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Constitutional Analysis. Freedom, or Order? “The Articles of Confederation
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Submitted by ablan on April 3, 2008
Category: American History
Words: 940 | Pages: 4
Views: 63
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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...
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