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About checks and balances paragraph
Articles of confederation weaknesses
About checks and balances paragraph
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The Constitutional Convention, which met from May 25 to September 17, 1787, in Philadelphia, Pennsylvania, is among the most important gatherings in America’s history. It is on this date that the modern day Constitution was spawned from the revisions of the original Articles of Confederation. These revisions were justified by the fact that the Articles of Confederation produced an inefficient government, lacking a strong federal branch and set of laws. The Constitution, however, produces an effective government by mending the flaws of the old Articles and by adhering to the peoples and states needs while also maintaining a strong federal administration through a system of checks and balances. The founding fathers agreed that the ratification …show more content…
and creation of the Constitution from the original Articles of confederation was tremendously necessary to assure the thriving nation the United States is today. First and foremost, the Articles of Confederation created an enormous amount of economic disorganization and inefficiency, too much for an effective government. This inefficiency led to financial disasters for the young nation. America was struggling to contend economically and repay the debts it had incurred when fighting for independence. “Without an explicit grant of constitutional power caused by the Articles of Confederation, the federal government would be in the strange position of not having the authority to pay off the debts still owed by the country” (Sikkenga). Due to the limitations of the Articles, Congress could not regulate trade, and as a result, America had been plagued by economic chaos. Under the Articles, Congress was only able to regulate trade and commerce with Native Americans and, even then, only if it did not impair an individual state’s ability to monitor its own trade. Not only this, but there was also no uniform system of currency. All forms of American currency could have been rightfully regulated by congress; but an established united currency did not exist due to the shortcomings of Articles, meaning that while the national government could print money, the states could as well. Consequently, America was without a uniform system of currency which caused trade between the States, and with oversea entities, to be more difficult and less efficient. Taxation was a major issue as well. The states were the only entities that had the ability to enforce taxes and raise revenue. The Articles stated that congress had to request funds from the States. Via Article VIII, these funds “shall be supplied by the several States in proportion to the value of all land within each State.” All of these problems resulted in congress facing substantial revenue shortcomings. Overall, it was the inability to achieve economic unity that brought forth many American economic woes while adhering to the rules of The Articles of Confederation. Because of this, the congressional body had limited useful means to administer its laws, raise revenue, and regulate economy. In addition to all of the economic disparities the Articles created, America also had an extremely poor central government. The Articles placed all sovereign power with the States, initiating a leadership deficit. For one, there was no independent judiciary. The Articles of Confederation did not offer any system of courts in the jurisdiction of the national government. This assured that the entire judiciary branch would be dependent on the States, and permitted different states to interpret laws differently. “This led to disputes between states, which were difficult, if not impossible, to settle since each state relied on the ruling of its own courts, usually dismissing the others” (Smith). Since there was not a set of unified national court systems, people or states could not file objections against the national government. The States always had the ability to ignore anything they disagreed with, but if a citizen had a grievance with the national government there was not system in place to hear the lawsuit. Because the Articles failed to provide for central leadership, the young nation of America was unable to effectively participate in foreign affairs. Most apparently, the lack of a presidential figure or body left America unable to lead and conduct these affairs. All of this created a serious diplomatic disadvantage for the undeveloped nation. Additionally, the inability to deal with internal and external threats was another problem with the Articles. It is immensely counterintuitive that a section of government is tasked with declaring war, but not permitted to forge together an armed force. According to the Articles of Confederation, Congress had the complete ability to make peace and war, but did not have the proper jurisdiction to organize an army of its own: “The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war.” Instead, the federal government had to depend on state militia. This caused Congress to fail to defend American from the rising threat of Britain following the Revolutionary War. The last major failure of the Articles of Confederation was its burdening legislative inefficiencies.
Per Article V, “each State shall have one vote.” (Yale Law School: Lillian Goldman Law Library, Articles of Confederation: March 1, 1781.) As a result, small States and large States alike had the same voting weight in Congress and there was no proportionality in voting matters. This was not corrected until the Great Compromise which was later established under the Constitution. Since voting was an issue, it made it unimaginably difficult to pass laws. “No matter how many men stood up to represent a particular state, when it came time to vote they could cast but one. This is considered one of the flaws of the Articles for it created unequal representation of the people because small states had an equal say with large states” (Bradley). Since it took the consent of 9 of the 13 states to commend legislation, blocking a bill only took 5 states. An integrated population smaller than the single state of Virginia (i.e. Delaware, Rhode Island, New Hampshire, Georgia, and New Jersey) could block every case of legislation proposed by congress. A small minority of American’s were able to stop bills from passing that could have potentially benefitted the large majority of Americans. In addition to that problem, the Articles spawned an impractical amendment process. Article XIII prohibited “any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.” A unanimous vote was required for and it made it extremely challenging to pass changes. This is why, eventually, the Articles were scrapped altogether in favor of an entirely new governing document- The
Constitution. The most obvious difference between the Articles of Confederation and the Constitution is that the Articles christened for a confederate form of governance, whereas the Constitution sketched a federal style of government. The divergence between confederate and federal models occurs when sovereign supremacy is gifted. Both documents have pros and cons, but the Constitution has been proven to be a much needed successor to the Articles. Without the Constitution, the United States of America would not be the thriving nation that.
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
At the time, larger states like Virginia were creating an unfair amount of power for themselves that the small states didn’t have. In the new government, Congress was created to make laws, and was made up of the House of Representatives and the Senate. The House of Representatives would give states a number of Representatives they could have based on their population. This would give fair power deserved to the larger states. The Senate however would be two and only two Senators for each state, no matter how large or small, bringing some equality to Congress.
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 article, there wasn’t a strong independent executive.
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.
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
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 constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The delegates who had made their way to Philadelphia to attend the Constitutional Convention had dealt with several issues prior to their coming to Pennsylvania in 1787. Just four years prior to the Convention, The Paris Peace Treaty with Britain was agreed upon and signed with the assistance of Benjamin Franklin as America’s first ambassador. Only months, before the convention was underway in February of 1787, Shays rebellion had started and would cause for issues. This conflict however, would be one of the major reason why the convention would come together to look at the Articles of...
More and more states became interested in these changes and decided to meet in Philadelphia on May 25, 1787. On this date the Constitutional Convention was held and the U.S Constitution was presented as a new plan of government that would completely replace the old system. This new plan called for a strong central government that would have highest authority on legislation and implementing laws. The federalist papers supported the choice to replace the Articles of Confederation and advocated for a strong central government. They persuaded citizens that this new form of government would build a stronger national unity and it would provide greater protection overall.
The 1787 Constitutional Convention was paramount in unifying the states after the Revolutionary War. However, in order to do so, the convention had to compromise on many issues instead of addressing them with all due haste. This caused the convention to leave many issues unresolved. Most notably were the issues of slavery, race, secession, and states’ rights. Through the Civil War and the Reconstruction, these issues were resolved, and in the process the powers of the federal government were greatly expanded.
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.
In May of 1787, a developing nation was on the verge of crisis. Delegates from twelve states met in Philadelphia to find a solution. The fifty-five men hoped to revise the Articles of Confederation to fit the needs of the growing country. After four months of a heated debate, they reached an agreement leading to what is now known as the American Constitution and Bill of Rights.
In May of 1787 55 individuals went to Philadelphia to go to the constitutional convention.The reason behind this meeting was to create a new constitution because the Articles of confederation proved to be unsuccessful at holding a nation together.While creating the constitution the framers were especially concerned with avoiding tyranny in the U.S.James Madison made large contributions to the making of the constitution.Some concepts included in the constitution to guard against tyranny were separation of powers ,checks and balances,and The Great Compromise.