Constitutional history -- United States -- Sources; Constitutional law -- United States
The separate governments in a confederacy may aptly be compared with
the feudal baronies; with this advantage in their favor, that from the
reasons already explained, they will generally possess the confidence
and good-will of the people, and with so important a support, will be
able effectually to oppose all encroachments of the national
government. It will be well if they are not able to counteract its
legitimate and necessary authority. The points of similitude consist in
the rivalship of power, applicable to both, and in the CONCENTRATION of
large portions of the strength of the community into particular
DEPOSITS, in one case at the disposal of individuals, in the other case
at the disposal of political bodies.
A concise review of the events that have attended confederate
governments will further illustrate this important doctrine; an
inattention to which has been the great source of our political
mistakes, and has given our jealousy a direction to the wrong side.
This review shall form the subject of some ensuing papers.
PUBLIUS.
THE FEDERALIST.
No. XVIII.
The Same Subject Continued
(The Insufficiency of the Present Confederation to Preserve the Union)
For the Independent Journal.
HAMILTON AND MADISON
To the People of the State of New York:
Among the confederacies of antiquity, the most considerable was that of
the Grecian republics, associated under the Amphictyonic council. From
the best accounts transmitted of this celebrated institution, it bore a
very instructive analogy to the present Confederation of the American
States.
The members retained the character of independent and sovereign states,
and had equal votes in the federal council. This council had a general
authority to propose and resolve whatever it judged necessary for the
common welfare of Greece; to declare and carry on war; to decide, in
the last resort, all controversies between the members; to fine the
aggressing party; to employ the whole force of the confederacy against
the disobedient; to admit new members. The Amphictyons were the
guardians of religion, and of the immense riches belonging to the
temple of Delphos, where they had the right of jurisdiction in
controversies between the inhabitants and those who came to consult the
oracle. As a further provision for the efficacy of the federal powers,
they took an oath mutually to defend and protect the united cities, to
punish the violators of this oath, and to inflict vengeance on
sacrilegious despoilers of the temple.
In theory, and upon paper, this apparatus of powers seems amply
sufficient for all general purposes. In several material instances,
they exceed the powers enumerated in the articles of confederation. The
Amphictyons had in their hands the superstition of the times, one of
the principal engines by which government was then maintained; they had
a declared authority to use coercion against refractory cities, and
were bound by oath to exert this authority on the necessary occasions.
Public-domain text, read in full here on John Shaqi.
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