Tyranny, like Hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.
Tom Paine
I’ve been pretty well out of circulation of late, for reasons involving my somewhat shaky health and the resulting extended “vacation”. But I have used much of that time doing some in-depth research into our Constitution… how it came into existence, why we have it, and just what it all means. No easy task I assure you, particularly for someone who has never been noted for brillant scholarly aptitude! In this case I’m using four particular items, the text of old Articles of Confederation, the U.S. Constitution, the Federalist Papers, and the Anti-Federalist Papers. There are also quite a number of essays on various aspects of the subject that make quite interesting reading. (All of this is available on-line if you’re so inclined.)
First a bit of history. The Second Continental Congress appointed a committee to draft a constitution for a union of the states in June 1776 (one day after they appointed a committee to draft the Declaration of Independence), and sent the draft to the states for ratification in November 1777. This early constitution became the “Articles of Confederation and Perpetual Union” in March 1781, although they were more or less in effect long before they were fully ratified. (Remember that communications were rather slow in 1777.) Under the Articles, the states retained sovereignty over all governmental functions not specifically handed over to the central “national” government. The Articles were created out of a perceived need to have "a plan of confederacy for securing the freedom, sovereignty, and independence of the United States." The unicameral Central Government was empowered to make war, negotiate diplomatic agreements, set weights and measures, operate the Post Office, regulate foreign commerce, collect customs duties, serve as the final court for disputes between states, and resolve the many issues regarding the western territories. (It also established term limits for Congressmen.) Under the articles, Congress could make decisions, but had no power over the states to enforce them. Any changes to the articles required the unanimous approval of the states. The majority of lawmaking also rested with the states, leaving the central government extremely weak, which posed a major problem when dealing with foreign powers. Passing any national laws required the approval of nine of the thirteen states as well. Congress was denied the power of taxation, and denied the power to run up a national debt. It could request money from the states, but was powerless to enforce such a request. Nor was the central government allowed a standing army, being limited to only enough troops to garrison various forts and arsenals. Congress was also denied the power to regulate interstate commerce, which left a lot of state tariffs and imposts creating havoc with the economy of the day.
No federal taxes… Humm, interesting. So if Congress wanted to spend some money on a pet project they could A.. try to talk the states into paying for it, or B.. pay for it out of their own pockets. And no Executive branch to hand out “stimulus packages”, “health care plans”, or to plague us with an army of bureaucrats! No Federal Judges… equally interesting… no activist judges to legislate from the bench! No standing army either (the state militias filled that role), which would make starting a “preemptive war” rather difficult. While many of us today would consider such stringent governmental limitations to be advantageous, at the time those limits came to be considered severe weaknesses, as without some central control the states were usually squabbling amongst themselves. (Picture the Congress of the era as a sort of mini UN, and equally ineffective.)
As the weaknesses of the Articles became more and more apparent, people began asking for changes which would create a stronger national government. As more states became interested, Congress approved (in 1787) a convention of delegates from each state "for the sole and express purpose of revising the Articles of Confederation" to "render the federal constitution adequate to the exigencies of Government and the preservation of the Union." All well and fine, except those delegates got carried away with their commission, and using the Articles as a template, wrote an entire new Constitution, the one we live under today.
The new Constitution was adopted by Congress and ratified by the individual states because it did solve the problems of the time. It also, perhaps unwittingly, laid the groundwork for many of the problems we face in our own age. As one pundit recently wrote, “it seems like the US Constitution was written by lawyers and financiers, to enhance the power and authority of lawyers and financiers.” He’s definitely got a point there! And Congress, in its infinite wisdom, seems unable (or at least unwilling) to do anything about those legal and economic problem that plague us today. From its inception our Constitution has been used by our politicians as an instrument to enhance Federal power, generally to the detriment of the individual states. Unfortunately it’s also been the weak link in every attempt to slow that Federal expansion, and so far has proven incapable of rolling back Federal power in every attempt made. So… what can be done, legally and properly, to correct this situation?
Stay tuned for my next exciting installment of the continued saga of the US Government, the Articles of Confederation, and the US Constitution.
First a bit of history. The Second Continental Congress appointed a committee to draft a constitution for a union of the states in June 1776 (one day after they appointed a committee to draft the Declaration of Independence), and sent the draft to the states for ratification in November 1777. This early constitution became the “Articles of Confederation and Perpetual Union” in March 1781, although they were more or less in effect long before they were fully ratified. (Remember that communications were rather slow in 1777.) Under the Articles, the states retained sovereignty over all governmental functions not specifically handed over to the central “national” government. The Articles were created out of a perceived need to have "a plan of confederacy for securing the freedom, sovereignty, and independence of the United States." The unicameral Central Government was empowered to make war, negotiate diplomatic agreements, set weights and measures, operate the Post Office, regulate foreign commerce, collect customs duties, serve as the final court for disputes between states, and resolve the many issues regarding the western territories. (It also established term limits for Congressmen.) Under the articles, Congress could make decisions, but had no power over the states to enforce them. Any changes to the articles required the unanimous approval of the states. The majority of lawmaking also rested with the states, leaving the central government extremely weak, which posed a major problem when dealing with foreign powers. Passing any national laws required the approval of nine of the thirteen states as well. Congress was denied the power of taxation, and denied the power to run up a national debt. It could request money from the states, but was powerless to enforce such a request. Nor was the central government allowed a standing army, being limited to only enough troops to garrison various forts and arsenals. Congress was also denied the power to regulate interstate commerce, which left a lot of state tariffs and imposts creating havoc with the economy of the day.
No federal taxes… Humm, interesting. So if Congress wanted to spend some money on a pet project they could A.. try to talk the states into paying for it, or B.. pay for it out of their own pockets. And no Executive branch to hand out “stimulus packages”, “health care plans”, or to plague us with an army of bureaucrats! No Federal Judges… equally interesting… no activist judges to legislate from the bench! No standing army either (the state militias filled that role), which would make starting a “preemptive war” rather difficult. While many of us today would consider such stringent governmental limitations to be advantageous, at the time those limits came to be considered severe weaknesses, as without some central control the states were usually squabbling amongst themselves. (Picture the Congress of the era as a sort of mini UN, and equally ineffective.)
As the weaknesses of the Articles became more and more apparent, people began asking for changes which would create a stronger national government. As more states became interested, Congress approved (in 1787) a convention of delegates from each state "for the sole and express purpose of revising the Articles of Confederation" to "render the federal constitution adequate to the exigencies of Government and the preservation of the Union." All well and fine, except those delegates got carried away with their commission, and using the Articles as a template, wrote an entire new Constitution, the one we live under today.
The new Constitution was adopted by Congress and ratified by the individual states because it did solve the problems of the time. It also, perhaps unwittingly, laid the groundwork for many of the problems we face in our own age. As one pundit recently wrote, “it seems like the US Constitution was written by lawyers and financiers, to enhance the power and authority of lawyers and financiers.” He’s definitely got a point there! And Congress, in its infinite wisdom, seems unable (or at least unwilling) to do anything about those legal and economic problem that plague us today. From its inception our Constitution has been used by our politicians as an instrument to enhance Federal power, generally to the detriment of the individual states. Unfortunately it’s also been the weak link in every attempt to slow that Federal expansion, and so far has proven incapable of rolling back Federal power in every attempt made. So… what can be done, legally and properly, to correct this situation?
Stay tuned for my next exciting installment of the continued saga of the US Government, the Articles of Confederation, and the US Constitution.
