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Strengths and weaknesses of the US constitution
History of articles of confederation
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While the Articles of Confederation and the United States Constitution are both important documents in American History, one prevailed as our source of democracy for over two hundred years. The United States Constitution was composed to correct the failures of the Articles of Confederation. In this way, the strengths, weaknesses, and their effects on the United States government served as a precedent for the sovereign and independent government that the American citizens have today. Although the Articles of Confederation were imperfect, they did accomplish several important goals. This document was created on November 15, 1777 and made Congress the highest power of the nation. Additionally, it gave Congress the sole power to declare war. It also brought forth the Treaty of Paris, which ended the R evolutionary War and severed ties with Great Britain. The Articles of Confederation also passed the Land Ordinance of 1785, which made land in …show more content…
the Northwest Territory available for sale in square-mile sections. The Northwest Ordinance made statehood possible in the western territories and provided an orderly settlement process in the West. Congress also gained the power to make laws and operate post offices. Conflicts among the states were brought directly to Congress. This was both a strength and a weakness because it gave Congress some power, but it was still more of a mediator than an enforcer of the law. Although Congress had many important functions, it could still not regulate foreign trade or collect taxes. Instead, it borrowed money on credit, which resulted in a financial deficit. Furthermore, the Articles of Confederation did not establish a national court system to protect our rights, relying instead on the states for this. The United States also did not have an executive branch. This made the enforcement of laws very challenging. With only a single, unicameral legislature, the Congress had no system of "checks and balances". Each state received only one vote, despite variations in population size. To create a law, nine out of thirteen states had to approve it. It was usually difficult to get a consensus because legislative goals varied between the different states. With all of these issues, the states tried to amend the Articles. This was very challenging because an amendment required unanimous approval among the states before Congress could pass it. [Peterson] The legislators had numerous disagreements with the Articles of Confederation, so they resolved to meet to revise this document. In May of 1787, each state appointed delegates to go to Philadelphia and modify the Articles of Confederation. Rhode Island chose not to participate. They were opposed to a strong central government. Fifty-five rich, well-educated men met in Independence Hall to discuss what they had to accomplish. The delegates chose George Washington to lead the convention. Each state got one overall vote, and majority votes from delegates in the states made the decisions. After less than one hundred days, they drafted the new Constitution, and the Articles of Confederation were formally retired. The first problem that the delegates corrected concerned the power of the federal government and the states.
Who would have more control? They decided that the whole nation had authority. This idea of "Separation of Powers" helped avoid one group having dominance. Sovereignty was to be divided between state and national governments. The delegates created a government with three branches, and idea inspired by the French philosopher Baron de Montesquieu. The Judicial, Executive, and Legislative branches would check and balance each other. The Judicial branch could now protect our rights and the Executive branch could enforce laws. Congress now had the power to create and impose taxes. The delegates also decided that a group of people appointed by each state would choose the leader of the executive branch. Each state received a certain number of votes in proportion to its population, as determined by the census. The framers called this the Electoral College. The delegates also determined how representation in Congress would
operate. There was a great deal of debate between the large and small states. The larger states wanted representation in Congress to base itself solely on population. James Madison, who would later be named the "Father of the Constitution", proposed the idea known as the Virginia Plan. [Bloom] Madison’s plan called for three branches of government, with a bicameral legislature with both houses determined by population. Smaller states favored the New Jersey plan, written by William Patterson. It also called for three branches of government, but it proposed a unicameral legislature with equal representation by each state. In the end, Roger Sherman came up with the Great Compromise. He proposed a bicameral legislature with an upper and lower house. The lower house was to be called the House of Representatives. It had representation proportionate to state population, with each member serving two-year terms. The upper house was to be called the Senate. Each state would elect two senators who would serve six-year terms. Another debate occurred between the North and South, and involved the states counting slaves as a part of the population. At this time, there were about 550,000 slaves in America, mostly in the South. The South wanted them to be included in the population because this would give them more representation in Congress. The North did not think it was fair for the South to count the slaves in their population because the South treated them as property, not people. They finally settled the controversy with the Three-Fifths Compromise. This said three out of every five slaves would count as a person for representation and determining taxes. Another negotiation, the Slave Trade Compromise, gave Congress the power to regulate state and foreign trade. However, it stated that Congresss could not intervene with slave trade for twenty years. Amendments now required only three quarters of the states to approve them, where previously the Articles of Confederation would have called for a unanimous agreement. There were several important distinctions between the ways the Articles of Confederation and the Constitution were to be ratified. The Articles of Confederation took four years to ratify. Congress sent it to the states to approve it in late November 1777. Most delegates recognized that it was a flawed document, but agreed that it was better than no document at all. By June 1778, all of the states ratified the Articles except Maryland, Delaware, and New Jersey. These three smaller states wanted the other states to give up their claims on Western land before they agreed to ratify the Articles. This was a problem because the Articles of Confederation required unanimous approval. In February 1779, Maryland was the only remaining holdout. Finally, Maryland consented in 1781. [United States Department of State] The Constitution was complete on September 17, 1778. The delegates signed it, but it did not go into effect until nine out of the thirteen states ratified it. Federalists supported the constitution while Anti-Federalists did not. They thought delegates in Philadelphia exceeded their authority by replacing the Articles of Confederation instead of revising it. Alexander Hamilton, James Madison, and John Jay wrote the Federalist Papers to rally support for the Constitution. It took ten months for it to be ratified and to take effect. New Hampshire became the ninth state in June 1778, and the Constitution finally became the law of the land. Eventually Virginia and New York also agreed, but two remaining states opposed the new document. North Carolina and Rhode Island refused to ratify it without a Bill of Rights. [Mount] On September 25, 1789, Congress sent each of the state legislatures twelve proposed amendments. The states subsequently adopted numbers three through twelve. These officially became the United States Bill of Rights. North Carolina and Rhode Island, the two remaining states, finally consented after newly elected president, George Washington, took office. [Mount] In conclusion, the United States Constitution and the Articles of Confederation are entirely different. The Constitution is a completely different document made to strengthen the government and protect our inalienable rights. The only similarities they possess are that the same people established them for the same purpose, and they were both the official governmental documents of the United States. They had the same goal, which was to create an independent government separate from Great Britain. Even over two hundred years later, the United States of America still acknowledges the Constitution as its supreme governing document.
