Mark Small

If another nation attacked the U.S., not many would argue the 50 States confer & perhaps join in regional efforts against a foreign military. But here is the thing: States always have been a problem. 3/16

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