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Federalism in the constitution essay
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The founding fathers composed the United State 's first constitution, the Articles of Confederation, which was put into effect in 1781. Moreover, this constitution was known as the “league of friendship” and had major faults embedded within it. Consequently, these major faults lead to the formulation of a new constitution, the United States Constitution, which was put into effect in 1789, in which we still use today. The constitutions are both similar in retrospect but when one compares them directly the differences out lay the similarities. Regarding both the Articles of Confederation and the Constitution, many differences lay between them, specifically, the principle of Federalism and the distribution of power between the state and federal …show more content…
The Congress of Confederation was the only branch of government in place, there no was no executive or judical branches until the Constitution was put into effect. Under the Articles the only power the national government was granted was the ability to declare war, conduct foreign affairs, and make treaties. Furthermore, Congress did not have real power over the States, meaning all decisions made by congress could be ultimately be ignored by the states, leading to difficulties. Congress did have the power to established national control over land to the west of the thirteen states and devised specific regulations for its settlement. Under the Articles of Confederation, the power was concentrated with the states, however, with the new Constitution the power shifted more towards the federal government and less with the states. The Constitution varied significantly from the Articles of Confederation by giving no individual …show more content…
The reason the Articles of Confederation developed a unicameral legislative and no executive or judical branches was because they were fearful that if too much authority was given to a centralized body of government it would lead to tyranny and despotism. Since Congress did have national control over the land to the west of the thirteen states, immediately after independence Congress took the position that by aiding the British, Indians would forfeit the right to their lands. However, Congress encountered conflicting coercion from settlers and land speculators regarding the western development. Once peace was established in the United States there was rapid settlement rampage into frontier areas. Consequently, many leaders were frightful that the unregulated movement of settlement across the Appalachian Mountains would arouse a constant warfare with the indians. Other reason the Articles of Confederation was accepted at the time was the Land Ordinances. The Ordinance of 1784 established stages of self-government for the West and “Jefferson proposed that new territories be incorporated into union as states on an equal footing with original thirteen” (Keene, Cornell, O’Donnell 140). Moreover, the Ordinance of 1785 regulated the land sales in
The Articles of Confederation allowed congress to create successful land policies for the Old Northwest. Several states had large western land claims, such as Massachusetts and Virginia, made small landlocked states without western land claims feel inferior. These states ceded their land to the Congress of the Confederation. (Document E). Doing so, it showed that the states were capable of giving to the common good, following the republican idea of civic virtue that the Articles relied on. In dealing with the land of the Old Northwest, the Congress of the Confed...
Articles of Confederation vs. Constitution There are 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 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 these laws?
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.
The United States Constitution and the Articles have several ever present difference that some considered to be too radical. In terms of levying taxes, the Articles Congress could request states to pay taxes while with the Constitution; the Congress has the right to levy taxes on individuals. The Articles government had no court system while the Constitution created a court system to deal with issues between citizens and states. The lack of provisions to regulate interstate trade the Articles possessed created large economic problems, leading into a depression in the mid 1780's. The Constitutional Congress has the right to regulate trade between states. The Constitution has a strong executive branch headed by our president who chooses cabinet and has checks on power of the other two branches; the Articles had no executive with power. The president merely presided over Congress. The Articles took almost 5 years to ratify due to the fact that 13/13 colonies needed to amend the Articles before it could go into affect, with the Constitution, 2/3 of both houses of Congress plus ¾ of the states legislatures or national convention had to approve. During the years under the Articles, foreign soldiers occupied US forts during our early years, we were unable to force them out due to the fact that Congress could not draft troops, and they depended on the states to contribute to the forces. Under the Constitution we have the ability to raise an army to deal with any sort of military situations. In terms of passing laws, under the Articles 9/13 states needed to approve legislation while under the Constitution, 50% plus 1 of both houses plus the signature of the president is needed to pass a law. The Articles had a huge problem when it came to state representation. Under the Articles every state only received one vote, regardless of its size, this hindered the power of the larger states. With the Constitution, the upper house (Senate) has 2 votes and the lower house (House of Representatives) is based on population. When two states had disputes the Articles had a complicated system of arbitration to go through before any resolution was reached, under the Constitution, the federal Court system handles disputes between states.
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.
habit of printing new paper money to cover the new republic’s war debt and the
The United States Constitution and The Declaration of Independence are two of America 's most famous documents and most cherished symbols of liberty, however they are very different in their intents and themes, although both together laid the foundation for our independence as a nation. The Declaration of Independence proclaims the United States of America a free and independent nation that would no longer be under British Rule. The Constitution is the basis of the U.S. government. It can be rightly stated that the Declaration of Independence and the Constitution are best friends necessary in support for each other. There are two proofs necessary to make this argument: the first being, the Declaration requires limited, constitutional union
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 Articles of Confederation set up a government that consisted of a one house body of delegates, with each state having a single vote, acting collectively, could make decisions on certain issues that affected all states. There was no president or judiciary so any decision required nine of the thirteen states’ votes. At this point in time the United States of America ... ... middle of paper ... ... o consider the charms of liberty as imaginary and delusive.”
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.
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.