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
Most of the framers of the Constitution seem to have considered that a
compact between sovereign States, which rested for its efficacy on the
good faith of the parties, and had no other compulsory operation than
a resort to arms against a delinquent member, was a "federal"
government. This was the principle of the Confederation. At this early
stage of their deliberations, the idea which was intended by those who
favored a change of that principle, when they spoke of a "national"
government, was one that would be a supreme power with respect to
certain national objects committed to it, and that would have some
kind of direct compulsory action upon individuals. This distinction
was understood by all to be real and important. It led directly to the
question of the powers of the Convention, and formed the early line of
division between those who desired to adhere to the existing system,
and those who aimed at a radical change. The former admitted the
necessity for a more effective government, and supposed that the
Confederation could be made so by distributing its powers into the
three great departments of a legislative, executive, and judiciary;
but they did not suggest any mode by which those powers could be made
supreme over the authority of the separate States. The latter
contended, that there could be no such thing as government unless it
were a supreme power, and that there could be but one supreme power
over the same subjects in the same community; that supreme power could
not from the nature of things act on the States collectively, in the
usual and peaceful mode in which the operations of government ought to
be conducted, but that it must be able to reach individuals; and that,
as the Confederation could not operate in this way, the distribution
of its powers into distinct departments would be no improvement upon
the present condition of things.
Public-domain text, read in full here on John Shaqi.
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