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Essay on drafting of the constitution
The creation of the United States constitution
The articles of confederation
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The Articles of Confederation is the first constitution document of the United States that called for a loose confederation between the new United States without a strong centralized government. There were some problems with this document that the new constitution had to correct. Leaders were holing a convention where they were beginning to recognize the problems of the Articles. The Articles of Confederation had problems with representation of states, regulating trade, passing laws, levying taxes, and raising an army. The congress had a lot of responsibilities but little authority to deal with them and many states often did not comply. Twelve states were supposed to send delegates to the Constitutional Convention to revise the Articles, but out of 74 delegates that were supposed to be sent only 55 attended with Rhode Island not participating. James Madison held the position in drafting the Constitution to replace the Articles …show more content…
of Confederation, but the amending required the consent of all states and not all were there. But that didn’t stop the process though, the men simply ignored that and began creating a whole new Constitution. The representation of states in the Articles only let each state receive one vote regardless of size and that was fine with the smaller states because they wanted to represent themselves, but the larger states wanted the Congress to represent them. To end the bickering, the delegates came to an agreement with the idea of the Connecticut compromise which called for a bicameral legislature with equal representation where the Senate received two votes and the House of Representatives was based on the population. They meant for the compromise to create equality but instead it gave smaller states more power because the majority of power relies in their Senate who ratifies treaties, confirms presidential nominations, and hears impeachment trials. They saw regulation of trade as a problem too, in the Articles there was no provision to regulate interstate trade, in other words there was no control of the trading between states.
To change that, they decided to put in the Constitution that Congress has the right to regulate trade between states. The passing of laws was complicated because again the congress could only do so much with the little power that they had and to approve legislation they needed 9 of 13 of the states to approve. There was not a strong government provided and that’s was something that the leaders wanted to change. There were three branches of government created independently so that no branch could control the other. There was the Executive Branch which was the White House (President and Vice President), the Legislative Branch which was the U.S. Capital (Congress, House of Representatives, and Senate), and the Judicial branch which was the Supreme Court. Under the Constitution in order to pass laws, they needed 50%+1 of both houses plus signature of the
President. With levying taxes in the Articles of Confederation, the Congress could request states to pay taxes but that changed. Taxing was necessary, so when the Constitution came about the Congress now had the right to levy taxes on individuals. The final problem I chose is raising armies, in the Articles the Congress couldn’t draft troops, they were dependent on states to enlist themselves to help fight. The Constitution changed that by letting the Congress raise an army themselves to deal with military situations. Although the Constitution was made to take place of the Articles of Confederation, the delegates still needed the states to agree to use it. The Federalist were the people that was accepting the document, but there were still some who was nervous to let this change happen and they were labeled the Anti-Federalist. They felt that if they accept this document called the Constitution that they would be giving up their power, but a man by the name of James Madison put their fears to rest a little when he made the Bill of Rights amendments. The Bill of Rights stated that there will be freedom of religion, speech, and press, right to bear arms, no obligation to quarter soldiers, and security of the people against unreasonable searches and seizure. By Madison calming the fears of the Anti-Federalist they were able to get enough votes to make the Constitution official.
Instead, the Constitution grants Congress the power to pass legislation regulating all commerce bar intrastate trade (U.S. Const. art. I, § 8, cl. 3). Coupled with the subsequent clause enabling Congress to pass any legislation they deem necessary in order to carry out the laws passed by dint of the body’s Constitutionally-enumerated powers (U.S. Const. art. I, § 8, cl. 18), the enumerated power to regulate interstate and international commerce endows Congress with a significant capacity to control the nation’s
It was the mid-late 1700s, and America had finally achieved and received independence from Great Britain. Peace in America on the other hand, not so much. After gaining independence, the Articles of Confederation were made as a system of government for the United States, but gave very imbalanced power between federal and state levels. For example, on the federal level, the national government couldn't force a state to pay taxes. To try to amend the Articles, in 1787, a meeting made up of delegates representing the states was called up, but instead, what would be created is what we now know as the Constitution. But how exactly did this document remedy the flaws of the Articles, and prevent tyranny from unjust amounts and usage of power? The Constitution helped stop tyranny in government with a
The thirteen states formed a Confederation referred to as the “league of friendship” in order to find a solution for common problems such as foreign affairs.The Articles of Confederation was the nation’s first Constitution. The articles created a loose Confederation of independent states that gave limited powers to the central government. Each state would have one vote in the house of Congress, no matter the size of the population. Members of the one-house Congress, such as Pennsylvania, agreed that the new government should be a unicameral legislature, without an executive branch or a separate judiciary. Under the articles, there wasn’t a strong independent executive. There wasn’t any judicial branch but Congress had the authority to arbitrate disputes between states. Congress was responsible for conducting foreign affairs, declaring war or peace, maintaining an army and navy and a variety of other lesser functions. But the articles denied Congress the power to collect taxes, regulate interstate commerce and enforce laws. Because of this, the central government had to request donations from the states to finance its operations and raise armed forces.
