Insufficiency of the Articles of Confederation (15-22)

Question 1

15

Answer 1

Hamilton. Defects of Confederacy in Relation to Principle of Legislation for the States (1/6).

• To preserve the already existing Union, states must give up some sovereignty.
• Great and radical vice of Articles: legislation is made for states as states, not for the people.
• Therefore, under the Articles, laws have no sanction.
• Must extend authority of Union to the people.

Question 2

16

Answer 2

Hamilton. Defects of Confederacy in Relation to Principle of Legislation for the States (2/6).

• Under Constitution, states will need to actively resist federal executive power in order to spin off and do their own thing, harming the rest.
• Judicial powers helps too.

Question 3

17

Answer 3

Hamilton. Defects of Confederacy in Relation to Principle of Legislation for the States (3/6).

• Principle of legislation extended to citizens won’t mean the union absorbs local and state objects.
• National jurisdiction: commerce, finance, negotiations, war.
• Local jurisdiction: e.g. private justice, agriculture.
• Affections stronger for visible government, which right now is in the states.

Question 4

18

Answer 4

Madison. Defects of Confederacy in Relation to Principle of Legislation for the States (4/6).

• Ancient confederacies: Amphyctionic < Achaean.
• Amph: equal suffrage of sovereign states, but no enforcement power.
• Ach: states gave up own laws, so they got Union right, but failed at institutions.

Question 5

19

Answer 5

Madison. Defects of Confederacy in Relation to Principle of Legislation for the States (5/6).
- Germans failed to adopt a proper consolidation e.g. Charlemagne didn’t abolish diets.

Question 6

20

Answer 6

Madison. Defects of Confederacy in Relation to Principle of Legislation for the States (6/6).

• Dutch didn’t realize that government will always side with necessity.
• True patriots tried to save it but failed.

Question 7

21

Answer 7

Hamilton. Further defects of Confederacy (1/2).

• Lack of ability to impose sanctions for enacted laws.
• Lack of mutual guarantee of the state governments.
• Quota system for state contributions failed.
• Wealth of nations depends on infinite causes.
• Taxes on consumption include security against excess.

Question 8

22

Answer 8

Hamilton. Further defects of Confederation (2/2).

• Articles lacked power to regulate commerce.
• Articles lacked power to truly raise an army.
• Equal suffrage among states contradicts republican principle.
• Lack of judiciary power renders laws a dead letter.
• Articles were never even ratified by the people.