Rope of Sand

The creed of States’ Rights is all smoke and mirrors; a cover for the selfish interests of local napoleons, and the politicians they bankroll. When claimed as the only answer to the country’s problems, beware, States’ Rights never solved a thing.

Not in America.

Ours is a one of a kind, federal system of concurrent powers. Centralized authority layers and folds, meshing with state and local governments.This dynamic has functioned for over two hundred years and the bonds are subtle and sometimes conflicting. The most lethal confrontation between state and federal powers clashed in the Civil War, 1861-65. But that particular catastrophe was certainly not the first.

During the Revolution, state delegations, in an attempt to unify the embattled nation, drafted a national blueprint called the Articles of Confederation. Attending representatives squabbled endlessly to defend their own local interests, rejecting any language that bound state autonomy. So jealous were the original Thirteen of one another, political leaders dragged ratification out, while barely a step ahead of pursuing Redcoats. The Continental Congress dashed across Pennsylvania, into Maryland, and back, still resistant to real, national authority.

John Dickinson of Delaware, drafted some elements into this fledgling plan, but his model wasn’t helpful. General Washington still had to beg Congress for recruits and soldier pay, and Congress, in turn, had to beg States to fill those needs. One bright note is Congress did agree to dispatch diplomats, like Franklin and Adams, who continued the begging game across the Atlantic.

Meanwhile States such as New Jersey, and Pennsylvania, happily traded with coin-rich Brits, filling their personal coffers, while ignoring the needs of the war effort. The prospects of an American victory grew grim, as each state dug in, defending their own turf. In fact, the Confederation Congress was so toothless, the document itself failed ratification until a month before Yorktown.

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 these thirteen quarreling kingdoms. Navigation rights, interstate trade, and clashes over currency, nearly ended the budding union. At that critical moment Alexander Hamilton and James Madison jointly called for a new convention to “revise” the Articles. Both men, in reality, intended to dump them for a different, stronger plan. Recently retired George Washington agreed with both men, and chaired this new convention, assembling in Philadelphia the summer of 1787, and a determined Constitutional Convention worked hard to remedy many of the new nation’s ills.

This lesson from the past remains relevant. My state, for example could never bear the seasonal costs of road construction, nor of fire fighting. The former administration’s Covid-19 policies have proven, again the futility, and folly of every state scrambling for themselves.

The events of January 6, 2021, and now with the Texas legislature attacking both voting rights, and a woman’s right to choose, similar concerns arise. Is American law no more than a vulnerable rope of sand in the hands of the states?

Fellow Americans, do not buy into the so called advantages of States’ Rights. Hidden interests cloaked in virtuous words distract us from national needs, while the favored few push their political agendas. It’s not an overstatement to say States’ Rights again threatens the good order the Framers labored to establish.

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

14e7ea2b2fd17c16e45990ee1dd21a8edb4ddd40.jpeg

 

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