Rope of Sand

The creed of States’ Rights is a myth, one that only exists in the selfish vacuum of political rhetoric. If exploited as the only answer to the country’s problems, remember States’ Rights never solved a thing. Not in America.

Ours is a federal system of concurrent powers, where centralized authority layers with state and local governments simultaneously. This system has been functioning for over two hundred years.

The most lethal challenge to centralized authority erupted in the Civil War. But that bloody conflict was certainly not the first confrontation.

Years earlier, American representatives, in an attempt to unify the fledgling states, drafted a national blueprint called the Articles of Confederation.

Much like assembling a car while driving down the road, political leaders in 1777 tried to forge a national government to function through the uncertain, and perilous era of the Revolution. But this initial model to link the original 13 States proved rather feeble in practice.

The fatal flaw woven into the Articles was leaving too much power in the hands of the states. Each delegation mistrusted any form of centralized power that could coerce deference, even in the face of British invasion. In fact, the Confederation Congress could not even gather enough votes to ratify the document until the end of the Revolution.

The sticking point holding up cooperation concerned vast western land claims. For example, states like Virginia and New York, refused to give up one acre for the war effort. Potential profits from the sale of these lands would have helped offset mounting expenditures. And Congress, nearly bankrupt, with no real clout, could do little beyond promise to help Washington’s Army.

Poorly clad, poorly armed, suffering from desperate scarcity, the General admitted privately he believed “the game was nearly up.”

Drifting, rudderless, Congress fretted, begging for loans from abroad, and printing worthless paper money.

Worse, states such as New Jersey, and Pennsylvania, preferred transactions with the coin-rich Brits, filling their personal coffers in pounds and shillings. As prospects for America’s victory looked grim, each state dug in, defending their own interests first.

Historians often use the term “rope of sand,” to describe the deficiencies and impotence of this early attempt at self governance. Lacking any real prestige, inevitable bloodshed quickly ensued among the thirteen quarreling fiefdoms. Navigation rights, interstate trade, and clashes over currency exchange, nearly dissolved the fragile union.

In that critical moment Alexander Hamilton and James Madison jointly called for a new convention to “revise” the Articles. In reality, both men intended to completely dump them for a new, stronger plan.

A recently retired George Washington chaired a new convention assembled in Philadelphia the summer of 1787. This Constitutional Convention remedied many of the ills of the struggling nation.

This lesson from the past remains relevant. We are better together than alone. My state, for example could never bear the seasonal cost of road construction, nor of fire fighting. Recent Covid-19 policies have proven the futility, and folly of every state grasping for themselves.

The events of January 6, 2021 raises a similar question. Do we come out of this unrest a weakened and vulnerable rope of sand? Or does this Constitution sustain itself in this moment?

E Pluribus Unum

Gail Chumbley is the author of the two-part memoir, “River of January,” and “River of January: Figure Eight.” Both titles available on Kindle or at http://www.river-of-january.com.

gailchumbley@gmail.com

Endurance

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Three early American documents are often lumped together in our collective memory, though each is quite different from the others; The Declaration of IndependenceThe Articles of Confederation, and the enduring US Constitution. Citizens generally know something of the Declaration due to a certain celebration we observe each summer. The Articles of Confederation are a bit more elusive, and not nearly as recognized. The third, the US Constitution is revered, but its beginnings, and purpose is also shrouded in time. 

Here is a quick explanation of each missive, particularly the sequence, and the significance of each.

The Declaration of Independence: July 4, 1776. A product of the Second Continental Congress, this revolutionary document was ratified as an instrument of rebellion, after all other measures to avoid war with England had failed. In reality, the shooting had begun a year earlier in Lexington, Massachusetts, but the Declaration formalized hostilities. Debated and delayed, this document was finally adopted in July of that year. Congress made crystal clear their reasons and resolve to free themselves from King George’s arbitrary rule. Penned by Thomas Jefferson, the Declaration began with a guiding statement about “Natural Right’s” shared by all humanity, and that people had the obligation to free themselves from unjust tyranny. The rest of the epistle read as a legal document condemning the King and his despotism. This document is the first of the three in forging the United States of America. 

The Articles of Confederation: September, 1777. The Articles provided America’s first national charter of government. Approved by the same Second Continental Congress in 1777, the Articles attempted to unify the original states under one government. Through this document, Congress sent diplomats abroad, including Benjamin Franklin and John Adams, to (beg) obtain financial support from European powers. However, at home, this framework failed miserably. More a Confederation of independent principalities, Congress had to plead for money and men from each state, who often said no. There was no power to tax, no centralized currency, and the Articles weren’t even ratified by all 13 states until a month before the war ended at Yorktown. Each state jealously guarded its own interests over any unified cooperation. Congress could do next to nothing to aid General Washington and his army. Chaos ensued after the war ended, as well. Trade wars flared, disagreements among the states spilled over into violence, and rebellions within states promised more turbulence. The ability of America to govern itself appeared doomed. The English were sure America’s failure was imminent, and they could, once again, swoop in.

The United States Constitution: May to September, 1787. Born from an earlier 1786 meeting between Alexander Hamilton and James Madison in Annapolis, MD, the Constitutional Convention was organized and slated for Philadelphia in May. Both founders understood that without persuading Washington to attend this new Convention, any success was remote. Washington, tending his home at Mount Vernon, was hesitant, and tired. However, when news reached the General of an uprising in Western Massachusetts, (Shays Rebellion), Washington agreed to attend. Fifty-five delegates from all the states except Rhode Island, reported to the Pennsylvania Statehouse in Philadelphia. Most were lawyers, sprinkled with many Southern slave holders. Virginian, James Madison came prepared with a plan to replace the feeble Articles of Confederation. Much of Madison’s Virginia Plan became the basis of the Constitution. Designed for endurance, this new charter vested authority in the Central government, and the states. Termed Federalism, powers under this frame of government are shared between both authorities simultaneously. The tooling of the document, employing separation of powers, and checks and balances is brilliant, and worked well until 2016.

Gail Chumbley is the author of the two-part memoir, “River of January,” and “River of January: Figure Eight,” both on Kindle.

gailchumbley@gmail.com