Posted on 02/26/2023 5:53:34 AM PST by Jacquerie
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. It just isn't so. 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 this sense the Virginia plan did not amend the AC but was instead a bold departure from it.
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. The defining feature of confederation, equality of suffrage among the states, was gone, because representation in both houses was to be proportional, proportioned on either the basis of population or wealth. Through Resolution No. 6, congress could repeal state laws, and “call forth the force of the Union against any member of the Union failing to fulfill its duty under the articles thereof.” Since the states were viewed as largely responsible for the turbulence of the times, heavy encroachment on state authority was a logical reaction, which made the thirteenth resolution even more remarkable:
Resolved that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto. Resolution thirteen evolved and emerged as Article V which retained the right power of the sovereign people, via their states, to amend the Constitution. In Resolution thirteen, a scrap of federalism lived on in a plan largely designed to exterminate it.
At this early stage in the convention we must understand that the states were held in such low regard the governor of Virginia submitted a plan that stomped on states’ legislative powers and established the national government’s authority to coerce obedience of the states.1 Over the course of summer-long debate the nationalist and unbalanced Virginia Plan, which hindsight tells us didn’t stand a chance at ratification, would take on additional federal characteristics that not only enhanced its ratification prospects, but created a new and balanced republican form that rested on a foundation of equal representation of both the people and the states. Since government would act on the people, the people deserved their own institution in congress. Per the 15th Resolution, special conventions of the people's delegates should ratify the Constitution.2
Small-state delegates from Connecticut, New York, New Jersey, Delaware, and Maryland led the fight to keep the AC, to preserve a union of states possessed of equal political rights. These men, spooked by the Virginia Plan, were willing to grant coercive authority to the AC, which would have been unthinkable just a year before. And not far from their consciousness was the old-time fear that the larger states would end up devouring the small.3 They weren’t against national features in an improved government but were determined not to surrender significant power to the large states in proportion to population or wealth.
Equality of state suffrage in the senate was a battle the small states could not afford to lose. Delaware’s commissions to her delegates read in part, “In determining Questions in the United States in Congress Assembled each State shall have one Vote.” On June 9th, New Jersey delegate William Patterson reminded the convention that the small states could not be forced to accept disagreeable terms and would never join the plan as constituted. In a game of political chicken, he said he’d rather submit to a monarch or a despot than give up equal representation in the second branch.4 As of June 11, by a 6-5 vote, seats in the senate were still proportionally allocated. On this matter, the convention was at an impasse as each side waited for the other to blink.
On June 13th when practically the whole of the nationalist Virginia Plan had been adopted, Patterson asked for further time to present an alternative, which he did, on June 15th. The New Jersey Plan retained the confederation congress. Congress was to appoint one or multiple chief executives, who in turn were responsible for appointing judges to a judicial branch. Acts of Congress and Treaties were superior to state laws in The New Jersey Plan of government. If the governing structure of the two plans were diagrammed and held up side-by-side, the only significant difference was the lack of a House of Representatives in the New Jersey Plan.
The New Jersey Plan granted two powers the states defeated only a few years’ before, a limited right of congress to regulate trade, and an impost. Just as important, the New Jersey Plan elevated congressional resolutions of the AC to that of law and since laws aren’t laws without means of enforcement, the New Jersey Plan also authorized use of force to collect taxes and enforce congressional law.5
What the two plans shared were three branches; both were the supreme law of the land, and both (for the time being) relied on military enforcement. Yet, the use of military force as a first resort would never do. It would so much as ensconce a guarantee of civil war in the frame of government! Recall the original AC reliance on voluntary compliance with congressional resolutions had proved to be impractical. On this point, the new and improved AC of the New Jersey Plan still acted only on the states. Try to imagine as our Framers did, of invading federal armies to collect taxes!
This feature of the New Jersey Plan, military enforcement of the law, made the confederated form unsuited and impossible for the United States.
