The law before the U.S. Constitution
Before the Constitution
The law of the land in the American colonies and states was mainly based on English common law and the laws and customs of the individual colonies.
But leading up to the war of independence with Britain, it became clear that a unified national government would be needed.
The Continental Congress
It fell upon the Continental Congress, composed of representatives from each of the 13 colonies, to create the documents that laid the foundation of the soon-to-be-established Democratic Republic of the United States.
Their primary function was coordinating the colonies' efforts to resist British rule. And It was under the authority of the Continental Congress that the Declaration of Independence was drafted and ratified in 1776, along with the Articles of Confederation in 1777.
The Articles of Confederation
The Articles of Confederation, or Alliance, of States, had a weak federal government. They had limited powers, which included the ability to conduct foreign affairs, make treaties, and declare war, but they did not have the power to tax or regulate commerce.
The main goal of the Articles was to preserve the sovereignty of the individual states while creating a federal government that could act on behalf of the states in matters of national concern. However, this balance between state and federal power proved difficult to maintain, and the weaknesses of the Articles became increasingly apparent as the new nation struggled to govern itself.
Why The Articles of Confederation were ineffective
A weak federal government: The Articles established a weak central government with limited powers, and most of the power was left in the hands of the individual states. This made it difficult for the central government to enforce laws, regulate commerce, or raise funds for public projects.
Inability to tax: The Articles did not provide for a national taxation system, and the central government had to rely on state donations. This made it difficult for the government to raise the funds necessary to finance the war effort and pay off the country's debts.
Lack of a national currency: The Articles did not provide a national currency, and each state was allowed to issue its currency. This created confusion and instability in the country's financial system, making it difficult to conduct commerce and trade.
Inability to regulate commerce: The Articles did not give the central government the power to regulate commerce between the states or other countries. This made it difficult for the government to establish a consistent system of trade and tariffs and which led to economic disputes between the states.
Inefficiency and inflexibility: The Articles required the unanimous consent of all 13 states to make any changes or amendments, making it difficult for the government to respond quickly to changing circumstances. This led to delays and inefficiencies in the government's ability to govern effectively.
The Birth of the Constitution
This weakness of the Articles of Confederation ultimately led to the drafting and ratification of the United States Constitution, which created a strong Federal government with the power to levy taxes and regulate commerce.
This gave the federal government the resources it needed to fund public projects and defend the country and help ensure the stability which has led to the success of the United States government over the past two centuries.
My Two Cent
I do think our federal government is overblown. But dammit, if you left it up to the states, they would ruin the country. As a matter of fact, we would still have slavery.
Did you know the states of Georgia, North, and South Carolinas refused to sign the Constitution if it ended slavery? And every time the Supreme Court overturns a law giving more power to the states, those states eagerly take away citizen rights by passing laws that infringe upon their civil liberties.
Stay vigilant, America; it’s getting crazy out here!
Always,