The thirteen American colonies were under the British control until they declared their independence from British in 1776. A year after the declaration of independence, the continental congress established the Article Of Confederation, which was the first constitution in the United States. According to manythings.org, “During that war, the colonies were united by an agreement called the Articles of Confederation”. It was later ratified in 1781, but it had many negatives because it was very weak. According to manythings.org, the Articles Of Confederation did not: organize a central government, create courts or decide laws, nor provide an executive to carry out the laws, and all it did was just create a Congress. This congress was very useless
The year of 1776 was a time of revolution, independence, and patriotism. American colonists had severed their umbilical cord to the Mother Country and declared themselves “Free and Independent States”.1 The chains of monarchy had been thrown off and a new government was formed. Shying away from a totalitarian government, the Second Continental Congress drafted a document called the Articles of Confederation which established a loose union of the states. It was an attempt at self-government that ended in failure. The Articles of Confederation had many defects which included a weak central government that lacked the power to tax, regulate trade, required equal representation and a unanimous vote to amend the Articles, and had only a legislative branch. As a result the United States lacked respect from foreign countries. These flaws were so severe that a new government had to be drafted and as a result the Constitution was born. This document remedied the weak points of the federal government and created one that was strong and fair, yet still governed by the people.
When the United States declared itself a sovereign nation, the Articles of Confederation were drafted to serve as the nations first Constitution.Under these Articles, the states held most of the power; but due to an almost absent centralized government, colonists were ill-equipped to deal with such practices as regulating trade both between states and internationally, levying taxes, solving inter-state disputes, negotiating with foreign nations, and most importantly enforcing laws under the current notion of "Congress". Realizing that there were several deficiencies in the current system of self-government, the states appointed delegates to ratify the situation and come up with a way to attain the aforementioned practices they needed to be a functional independent nation.
Being very different from the Articles of Confederation, the Constitution gave the foundation for the legislature and kept each branch in check, assuring none would become too powerful. With the large and small states finally in agreement, ratifying the constitution was the next step. September of 1787 the final draft, containing around 4,200 words, was created by the Committee of Style. George Washington was the first to sign the document on September 17th. Although 39 of the original 55 signed the document, the delegates of Massachusetts were unwilling to approve the document. Nine of the thirteen states had to ratify the document in order for it to become law. To help gain popularity for the Constitution, James Madison, Alexander Hamilton, and John Jay made essays. There were 85 total essays and they were distributed in newspapers across the states. Those who supported the document were referred to as Federalist and those who did not support the document were known as Anti-Federalist. The first states to ratify the Constitution were Delaware, New Jersey, Pennsylvania, Georgia, and Connecticut. Massachusetts still strongly opposed the document, saying that freedom of speech, religion, and press were lacking protection. An agreement was made in February 1788 that the document would be amended to include what was lacking upon ratification. With hesitation,
The Articles of Confederation were approved by Congress on November 15, 1777 and ratified by the states on March 1, 1781. It was a modest attempt by a new country to unite itself and form a national government. The Articles set up a Confederation that gave most of the power to the states. Many problems arose and so a new Constitution was written in 1787 in Independence Hall. The new Constitution called for a much more unified government with a lot more power. Let us now examine the changes that were undertaken.
The Articles of Confederation were developed after the Revolutionary War, and were a good idea to help set standards for America. However, they had some major problems that needed to be solved in order for America to become a strong nation. After these problems were addressed the Constitution was developed.
The Articles of Confederation was the United States first attempt at creating a democratic government. Instead of giving power to the central government they divided it up among the states (Kelly). This fact left the Articles with many weaknesses that ultimately led it to fail. The lack of a strong central government led to economic disorganization, no central leadership and an ineffective legislative, all which led to its downfall (Brackemyre). Leaving power to the states left the nation in a state of economic disorganization. Without the national government having the power to levy taxes, it was left with the states (Murphy). The legislature only had the right to request taxes, and it was left up to the states how they wanted to raise them, but they oftentimes weren't (Brackemyre). There was also no uniform system of currency which made trade between states difficult. The fact that states instead of Congress regulated trade led to a lack...
The Articles of Confederation were incapable of providing the United States with an effective form of government. The Articles of Confederation presided weakly over the government as it allowed little or no power to tax, control trade, and branches of government were missing. In addition to this, the thirteen states acted as separate nations and the national government had little control over them.
The next step of the convention was more democratic, in that there were delegates sent to Philadelphia by the state legislatures (Roche 18). Since the legislatures were chosen by elections in the states, the delegates to the convention were indirectly chosen by the people. Rhode Island did not send delegates, but there was an opportunity for them to do so. They decided against sending anyone since they knew they would not be welcomed by the convention.
First, the formation of the Articles of Confederation was the first constitution in the United States. The Articles of Confederation was not the best constitution out there since congress could make decisions, but had no power to enforce them. There was a requirement for unanimous approval before any modifications
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
The Constitution that was created had a strong central government and weaker state governments. Under the Constitution, Congress was given the power to levy taxes, regulate trade between the states, raise an army, control interstate commerce, and more. A three-branch government was established in which a judicial branch handled disputes in a federal court system, a President headed an executive branch, and a legislative branch. Conversely, the anti-federalists believed in weak central and strong state governments, as the way it was in The Articles of Confederation and believed in strict adherence to the writings of the constitution.