Argument taken from the Federalist Papers, along with certain questions and paraphrases.
Quote from Stephen Hopkins found in American Political Writings of the Founding Era, volume 1.
One of the fundamental causes of the Constitutional convention was the inadequacies of the Articles of Confederation from reigning in the power of the states. The primary goal of the United States Constitution is to control the passions of the people, specifically in regards to situations that arise causing an outburst of a single opinion among the people (i.e. during the period of Confederation, the people of the various states were able to convince their state legislatures to make laws affecting contracts, effectively retarding the power of contracts between persons.) Our Constitution does this first be erecting a Republican government.
Our Republican government, “guard[s] one part of the society against the injustice of the other party.” It is not be to implied that our Federal government is beyond injustice, however history has shown that the States are more likely to be unjust. The Constitution of the United States, therefore, creates to opposing governments; one Federal and the other State. The Federal government is divided into three branches, with the most powerful being divided into two. The States are divided into three branches, and in most cases the most power being divided into two houses. The State governments also share their power with the local community governments. This is all in an attempt to curtail the possibility of an unjust government. It is also an attempt to curtail the tyranny of the people.
Through the style of our republican government, we are able to create barriers to protect against an unjust ruler. The second way our Republican government protects against the infringements of persons, and State and the Federal governments is through the size of our Republic. In history there has never been a Republic the size of the United States. A severe defect in the State governments, which necessitate the Federal government as a protector, is the closeness of the people to their legislatures. The State governments are too unstable because of how close the people are to their government. In order to keep their job, State legislatures act according to the demands of their constituents rather than according to the principles of justice.
The rule of factions is what has brought down republics throughout history and is what dismantled the American Confederacy. The problem of faction is the main focus of the American Constitution. In order to curtail factions there must be barriers placed to prevent their power from infiltrating the chambers of government. The first step to achieving this has been in the creation of two governments: State and Federal. The second step has been in the creation of an extended Republic, which allows for a multitude of opinions. This is achieved through the House of Representatives, which has traditionally (up until the passage of the 17th Amendment) been the direct representative of the people to the National legislature. They serve a short two year term and are eligible for reelection infinite times. All laws must be passed by them and by the Senate, which is indirectly elected by the people through the State legislatures (until the 17th amendment was passed.) Faction is dismantled in the chambers of our Congress as the multitude of opinions are presented by the House of Representatives and are filtered through the Senators who are further away from the influences of the passions of the people.
This has been dismantled through the adoption of direct election of Senators, but can be restored through the repeal of the same. The individual States are unable to protect against minority and majority factions, which make them the least able to protect the rights and liberties of the people. As was evident in the period leading up to the Constitutional Convention of 1787, the States were impotent in protecting justice in particular regards to contracts. The people held too much sway over their elected officials, resulting in the harming of the rights of the minority. Only through a Union, with a Federal government at the head, of the States can the defects of the State constitutions be repaired.
The rights of minority interests in the Federal government are upheld along side those interests of others. By extending the Republic from sea to sea, we have achieved in making all opinions and interests minority and only those that obtain a majority of proponents are made law. The aim of the Federal government is not to create a minority rule in the United States, but rather to represent only those interests shared by the majority of persons. It is left to the States, as small Republics, to represent the interests of the minority. Within small Republics minority factions are able to wield some power within the government. It is the main objective of the Federal government to entertain the interests of all parties, and it is given to the States to entertain the interests of their citizens. By entertaining all interests, the Federal government protects the rights of minorities by permitting them to exist whereas without the Federal government there is a greater chance that the minority opinions will not be heard. Which is why during the periods of Confederation, individuals unable to pay their debts and uphold their contracts were able to persuade their State legislature to nullify their contract and harming a minority party.
A third argument against secession will be brought forth next. I close with the words of Stephen Hopkins, “These, with all other matters of a general nature, it is absolutely necessary should have a general power to direct them, some supreme and overruling authority with power to make laws and form regulations for the good of all, and to compel their execution and observation.”
