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The New Federalists.

 
 
Sofia
 
Reply Fri 9 May, 2003 07:16 pm
Asherman treated me to a little information about Federalism, and it piqued my curiosity.

I am a complete student here, at introductory level.

What level of states' rights would Federalism support?
What are some strengths and weaknesses of Federalism?
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Asherman
 
  1  
Reply Sat 10 May, 2003 07:32 am
The Constitution wasn't exactly a shoo-in. It had to be "sold" to a diverse public whose opinions about what Independance really meant. The States expected to each become little independant countries, and they adopted their own constitutions; many based upon their Royal Charters. The States were extremely jealous of their soveriegnty, and tended to regard the central government as little more than a formal alliance with other States. Each had their own currency, militia, and foriegn policies. This, of course, made a consistent and coherent national government almost impossible.

Within the States there was also some degree of chaos. Many people felt that with independance, they no longer were obligated to recognize any law or authority that they did not personally agree with. Some of the poor, and there were a great many of them, expected the revolution to redistribute the wealth in some sort of primitive communism. Farmers strapped for cash refused to pay taxes, and a barter economy was widespread in the countryside. As you might imagine, wealthier citizens were insistent upon their property rights and the protection of their personal fortunes. Investment was soft because capital was scarce, and the public debts from the long war of independance were astronomical. The rich and powerful tended to have a large voice in the State governments, and that tended to further widen the gulf between social classes. Unemployment was high, the States were nearing bankruptcy, and no effective central government existed.

Within a few years few would have expected the new nation to survive long. In disperation, the States authorized the Constitutional Convention with the expectation that their delegates would merely patch up the Articles of Confederation. Not all States sent delegates. Most of the delegates were well-educated and from the upper-classes, but all were dedicated to saving the nation. Jefferson did not attend, he was in France supporting the French Revolution and drinking fine wines. The delegates that did show up quickly agreed to several basics. First, the old Articles needed to be scrapped and a fresh start made. Second, the discussions and debates about what form of government the new country should adopt would be secret.

Out of those discussions and many compromises came our Constitution. It is surprisingly bereft of "philosophical flourishes". The delegates were mostly representatives of the Enlightenment generally given to pretty words, and their practical language reflects the seriousness with which they approached their task. The body of the Constitution sets forth in staid legal language the structure of a new government unlike any that had existed before. Roman government was probably the greatest influence, but the Iraquais Confederation also is believed to have been a good example. Small States with limited population feared being overwhelmed by the larger, more populous States. Everyone was concerned that a strong central government would somehow turn quickly into the very sort of "tyrany" they had fought to escape. Slavery was an important issue from the very beginning. Hard compromises were struck, just to get agreement on issues so that an effective central government might be formed. We should all be familiar with that structure, so I'll not burden you here with a more detailed discription.

When the Constitution was unveiled it did not meet with universal approval. To be adopted it had to be ratified by the People and the States. Many were unalterably opposed to the Constitution for a variety of reasons. States insistence on soverignty was a major obstacle, but fears regarding the potential for a central government to abuse its power and trample upon the basic values of the People was the greatest hurtle.

The Federalists swung into action and tried to answer the serious questions raised about what adoption of the Constitution would mean. Those little pamphlets and essays make up the Federalist Papers, one of the foundations on which our notions about the Constitution is based. Even those who read some of the Federalist Papers in school, should periodically revisit them. They are well worth studying by anyone interested in the Constitution and American government.

The Federalist Papers

Though many Federalists believed that the Constitution contained all the guarantees necessary, some insisted that some specific Rights be innumerated and made a part of the document. Based largely on the work of George Mason, the first ten amendments to the Constitution became our Bill of Rights. Adoption of the Bill of Rights became the final arguement for ratification. With the adoption of the Constitution final soveriegnty passed from the individual States to the Federal government defined by the Constitution. Thereafter, the Nation came first and the individual States second. Though there have been several secessionist movements in our history, none were successful or legal.
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Sofia
 
  1  
Reply Sat 10 May, 2003 10:08 am
Each had their own currency, militia, and foriegn policies.
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This, I did not know. Thanks for the link to the Federalist Papers. You are right about the need of many of us (aging, forgetful) to revisit.

And, though I recalled the major events you described, I was unmindful of some of the precipitating factors. It's easy to take the Constitution for granted. It really is a miracle.

Wonder if the EU will fare as well?
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georgeob1
 
  1  
Reply Sat 10 May, 2003 07:44 pm
I believe the EU just recently completed the initial round of talks concerning next steps for the political evolution of the so far largely bureaucratic structure it has evolved. Economic and social rulemaking has evolved into a growing body of common law and regulation, and the EU government has increasingly become a factor in the lives of many Europeans. Many question the role of the Eurpean Commission and there is some level of debate about the questions of national soverignty and federalism to which Asherman referred. All very preliminary and tentative so far. Perhaps it will require some serious failures or trouble, such as we experienced to lure them to seriously consider the next steps.
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