Sunday, February 5, 2012

Federalist #15

The Insufficiency of the Present Confederation to Preserve the Union  (Hamilton)

Hamilton begins by reiterating his aim in the previous papers. He  seeks to explain the importance of the union for the political safety and happiness of citizens of the United States. He explains the dangers to which American citizens would be exposed if the union were to collapse. In Federalist 15, Hamilton plans to examine the insufficiency of the present Confederation to the preservation of the union. He says that there are material imperfections in the system and that something needs to be done to rescue the country from impending anarchy. He is confident that the facts supporting this opinion are no longer objects of speculation. The facts are in the public consciousness, and even the anti-Federalist are able to pinpoint the defects of the articles of Confederation. Hamilton believes that the country has almost reached the last stage of national humiliation. He says that there is scarcely anything that can wound the pride or degrade the character of an independent nation that the country is not currently experiencing, at the time he is writing. He goes on to explain exactly the conditions that the country is experiencing. He says  the country owes debt to foreign countries for the revolution. According to Hamilton, the debts remain without any proper or satisfactory provision to repay them. In addition, Hamilton says the country has  valuable territories in the possession of foreign powers, but no way to get them back. He says that, as a nation, we are not in the condition to take them back because we have neither troops, nor treasury, nor government.

Hamilton believes public credit is an indispensable resource in times of public danger. Commerce is important in terms of national wealth. He says United States commerce is at the lowest point possible. Hamilton asserts that countries will not make treaties with the United States and our ambassadors overseas have no authority because our government lacks sovereignty. The price of land low is because there is little private and public confidence. Hamilton believes that for our safety, our tranquility, our dignity, and our reputation we must adopt the Constitution to help us overcome, the problems he has explained, and the material defects in the system. He says that the anti-Federalist admit that the government of the United States is destitute of energy, but they contend against conferring upon it those powers which are required to supply that energy.

Hamilton believes the anti-federalists wish for an augmentation of federal authority without diminishing the authority of the state. He says that these two aims are irreconcilable. The anti-Federalists, according to Hamilton, believe in imperium in imperio, which roughly translated means sovereignty within sovereignty. Hamilton says that this belief showcases fundamental errors in the articles of Confederation that cannot be fixed without alteration to the first principle and main pillars of the Confederation. The biggest problem in the construction of the existing Confederation is legislation of the states in a collective manner. According to Hamilton, states can choose whether or not to follow the direction given to them by the federal government. He believes that such arrangements are fine, but do not work for any extended period of time.
           
Hamilton believes if the states in our country were to proceed in the similar fashion the union would be precarious, but consistent and predictable. He says if we are still willing to adhere to the design of a national government, we must extend be authority of the union to the people---the only proper objects of government.

Government implies the power to make laws. Hamilton says the idea of law must come with the penalty for disobedience. Without such penalty, laws become nothing more than recommendations. The penalty must only be given in two ways: by the courts and military force. Hamilton says the first way only applies to men. The second must apply to political bodies, communities, and states. For Hamilton, no system exists to carry out the laws under the articles of Confederation. Therefore, such a state of things does certainly not deserve the name of government, nor would it be prudent of any man to choose to commit his happiness to it.

Hamilton contends  there was a time when the American people were told that the states usurping federal authority was not to be expected under the Articles of Confederation. He says that such an expectation is wild because men will not conform to the dictates of reason and justice without constraint. In addition, by nature sovereign powers are impatient and do not like external attempts to restrain or direct its operations. In every political association formed on the principle of uniting in a common interests there are those who go astray from the common interest. The reason for going astray from political associations is a love of power. Those who control power are almost always the rival and enemy of those who are being controlled. Under these circumstances, there is no reason to expect that the members of the Confederacy will always be willing to execute the degrees of general authority.

If the measures of the Confederacy cannot be executed without the intervention of particular administrations, there is little hope of them being executed at all. Hamilton believes that those who govern each state will decide whether each measure of the Confederation is proper, or not, even if they do not have the authority to do so. The same process will be repeated for every directive of the Confederacy by people who are ill-informed of national circumstances. Hamilton says it is very difficult for there to be agreement on issues when deliberating at a distance from each other, at different times, and under different impressions.

All of the 13 states in the Confederacy must agree to execute each measure that comes from the government. Hamilton says the measures of the union have not been executed; and the states through their unwillingness to execute the measures have brought the federal government to a standstill. Congress scarcely possesses the means to keep the federal government running until the states can agree on a substitute to the articles of Confederation. Hamilton explains that circumstances did not become desperate all at once. The causes at first produced only an unequal and disproportionate degree the compliance within the states. However, with each state yielding to the persuasive voice of immediate interest or convenience, all states have successfully withdrawn support for the articles.  Due to lack of support for the Articles of Confederation, the union seems ready to collapse and crush all citizens beneath its ruins.

No comments:

Post a Comment