ABSTRACT

Following the American Revolution, the Thirteen Colonies were loosely bound by the Articles of Confederation (1781) under which each “retains its sovereignty, freedom, and independence,” established “a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare.” In addition, taxes “shall be laid and levied by the authority and direction of the legislatures of the several States.”1 Under these circumstances, the former colonies were prey to disunion and foreign dangers, and were hobbled by an inability to take united and decisive action. As a result, the Constitutional Convention convened on May 25, 1787 at the State House (now Independence Hall) in Philadelphia where it proceeded to ignore the requirement for unanimity in amending the Articles of Confederation and instead drafted a constitution, filled with compromises, over which later generations argued and fought, that established the sovereign state of the United States. As befit the representative of a sovereign state, the new government, like older European governments, was given authority to establish tariffs, levy taxes, borrow and coin money, raise an army and navy, and conduct foreign affairs with other sovereign states. “A firm Union,” wrote Alexander Hamilton in Federalist Paper No. 9, “will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection.”2