Posted on 01/23/2017 1:53:31 AM PST by Jacquerie
Subtitle: The New Jersey Plan.
In this post, we’ll see why continuance under the Articles of Confederation (AC) was certain to destroy the Union.
The commissions for delegates to the convention were, at most, slight variations of the wording of the report from the 1786 Annapolis convention, “to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union.” It is on this clause that Article V opponents hang their collective hats. To them, entire state delegations intentionally disregarded their instructions to strictly stand by improvements to the AC. In a speech on May 29th, Virginia Governor Randolph spoke of the defects of the AC, the prospect of anarchy, and remedy in the establishment of an effective republican government which could defend itself against encroachment and be superior to the state constitutions. The Virginia Plan served as the starting point for debate, and would, in highly-modified form, emerge in September as our beloved Constitution.
Its first resolution called for correction and enlargement of the AC to accomplish its purposes, namely, "common defense, security of liberty and general welfare" of the United States. To achieve these goals, the Virginia Plan would establish legislative, executive, and judicial branches that replaced the confederation congress with a republican form.
In the sixth resolution, the new national legislature was to have all the powers vested in congress by the AC. In this sense, the Virginia Plan was simply an improvement of the AC.
But, by any measure, and on closer inspection, the Virginia Plan was hostile to the states. State representation in a new bicameral congress (Resolution No. 5) was but a faint echo of the tight leash states had on their delegates to the AC congress.
(Excerpt) Read more at articlevblog.com ...
Article V ping!
bkmk
There were many flaws in the AOC, but the AOC Congress passed the two most important land/citizenship acts in human history, the Land Ordinance of 1785 and the Northwest Ordinance.
See our “Patriot’s History of the United States.”
The States seceded from it.
From the first legal treatise written after Constitutional Ratification -
But the seceding states were certainly justified upon that principle; and from the duty which every state is acknowledged to owe to itself, and its own citizens by doing whatsoever may best contribute to advance its own happiness and prosperity; and much more, what may be necessary to the preservation of its existence as a state.30 Nor must we forget that solemn declaration to which every one of the confederate states assented . … that whenever any form of government is destructive of the ends of its institution, it is the right of the people to alter or abolish it, and to institute new government.
Consequently whenever the people of any state, or number of states, discovered the inadequacy of the first form of federal government to promote or preserve their independence, happiness, and union, they only exerted that natural right in rejecting it, and adopting another, which all had unanimously assented to, and of which no force or compact can deprive the people of any state, whenever they see the necessity, and possess the power to do it. And since the seceding states, by establishing a new constitution and form of federal government among themselves, without the consent of the rest, have shown that they consider the right to do so whenever the occasion may, in their opinion require it, as unquestionable, we may infer that that right has not been diminished by any new compact which they may since have entered into, since none could be more solemn or explicit than the first, nor more binding upon the contracting parties. Their obligation, therefore, to preserve the present constitution, is not greater than their former obligations were, to adhere to the articles of confederation; each state possessing the same right of withdrawing itself from the confederacy without the consent of the rest, as any number of them do, or ever did, possess.
Of the Several Forms of Government, St. George Tucker, View of the Constitution of the United States, Section XIII
I have a copy of the Northwest Ordinance so I know its provisions, but what was the Land Ordinance of 1785?
Sections and townships, set up survey system for orderly land distribution and settlement. No other nation ever had anything like this.
I have to get caught up. I seem to have missed part of this series. Back later after reading all.
I look forward to your observations.
One thing I’ve been thinking is that Justice John Marshall pointed out the Commerce Clause could be abused — regulating interstate commerce. And he warned that it should be treated with great care to prevent wholesale tyranny.
That is precisely why the Progressives broadened commerce clause interpretation.
We need to rewrite the Commerce Clause to emphasize the power to DE-regulate in matters not involved with engineering infrastructure or something along those lines.
The only problem is that many people expect the FDA and other agencies to protect public safety, etc. Federal power is fused into our culture.
I’ve covered all the “Whatever Happened to the Articles of Confederation?” posts on your blog. I think the question of “Whatever Happened to the Articles of Confederation?” can partly be addressed by my own experience in updating myself on the topic at hand. It takes time and study to form an opinion and reach a conclusion.
In Part I of this topic you wrote,
” “In twenty-four short years, republican free government replaced a top-down monarchal system of influence and patronage. As John Jay wrote, “It takes time to make sovereigns of subjects,” it also took time to establish political institutions for the purpose of expressing the sovereign will.”
If we are to address the issue of evolving from the Articles of Confederation to the Constitution it is necessary, as you have done, to take time and STUDY.
Our current society does not study. We have children educated in public schools; babysat by TV, video games and computers and lives absorbed by what entertainment we can get in our off-work hours. Far too few people, I will exclude many Freepers but not all, never take the time to personally learn and evaluate. Unfortunately this leads to a populace who will not learn for themselves what must be done to protect the very society they enjoy. Ok, that soapbox is pointless to the AC but not to an Article V Convention.
I see many comments on Article V posts by people who fear a convention controlled by the oligarchy. Yet, we have an opportunity to refine our current government here. All one need do is take time to study, become involved and take action to be a part of that convention. If you don’t participate, you have no room to complain about the outcome. Just as in the 1780’s we have problems with our freedoms that need to be addressed in government. Yeah, we vote but more action is needed. We only have a 4 year window for Trump. 8 years to hope for but only 4 is for sure. In that interim, let’s be proactive, don’t let the stinkin’ liberals be the only ones involved in activism. Be an activist for restored liberty. Article V is our window. Congress won’t ever pass anything to limit it’s power. WE THE PEOPLE have to do it!
Excellent summation. And great resource.
‘Nuff said. Eight years at most. I have nothing to add.
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