

A third objection warns that removal mechanisms can become weapons against officials who make necessary but unpopular decisions. That danger is real. I therefore do not prescribe indiscriminate recall as the remedy for every office. Different responsibilities require different safeguards, including fixed terms, independent review, evidence requirements, and fair procedures. A charge must be examined; an accusation must not become its own verdict.

The safeguards I propose

First, make delegation visible: identify who authorized a power, what it permits, and where it ends. Second, make reasons accessible: explain important decisions in language the affected community can understand. Third, make challenge practical: provide a known path to review, an answer within a stated process, and correction where an error is established.

Fourth, protect the dissenter: preserve fair hearings and equal treatment even when a person’s position is unwelcome. Fifth, match the safeguard to the office: oversight, renewal, removal, and independence should be designed around the duties being performed. These are proposals for institutional design. Their adoption requires the procedures applicable to the particular institution; this essay enacts none of them.

The people remain the purpose

I will not call a government wise merely because it gathers information, nor free merely because it conducts an election. I ask what happens when it is challenged, when its evidence fails, when its agents exceed their instructions, and when the least influential person seeks an answer. Those moments reveal whether responsibility is an ornament or a working practice.

The people before the powers does not mean every person above every common obligation. It means that institutions must justify their obligations and powers by reference to the human community they serve. I seek a government capable of acting, constrained from domination, and prepared to correct itself. That is the beginning of the Neoteric undertaking.

— Shemsizedek

Source notes and editorial distinction

The Neoteric Papers are an original series planned in 85 installments. That numbering is this project’s editorial design. The Founders’ Constitution is a wider anthology, organized by themes and constitutional provisions, containing Federalist, Anti-Federalist, and other writings. It is not a single historical set of 85 Anti-Federalist essays. The historical summaries above identify their sources; the Neoteric judgments and hypothetical example are my original interpretation.

[1] John Locke, Second Treatise, selected sections, 1689, The Founders’ Constitution, vol. 1, ch. 2, document 1. Read the primary-text selection.

[2] The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to Their Constituents, December 18, 1787, vol. 1, ch. 2, document 15. Read the primary-text selection.

[3] Federal Farmer, No. 11, January 10, 1788, vol. 1, ch. 2, document 16. Read the primary-text selection.

[4] James Madison, Federalist, No. 39, January 16, 1788, selected passage in vol. 1, ch. 4, document 24. Read the primary-text selection.

Collection context: The Founders’ Constitution — contents and editors’ introduction. Sources consulted October 29, 2026. This essay presents historical discussion and proposed principles, not a statement that its proposals are current law.


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