History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
At the time when the Convention was assembled, the general purpose
entertained throughout the Union appears to have been, by a revision
and amendment of the Articles of Confederation, to give to the
Congress power over certain subjects, of which that instrument did not
admit of its taking cognizance, and to add such provisions as would
render its power efficient. But it was not at all understood by the
country at large, that, while the nominal powers of the Confederation
might be increased at the pleasure of the States, those powers could
not be made effectual without a change in the principle of the
government. Hence, the idea of abolishing the Confederation, and of
erecting in its place a government of a totally different character,
was not entertained by the States, or, if entertained at all, was not
expressed in the public acts of the States by which the Convention was
called. This idea, however, was perhaps not necessarily excluded by
the terms employed by the States in the instruction of their
delegates: and we may therefore expect to find the members of that
assembly, in construing or defining the powers conferred upon it,
taking a broader or narrower view of those powers, according to the
character of their own minds, the nature of their previous public
experience, and the real or supposed interests of their particular
States.
Many of the persons who had been clothed with this somewhat vague and
indeterminate authority to "revise" the existing federal system, and
to agree upon and propose such amendments and further provisions as
might effectually provide for the "exigencies of the Union," were
statesmen who had passed the active period of their previous lives in
vain endeavors to secure efficient action for the powers possessed by
the Congress, both under the revolutionary government and under the
Confederation. They were selected by their States on account of this
very experience, and in order that their counsels might be made
available to the country.[4] They saw that the mere grant of further
powers, or the mere consent that the Congress should have jurisdiction
over certain new subjects, would be of no avail while the government
continued to rest upon the vicious principle of a naked federal
league, leaving the question constantly to recur, whether the compact
was not virtually dissolved by the refusal of individual States to
discharge their federal obligations. These persons, consequently, came
to the Convention feeling strongly the necessity for a radical change
in the principles and structure of the national Union; but feeling
also great embarrassment as to the mode in which that change was to be
effected.
Public-domain text, read in full here on John Shaqi.
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