The Federalist Papers (1787-1789): Federalist Essays No.18 - No.22

Previous Next

The system of raising armies used during the American Revolution and codified by the Articles results in what is basically a bidding war for men between the states. Those states close to war sought desperately to recruit enough soldiers, and were willing to bid high salaries to get them.

The equal suffrage of each state in congress is unfair to the people of the most populous states, and violates the concept of representative government. This, like the taxation system, could also have forced the larger states to revolt from the union on the grounds that their smaller neighbors governed them. There are 9 states that could be added together and still be less in population than the remaining 4. This means that this system allows the minority to dictate to the majority.

The means by which the government can act under the Articles of Confederation is inefficient, as states need to wait around while other states agree unanimously on the need to act. Months could be wasted in persuading a state that might still not concede to the policy or law.

The Articles provide for no unified judicial power to rule on laws. If each state has final jurisdiction on a law, then there are as many final jurisdictions as there are states and no ultimate ruling. A unified ruling is especially important in matters relating to foreign treaties. Foreign nations will not respect a nation that needs the agreement of 13 different judges to pass a treaty.

The Articles of Confederation, was subject to ratification by the 13 state legislatures and not by conventions elected by the people. There is a question to the validity of this representative document that does not even rest on the consent of the people. As the power of the people is the legitimate authority in establishing a national government, the confederacy established by the Articles may not even be a legitimate form of government.

Commentary

There are a number of theoretical grounds upon which the authors of The Federalist criticize the Articles of Confederation as being not true to the principles of representative government.