Constitutional Analysis

Freedom, or Order?

“The Articles of Confederation were more democratic than the Constitution of the United States.” True, the loose confederation of states underneath the Articles of Confederation were more democratic than the Constitution itself, but could that comparison really be considered bad? When examining such a statement, one must consider what values are important in government; freedom or order. Too much freedom creates anarchy, whereas too much order symbolizes a tyranny. So re-examining government itself, the balance between freedom and order become the key topic of debate.

According to Hobbes, man in a state of nature is in a constant “state of war” in which he is constantly struggling to survive. Government is needed to keep all men in a “state of awe” and serves to promote peace among the naturally war-inclined race. Yet government itself is simply “reflections on human nature” (Madison). Because man has the right to abolish a government that fails to protect his life or his property (Locke), it is essential that any government formed must perform its duties with the consent of the people. If you give too much power to the people, the government will be impotent and man will thus again be thrust into a state of war. If you give the government too much power, the people have every right to dissolve it. Therefore in creating a government, you must create one that can perform its purpose of protecting property; with enough power to regulate the people, yet not enough as to oppress them.

When the Treaty of Paris was signed in 1783, the newly formed country was anxious to start its life anew, without the oppressions and grievances that the tyranny of British rule had brought. The Declaration of Independence, penned mainly by Thomas Jefferson, declared fervently that “all men are created equal”; a key element in the government to follow. Eager to establish a new democratic government, the Articles of Confederation were adopted among the states. Underneath this government, state legislatures elected by the people would have ultimate power over the government. Unfortunately this idea of state sovereignty proved to have many fatal drawbacks. The inability for a federal government to regulate trade and collect taxes along with the nearly impossible form of passing legislation created not a strong country, but a loose collection of vulnerable ones. It was then decided to revise this system of government.

When the first attempt failed, a new meeting was held in Philadelphia, where 55 delegates deliberated on how the country should be governed. Although there were many debates as to how such a government should be constructed, it was certainly clear that the previous form was inept in its duties. Where it can be argued that the Articles of Confederation represent a democratic government much like that of the Greek model, then the Constitution was based on the Roman Republic model. The Framers of the Constitution sought not only to create a nationalist government, but one that would be protected against the oppressive majority rule. Even Benjamin Franklin feared the consequences if the “rabble” of people assumed control over the government. Thus specific measures were taken into consideration when writing the Constitution. In order to keep the legislative branch from dominating, it would be divided into separate branches; and in order to keep a more balanced government, the executive branch would be fortified. The federal government was to have supreme authority over all the state government, and order was