The American Republic

7. State versus Federal Authority

part seven State versus Federal Authority One of the central issues at the Constitutional Convention and at the conventions called to consider ratifying that Constitution was this: How could Americans form a government to address their common problems without losing the sovereignty of their individual states? Arguments over representation, the powers of the Supreme Court, congressional taxing power, and even the Bill of Rights in large measure grew out of Americans’ concern to balance the needs of the nation with the rights of the states. Ratification and passage of the Constitution’s first ten amendments did not end this debate. Indeed, it remained at the center of American public life up through the Civil War and, in some ways and in certain quarters, long after. Questions concerning states’ rights and federal authority erupted at various times before the Civil War. This occurred most explosively in regard to slavery, but two other issues raised tensions to dangerous levels. First, the Alien and Sedition Acts increased presidential powers concerning the status of foreign citizens suspected of fomenting unrest and limited certain forms of criticism of the national government. Second, the War of 1812 was politically unpopular and raised the issue of the central government ’s right to draft citizens of the states into military service. Both called the very existence of the states’ union into question. Beneath the immediate issues was a constitutional question : Was the United States the creature of its states—a compact among sovereignties—or was it a union of citizens , joined together in a national government, with the states subordinate members of that greater whole? ...