Vices of the Political System of the United States by James Madison
Vices of the Political System of the United States (April 1787)
Observations by James Madison (J. M.) ( \text{(Copy taken by permission from Danl. Carroll and sent to Chs Carroll of Carrollton)} )
1. Failure of the States to Comply with Constitutional Requisitions
This issue has been extensively observed both during the war and after the peace.
The failure is a result of the number and independent authority of the States.
Such non-compliance is not only a habitual issue but is fundamentally fatal to the objectives of the current system.
2. Encroachments by the States on Federal Authority
Numerous instances demonstrate states overriding federal authority whenever their local interests are at stake.
Examples include:
Wars and treaties managed by Georgia with the Indians.
Unauthorized agreements between Virginia and Maryland, and between Pennsylvania and New Jersey.
Troops raised and maintained by Massachusetts contrary to federal directives.
3. Violations of Law of Nations and Treaties
Due to the many state legislatures and the backgrounds of their members, violations of international law occur frequently.
Annual instances of violation involve:
Treaty of peace with Great Britain.
Treaty with France.
Treaty with Holland.
Foreign powers have shown moderation towards the United States but have not guaranteed a continued leniency for these violations.
4. Trespasses of States on the Rights of Each Other
Such violations present significant concerns and occur frequently.
For example:
Virginia's law restricting foreign vessels to specific ports.
Maryland favoring its own vessels.
New York enacting similar provisions.
The use of paper money, debt installment practices, court closures, and legal tender laws can be considered aggressive actions against the rights of other states.
Notably, if a state's laws favor debtors, they affect the creditor states similarly.
5. Lack of Coordination in Matters of Common Interest
This defect prominently appears in the national economic landscape.
Adverse effects on national dignity, interests, and revenue stem from this disunity.
Specific issues include:
Variations in naturalization laws.
Inconsistencies regarding literary property rights.
Absent provisions for national seminaries, incorporation grants, and general utility projects affected by recalcitrant state actions.
6. Lack of Guarantee for State Constitutions and Laws Against Internal Violence
The articles of Confederation do not address the protection of states against internal violence.
According to republican theory, the power of the majority should safeguard rights; however, this often fails in practical scenarios:
A military-trained minority may overpower the majority.
The poor, excluded from voting rights, might unite against established governance.
Slave populations can introduce significant challenges to republican ideals of governance.
7. Absence of Sanction for Laws and Coercive Governance
Sanction and coercion are essential for legislation and governance.
The lack of these elements leads to a system that resembles a mere treaty of commerce rather than a binding constitution.
Past confidence in the virtue of state assemblies contributed to these flaws but has proven misplaced.
The impracticality of unanimous compliance by 13 independent bodies has been evident since the war, highlighting the issue of expectant obedience.
8. Lack of Ratification by the People of Articles of Confederation
Some states recognize the Confederation under their constitutions, while others sanction it only through legislative authority.
This leads to two significant outcomes:
Confusion arises on which laws prevail when state laws conflict with newer congressional acts.
Treating the union as a league of sovereign entities rather than a unified political body allows states to breach obligations without severe consequences.
9. Multiplicity of Laws in the States
The various laws existing within states contribute to the overall dysfunction of the U.S. political system.
Multiplicity of laws problematically results in:
Ambiguity regarding citizens' duties and excess power for administrators.
The legislative output has increased alarmingly, drowning the necessary legal framework in inefficiency.
10. Mutability of the Laws of the States
The constant alteration and repeal of laws denote a failure in legislative maturity.
Unstable regulations harm both domestic citizens and foreign trade partners.
11. Injustice of the Laws of States
The previous issues of multiplicity and variability ultimately lead to blatant injustices within state laws that challenge the republican principle of majority safeguarding minority rights.
Factors contributing to injustice:
Tendencies within legislative bodies:
Candidates motivated by ambition and personal gain often outnumber those motivated by the public good.
The populace’s interests and common passions can lead the majority to violate minority rights without restraint.
Three major motives restraining violations:
A wise respect for community general welfare.
Maintaining a good social image per public opinion.
Religious motivations often fail to prevent injustices and can even support oppression.
12. Impotence of the Laws of the States
The laws enacted often lack the necessary force to enforce authority and maintain order, contributing to the broader issues lacking resolution in the political system of the United States.