Constitutional history -- United States -- Sources; Constitutional law -- United States
In our case, the concurrence of thirteen distinct sovereign wills is
requisite, under the Confederation, to the complete execution of every
important measure that proceeds from the Union. It has happened as was
to have been foreseen. The measures of the Union have not been executed;
the delinquencies of the States have, step by step, matured themselves
to an extreme, which has, at length, arrested all the wheels of the
national government, and brought them to an awful stand. Congress
at this time scarcely possess the means of keeping up the forms of
administration, till the States can have time to agree upon a more
substantial substitute for the present shadow of a federal government.
Things did not come to this desperate extremity at once. The
causes which have been specified produced at first only unequal and
disproportionate degrees of compliance with the requisitions of the
Union. The greater deficiencies of some States furnished the pretext of
example and the temptation of interest to the complying, or to the least
delinquent States. Why should we do more in proportion than those who
are embarked with us in the same political voyage? Why should we consent
to bear more than our proper share of the common burden? These were
suggestions which human selfishness could not withstand, and which even
speculative men, who looked forward to remote consequences, could not,
without hesitation, combat. Each State, yielding to the persuasive voice
of immediate interest or convenience, has successively withdrawn its
support, till the frail and tottering edifice seems ready to fall upon
our heads, and to crush us beneath its ruins.
PUBLIUS
1. "I mean for the Union."
FEDERALIST No. 16
The Same Subject Continued (The Insufficiency of the Present
Confederation to Preserve the Union)
From the New York Packet. Tuesday, December 4, 1787.
HAMILTON
To the People of the State of New York:
THE tendency of the principle of legislation for States, or communities,
in their political capacities, as it has been exemplified by the
experiment we have made of it, is equally attested by the events which
have befallen all other governments of the confederate kind, of which
we have any account, in exact proportion to its prevalence in those
systems. The confirmations of this fact will be worthy of a distinct
and particular examination. I shall content myself with barely observing
here, that of all the confederacies of antiquity, which history has
handed down to us, the Lycian and Achaean leagues, as far as there
remain vestiges of them, appear to have been most free from the fetters
of that mistaken principle, and were accordingly those which have best
deserved, and have most liberally received, the applauding suffrages of
political writers.
Public-domain text, read in full here on John Shaqi.
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