Notes on the Rejection of a Unitary System and the Articles of Confederation

Rejection of Unitary System

  • The founders immediately rejected a unitary system, which is an undivided government with a hierarchical structure.

  • A unitary system resembles a triangle, with one person at the top (like a king, pharaoh, or czar) and others reporting to that person.

  • The founders rejected this system because they had just gotten rid of a king and didn't want another one, especially one nearby who could become a tyrant without having to cross an ocean.

  • Some people may have talked about making George Washington king, but it wasn't realistic, and Washington himself would have refused.

  • The founders knew Washington would say no, which is why they considered him as a candidate for king.

Confederation vs. Federal System

  • The main question became whether to have a confederation or a federal system.

  • Both systems have a central government and states.

  • In a confederation, states take precedence in disputes, while in a federal system, the central government takes precedence.

  • The U.S. has a federal system today.

  • The founders were wary of a strong central government and initially leaned towards a confederation.

  • Analogy: The founders were previously mistreated by government and were very hesitant to create another strong government.

Historical Debate on Colonial Oppression

  • There is a historical debate on how oppressed the colonists truly were.

  • Some historians argue that the oppression was exaggerated.

  • However, the colonists believed they were mistreated, which led to their breaking away from England.

Articles of Confederation

  • The Articles of Confederation were based on a "firm league of friendship".

  • This is problematic because a government cannot be based on friendship.

  • Governments require enforcement mechanisms, such as the IRS demanding taxes with the threat of court and imprisonment.

  • Analogy: Government is like a single parent with 13 unruly children (the states).

  • If the children are allowed to make decisions, it can lead to chaos.

  • Under the Articles of Confederation, state sovereignty was paramount.

  • There was a Confederation Congress but no president or national judiciary.

  • The Congress could direct foreign affairs, but domestic affairs were left to the states.

  • This division was problematic because most political issues are intertwined.

  • Example: The 9/11 terrorist attacks had local, state, national, and international implications.

  • There were no standing armies due to fear of English soldiers.

  • Any country without an army is vulnerable to invasion.

  • The U.S. was lucky during the 1780s because European nations were preoccupied with their own conflicts.

  • Congress did not have exclusive power to print money, leading to states printing their own money.

  • This caused problems as people from one state wouldn't accept money from another state.

  • Today, Congress has the power to print money and delegates authority to the Department of Treasury and the Bureau of Engraving and Minting.

  • Congress had few enforcement powers.

  • A government must have rules and punishments for violating those rules.

  • Nine of the 13 states (75%) had to approve laws, which is a supermajority.

  • Requiring a 75% majority makes it difficult to get anything done.

  • Unanimity was required to amend the Articles.

  • This made it virtually impossible to make any changes.

  • Example: Rhode Island was disruptive and stopped participating in meetings, but their participation was needed to change the articles and force them to participate.

  • Each state was responsible for its Revolutionary War debt.

  • The Confederation Congress lacked the authority to enforce repayment.

  • States like Massachusetts refused to pay, leading to a situation where France wasn't getting repaid for their help during the war.

  • By the mid-1780s, the U.S. was a failed state because it couldn't pay its debts.

  • Many Americans were simply trying to make a living and weren't focused on the government's problems.

Good and Bad Aspects of the Articles of Confederation

  • Good: A weak central government cannot oppress its citizens.

  • Good: States could exercise sovereignty, and leaders gained experience at the local and state level.

  • Good: The dream of a rural, agrarian American township was theoretically possible.

  • Good: It highlighted the need for a strong government.

  • Issue: Representation became a problem.

  • Most people lived in Virginia, Pennsylvania, and New York.

  • If every state had an equal vote, the minority of the population could control the majority.

  • If representation was based on population, those three states could control the other ten.

  • Solution in the Constitution: The House of Representatives is based on population, while the Senate gives every state two senators (equal voice).

  • Compromise involves everyone getting something they want.

  • Thomas Edison story: He sold a patent for $1 million, but the buyer would have paid $2 million, and Edison would have taken half a million.

  • Supermajorities lead to gridlock.

  • Under the Constitution, a simple majority is needed to pass a bill, but supermajorities are needed to amend it.

  • Each state acted like its own little nation.

  • The motto of the U.S. government is "E pluribus unum" (out of many, one).

  • The Articles of Confederation had 13 little nations.

  • There was the problem of economic growth.

  • The U.S. needs enough government regulation to establish the rules of the game while allowing the private economy to grow.

Prelude to the Constitutional Convention

  • Many people agreed there was a problem with the Articles of Confederation but didn't know what to do.

  • The "tipping point" is when something happens that forces change.

Prelude One: James Madison and Alexander Hamilton

  • James Madison was a young, wealthy Virginian and a smart individual.

  • He was elected to the Confederation Congress and recognized the problems with the Articles.

  • Alexander Hamilton came from humble beginnings in the West Indies.

  • He was brilliant and worked in a country store as a child.

  • Hamilton had an amazing ability to calculate and add cost immediately.

  • People said he was like a little adult. He was extremely intelligent.

  • He volunteered during the American Revolution and became George Washington's assistant.

  • In 1786, Hamilton and Madison pushed for a convention in Annapolis, Maryland, to discuss trade problems.

  • They wanted to fix the Articles of Confederation and establish a stable economy and currency.

  • Only five of the 13 states sent representatives to the Annapolis Convention.

  • The convention was largely a disaster,

  • Hamilton and Madison got to know each other and realized they needed another meeting.

  • They agreed to meet the following summer in Philadelphia for what became the Constitutional Convention.

  • Idealized painting of George Washington crossing the Delaware.

  • Washington, Hamilton, and Madison realized Washington was indispensable.

  • Hamilton and Madison convinced Washington to come out of retirement and attend the convention.

Prelude Two: Shays' Rebellion

  • Daniel Shays was a farmer in Western Massachusetts and a captain in the Continental Army.

  • He was wounded during the Revolutionary War and didn't get paid for the last two years of service.

  • Shays and other farmers were losing their farms due to hyperinflation and high taxes.

  • Shays led a rebellion to seize weapons from the armory in Springfield and burn mortgages at the county courthouses.

  • He gathered about 1,500 people.

  • The governor called out the state militia, but many members were sympathetic to the rebels.

  • The governor appealed to the Confederation Congress for help, but there was no standing army.

  • There was no money to raise one as well.

  • Shays' Rebellion scared people in Massachusetts and made headlines throughout the 13 states.

  • The government cannot keep its citizens safe.

  • The average person wanted a change.

  • The governor got rich people to hire mercenaries to defend the armory.

  • Shays' men were outnumbered and dispersed.

  • By the fall of 1786, business and political leaders wanted to fix the Articles of Confederation.

  • The average person wanted a change.

  • The result was the Constitutional Convention in Philadelphia in the summer of 1787.

  • The delegates decided to start from scratch and created the Constitution of the United States.