"This Constitution does not attempt to coerce sovereign bodies, states, in their political capacity."
With that one sentence, future Chief Justice Oliver Ellsworth revealed the single most radical change from the system under the Articles of Confederation - and what’s possibly the least understood feature of it today.
Here's what they don't teach in the government-run “education” system: The Constitution wasn't merely a stronger version of the Articles. It was a completely different system.
This was a fundamental re-engineering of power - not just in the new powers delegated, but in whom those powers acted upon. The framers replaced a government that legislated for states with one that legislated for individuals.
It was intentionally designed, from its core, to bypass the states almost completely.
The shift was right there in the opening words. "We the People" rather than "We the States." And that was no accident - it was the whole point.
REQUISITIONS
This shift was a direct answer to what leading federalists like James Madison, Alexander Hamilton, Charles Pinckney, Rufus King, William Davie all considered the "great and radical vice" of the Articles of Confederation: the principle of making laws for states in their collective capacities.
Under that "requisition" system, Congress could only request compliance from the states; it could not compel it. This fatal flaw resulted in a government that was, as James Madison argued, no government at all. Instead, it was a "mere nullity in practice."
But not everyone agreed. Leading the Anti-Federalists, Patrick Henry saw the requisition system as a feature, not a flaw. A critical safeguard against centralized power.
He argued that on this very system "depends our political prosperity," because it kept for the states the power to keep Congress in check if it asked for too much money.
The debate raged on, not just about money, but about the fundamental nature of government power.
The Federalists framed the choice in the starkest possible terms: Change the system or it will eventually devolve into a total tyranny.
Alexander Hamilton, writing in Federalist 16, argued that any system relying on states would require "a large army continually on foot to execute the ordinary requisitions or decrees of the government."
Was this a prediction or a thinly veiled threat?
For Hamilton, there was no middle ground. He called it the "plain alternative."
Denying government the power to act on individuals - by keeping the system under the Articles - was a "scheme," he claimed, that "if practicable at all, would instantly degenerate into a military despotism."
To the Federalists, the choice was clear: a government of laws acting on people, or a government of force acting on states.
Patrick Henry smelled a rat. To him, the very first three words proved the whole point was to create a consolidated government.
“Who authorized them to speak the language of, We, the people, instead of, We, the states? States are the characteristics and the soul of a confederation. If the states be not the agents of this compact, it must be one great, consolidated, national government, of the people of all the states.”
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