Formation of the Union, 1750-1829Hart, Albert Bushnell
History
Formation of the Union, 1750-1829
Hart, Albert Bushnell
United States -- History; United States -- Politics and government
They were little more affected by the experience of other European
nations. Just before they assembled, Madison drew up an elaborate abstract
of ancient, mediæval, and existing federal governments, of which he sent a
copy to Washington. It is impossible to trace a single clause of the
Constitution to any suggestion in this paper. The chief source of the
details of the Constitution was the State constitutions and laws then in
force. Thus the clause conferring a suspensive veto on the President is an
almost literal transcript from the Massachusetts constitution. In fact,
the principal experiment in the Constitution was the establishment of an
electoral college; and of all parts of the system this has worked least as
the framers expected. The Constitution represents, therefore, the
accumulated experience of the time; its success is due to the wisdom of
the members in selecting out of the mass of colonial and State
institutions those which were enduring,
[Sidenote: Novelties.]
The real boldness of the Constitution is the novelty of the federal system
which it set up. For the first time in history an elaborate written
constitution was applied to a federation; and the details were so
skilfully arranged that the instrument framed for thirteen little
agricultural communities works well for forty-four large and populous
States. A second novelty was a system of federal courts skilfully brought
into harmony with the State judiciary. Even here we see an effect of the
twelve years experience of imperfect federation. The convention knew how
to select institutions that would stand together; it also knew how to
reject what would have weakened the structure.
63. THE GREAT COMPROMISES (1787).
[Sidenote: State sovereignty.]
It was a long time before a compromise between the discordant elements
could be reached. To declare the country a centralized nation was to
destroy the traditions of a century and a half: to leave it an assemblage
of States, each claiming independence and sovereignty, was to throw away
the results of the Revolution. The convention finally agreed that while
the Union should be endowed with adequate powers, the States should retain
all powers not specifically granted, and particularly the right to
regulate their own internal affairs.
[Sidenote: Representation of States.]
Public-domain text, read in full here on John Shaqi.
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