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
There were many differences between the Articles of Confederation and the Constitution. At the end of the American Revolution the free states needed some sort of control that would generate to a unified country. Issues arose such as: How should power be divided between local and national governments? How should laws be made, and by whom? Who should be authorized to govern those laws? How could the government be designed to protect the unalienable individual rights? Their first attempt at solving this issue was the Articles of Confederation, which was a failure for the most part, but not completely. After the failure of the articles, the state delegates tried to revise the articles, but instead, constructed the Constitution. There were so many changes made and very little remained the same.
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.
The Articles of Confederation was America’s first constitution. The Articles of Confederation failed to create a strong central government, however. With the demise of the states in sight, the need for a stronger and more structured central government became apparent. An invitation was sent to all thirteen states in February 1787 by the Confederation Congress to resolve the matter. The events that took place over the next several months would create the United States Constitution. Going down in history as a revolutionary form of government, the U.S. Constitution would give life to a country that is still running strong over 200 years later.
One of the key differences between the Constitution and the Articles of Confederation is in the way that they set up the Legislature. In the Articles, it is established as a unicameral legislature which it refers to as a Congress. The Constitution on the other hand establishes a bicameral legislature with an upper house, the Senate, and a lower house, the House of Representatives. The reason for this change was because different states wanted the number of representatives to be selected in different ways. Under the Articles of Confederation all States were represented equally and the bigger states felt that they should be getting more say in the decisions that the Country would be making. Needless to say the smaller states did not readily agree to this.
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.
In comparing the Articles of Confederation with the U.S constitution that was produced by the federal convention in 1787, it is important to note that the U.S operated under both documents. During March 1, 1781, the Articles of Confederation went into effect when it was ratified by Maryland. However, the U.S constitution replaced the Articles of Confederation as soon as it was ratified on June 21, 1788 by New Hampshire. The main difference between the Articles of Confederations and the U.S Constitution is that the constitution didn’t force the laws, but established the why of the constitution. In establishing the why, it warranted the farmers to work on the government being better than the Articles of Confederations.
After the Revolutionary War, the newly formed United States still had a major task ahead of them. They had to form a new government that would satisfy the demands of the people and ensure the success of their nation. The Articles of Confederation was the first system of government that was proposed and put into effect. This attempt at creating a system that protected the people form a strong central government ultimately failed but was an important step in the development of the current government system. The weaknesses presented by the Articles of Confederation helped lead to reforms that made the Constitution successful. Both the Articles and the Constitution demonstrate the struggles that the colonists went through with the British and their desire to establish a new tyranny free government.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
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.
Yes, the Constitutional Convention of 1787 was essential to preserve the Union, as the Articles of Confederation did a meager job establishing a stable America. Only a handful of people from the entire nation were pleased with the issues addressed in the Articles of Confederation. This document didn’t unite the nation, but created more differences among the people. The Articles of Confederation failed to properly allocate power between Congress and the states, giving the states supreme control, rather than Congress. This unbalance in society left each individual state on their own, besides the alliances they could form within each other (creating even more rifts within the country). The Congress didn’t hold the power to tax or create a national military, navy, and army, which didn’t allow America to strengthen as a nation. By vesting these powers in the state, the Articles of Confederation technically created thirteen small countries. After the Revolution, the United States became even more susceptible to foreign invaders and if a minute state militia was responsible for warding off these trespassers, the state would be easily attacked. This is just once consequence that could have occurred, if the Constitution of 1787 wasn’t accepted.
In 1777, the states enacted the Articles of Confederation to preserve democracy and prevent tyranny from those who sought to centralize power. But in their efforts to keep their independence, the states created a weak central government that was unable to improve an insolvent economy and poor foreign relations.
The Articles of Confederation was the first government of the United States. The Articles had created a very weak national government. At the time the Articles were approved, they had served the will of the people. Americans had just fought a war to get freedom from a great national authority--King George III (Patterson 34). But after this government was put to use, it was evident that it was not going to keep peace between the states. The conflicts got so frequent and malicious that George Washington wondered if the “United” States should be called a Union (Patterson 35). Shays’ Rebellion finally made it evident to the public that the government needed a change.
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
Soon after the Revolutionary War in America, a new government was started when the Articles of Confederation were adopted by the Continental Congress. The Articles set up a democratic government that gave the States the power to make their own laws and to enforce them. However, the Articles were ineffective and failed to provide a strong government. During this critical period in the history of the United States, pandemonium and anarchy were growing due to: controlled public, nothing in the Articles that gave Congress the power to enforce laws, no solid monetary system, and also the country lacked unity and strength