The Federal Constitution and the Defects of the Confederation

Max Farrand

American Political Science Review, 1908, vol. 2, issue 4, 532-544

Abstract: While it has frequently been stated that in framing the Constitution of the United States the federal convention of 1787 was engaged in a very practical piece of work, it never seems to have been realized how completely the members of that convention were dependent upon their own experience. With the Declaration of Independence the colonies organized themselves as States, framing and adopting constitutions. In the course of the Revolution, those States united under the Articles of Confederation. When this latter instrument of government proved to be inadequate, a fresh essay was made and our present Constitution was the result. That the Constitution was framed because of defects in the Articles of Confederation is universally accepted, but it does not seem to be recognized that experience had shown certain specific defects to exist, that the convention was called for the purpose of correcting those specific defects, and that the Constitution embodied in itself little more than the remedies for those defects.In order to appreciate this point of view, which it is believed is the true historical interpretation of the action of the federal convention in framing our Constitution, it is necessary to divest oneself of preconceived ideas and prejudices due to modern misinterpretation.

Date: 1908
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