To avoid this the supreme law must be ratified by and act on the people. Therefore, the people required an institution of their own. Add a House of Representatives to the New Jersey Plan and the convention would have likely reasoned itself to the same conclusion, our Constitution of government.
Whereas the objectionable features of the Virginia Plan were eventually removed there was no way around military coercion under the New Jersey Plan. Yes, the Constitution provides for military force in the ultimate necessity, but it is not the first resort.
The second para of Article VI to the Constitution may be called the central clause of our governing system.6
Article VI enshrined the rule of law, not of men. Pull it from the Constitution and the whole thing falls apart. For the first time in history government itself was dependent on fundamental law.7 Unlike the AC, the Constitution isn’t dependent on the passing will of occasional legislators; it is law enforceable like any other law in courts. Rather than send armies to impose laws or order the states to erase acts from their statute-books, state judges themselves were called upon to disregard all state acts contrary to the law of the land. Likewise, the new government was bound to the supreme law that created it.8
Conclusion. Debate surrounding the amended version of the AC, the New Jersey Plan, showed why continuing with a confederation of states would ultimately destroy the Union. Whereas the Virginia and New Jersey Plans as submitted were hostile to the people and states, our Framers used Natural Law, the law of reason to arrive at the best and most solicitous governing form ever devised. Today we need not, as Governor Randolph lamented, “yield to despair.”9 It is our duty to restore their vision of free government.
Article V ping!
Bkmk
At least ten years ago Soros figured out the way to drive a dagger into the heart of America and that was to control the secretaries of state. After flooding the states with his corrupt election money and getting his chosen state secretaries in place, he did the same with the local district attorneys. Now, the question is whether we still have enough states that are free from Soros’ influence to provide the number to force a Convention and, if so, enough states to approve any changes. Arizona and Georgia were major wake-up calls to the extent of Soros’s corrupting influence. If American citizens have become so corrupt that they will sell out their country for money and influence in the election process, then Soros wins and the Country is lost. Is anything meaningful being done to address the fraud in the next general election, I sure have not heard of anything.
“to force a Convention”
This is a bad time for such a convention, which might make constitutional personal expense entitlements.
Some years ago I was reading the Articles of Confederation and read this clause:
“No State shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being delegate for more than three years, in any term of six years; . . .”
That sounds like term limits to me.
Article IV, Section 3 provides that:
“....The Congress shall have the power to dispose of...the territory or other property belonging to the United States...”
Federal welfare entitlements make provision to dispose of future tax money (and potential borrowings) not yet received by the United States and not yet the property of the United States.
“In this post we’ll see why continuance under the Articles of Confederation (AC) was certain to destroy the Union.”
I remain unconvinced.
I suspect the Constitutional Rights Foundation is leftist, but it has a very long list of links teachers, students and people here might find useful:
https://www.crf-usa.org/research-links/links.html
<>I remain unconvinced.<>
I believe you.
I have enjoyed reading my copy of James Madison’s notes of the Constitutional Convention. It is as if you joined him at a tavern in the evening and had him expound to you the events of the day. I have to be patient though, because this is 18th century writing. I often have read a passage more than once.
. It is as if you joined him at a tavern in the evening and had him expound to you the events of the day.
The point is get together with other thinkers. Whether the bar, coffee, a grill, etc.
Don’t let them isolate you.
“A well regulated militia being essential for.............”
Agree. I’ve used his notes to document the progress of the Senate and Electoral College.
It is a crying shame that Americans of the early 20th century didn’t substantively consider WHY the Framers had the states rather than the people appoint/elect senators.
Likewise, National Popular Vote supporters don’t know/don’t care why the Framers’ constitution doesn’t provide for direct election of Presidents.
If you have 2 hours to spare, you might enjoy this movie. https://www.youtube.com/watch?v=4Vs5anM_LVU
Just keep believing the voting con. Pretend it matters. Do the same thing over and over and expect different results.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.