A recent video by the Tenth Amendment Center, featuring Michael Boldin, revisits the pivotal transition in American governance from the Articles of Confederation to the U.S. Constitution. The discussion centers on the fundamental change from a system where power resided primarily with "We the States" to one vested in "We the People." Boldin highlights the significant flaws of the Articles of Confederation, quoting James Wilson, an early Associate Justice of the Supreme Court, who stated that the Articles "did not operate upon individual citizens; but operated only upon states." This structural weakness, according to historical figures like James Madison, led to a "failure of the States to comply with the Constitutional requisitions," describing it as "evil" and "fatal to the object of the present System." The video details how early attempts to grant the federal government more power, such as collecting taxes or regulating commerce, failed due to the requirement for unanimous state approval. Alexander Hamilton, a staunch proponent of a stronger central government, viewed the requisition system as "defective and rotten," advocating for federal tax collectors to "introduce the influence of officers deriving their emoluments from & consequently interested in supporting the power of Congress." Conversely, anti-federalists like Patrick Henry argued that a powerful national government would lead to a "great, consolidated, national government, of the people of all the states," potentially at the expense of individual liberties. However, the Federalists ultimately prevailed, designing a Constitution that granted the federal government direct authority over individuals, thereby bypassing the states and ensuring the enforcement of federal law. This shift, as Oliver Ellsworth noted, meant "coercion by law that coercion which acts only upon delinquent individuals," rather than relying on military force against states. This historical re-examination provides critical insights into the philosophical underpinnings of the U.S. Constitution.
Constitution vs Articles of Confederation? Instead of a government that acted through the states, the constitution created something radically differ…
