Mark Small

1787 convention that produced the Constitution acted to curtail the divisive nature of State control. “By late 1785, [James] Madison realized that individual states would never regulate commerce fairly.” Stewart, The Summer of 1787, 2007, p. 8. 4/16

States taxed goods as the goods passed into their ports (for a lucky State with a port) and as the goods passed out of the State to other States. States refused to contribute their share to the national operating expenses. 5/16

Resolution that authorized the convention, 2/21/1787: Resolved that in opinion of Congress it is expedient that on 2nd Monday in May next a Convention of delegates who shall have been appointed by the several states be held at Philadelphia ... 6/16

for sole & express purpose of revising Articles of Confederation & reporting to Congress & the several legislatures alterations & provisions agreed to in Congress & confirmed by the states to render federal const’n adequate 2 exigencies of Govt & preservation of Union.7/16

Seventy-four (74) delegates were selected by twelve (12) States - Rhode Island “refused to participate” - and only fifty-five (55) attended over the summer. Patrick Henry was absent, saying he “smelt a rat.” 8/16

To the extent the convention re-wrote the government, it acted outside its charter “of revising the Articles of Confederation.” Concessions were made to mollify those who wanted to preserve more power for the individual States. 9/16

States do not have “rights.” The Declaration of Independence makes clear: “WE hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, ... 10/16

that among these are Life, Liberty, and the Pursuit of Happiness—That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the consent of the Governed...” 11/16

Gov’ts powers are derived from consent of people. To say any government has “rights” is to put that, or any, government on a level equal to human beings. And the People, in many cases, have had to fight for their rights against States. 12/16

States have such sway that the notion of one person/one vote is sacrificed to the degree that the power of an individual voter from Wyoming to affect the “electoral college” is several times greater than that of a voter in California. 13/16

Strong Fed gov’t established by Civil War amendments advanced civil rights (Reconstruction, the later civil rights movement of the late 20th Century), limits on corporations (1890s-1900s), and protection of our environment (1970s). 14/16

We are now witness to ways in which forces of repression would retard our rights as people. Our response to COVID-19 has led to tens of thousands of avoidable deaths. Had our response in 1941 been similar, today we would speak Japanese and German. 15/16