Articles of Confederation vs. Constitution 1 Essay Example
Articles of Confederation vs. Constitution 1 Essay Example

Articles of Confederation vs. Constitution 1 Essay Example

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  • Pages: 5 (1186 words)
  • Published: November 14, 2017
  • Type: Report
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Examining the differences among the Articles of Confederation and alternative forms of government.

Following the American Revolution, the independent states aimed to form a cohesive nation. This resulted in the development of the Constitution, which differed significantly from the ineffective Articles of Confederation. The Constitution tackled crucial matters like how power is shared between local and national governments, methods of creating laws, governing bodies, and safeguarding individual liberties. Despite initial efforts to amend the Articles of Confederation, they were ultimately replaced by a thoroughly revised version of the Constitution.

The primary purpose of the Confederation, also known as the "league of friendship," was to address shared issues such as foreign affairs among the thirteen states. Its creation led to the introduction of the nation's inaugural Constitution, known as the Articles of Confederation. These articles established a relaxed Confederation comprising self

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-governing states that bestowed restricted authority upon the central government. The Congress' house would operate under a one-state, one-vote system, ignoring population size discrepancies across those states.

Members of the Pennsylvania one-house Congress reached a consensus that the new government should adopt a unicameral legislature without separate branches for the judiciary or executive. The Articles did not establish a strong, independent executive or judicial branch; however, Congress possessed the authority to settle disputes between states. Foreign affairs, war and peace declarations, army and navy maintenance, as well as other functions were among Congress' responsibilities. Nonetheless, Congress lacked power to levy taxes, regulate interstate commerce or enforce laws. Consequently, the federal government had to rely on donations from states to finance its operations and raise armies.

The states were concerned about the national government overreaching and becoming a monarchy, s

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they aimed to restrict its power. However, Congress ended up creating a weak national government incapable of governing effectively, which caused significant issues domestically and globally. A significant shortfall of the Articles of Confederation was the inability to manage trade and taxes since each state handled its financial affairs. At times, states would engage in tariff wars leading to their indebtedness. Consequently, states withheld the funds that the national government required.

The government had incurred debts during the revolution, which included payments to soldiers and citizens who supplied materials for the cause. However, Congress was unable to pass crucial laws or amend articles because they lacked the necessary majority and unanimous consent from all states. As a result, states disregarded the powerless Congress and failed to comply with the Treaty of Paris of 1783. The lack of unity was observed by foreign countries. Because no income was collected by the national government, there were also insufficient funds to defend borders from British and Spanish abuse as required.

The Antifederalist representatives were in support of the Articles of Confederation. These articles enabled states to manage interstate commerce, mint their own currency and control its circulation, which led to different values of money across states. Consequently, this prevented the nation from achieving overall prosperity.

The Antifederalists, comprising individuals from lower societal strata, were against a dominant central government as they saw it jeopardizing the freedoms and liberties of Americans. This group included backers of states' rights, impoverished farmers, those in debt, the uneducated and illiterate, and supporters of paper currency. Despite existing safeguards by state governments through bill of rights provisions, the majority of Antifederalists argued for their inclusion in

the Constitution to prevent potential infringement.

Alternatively, the Federalists upheld the Constitution and desired a strong central government. They perceived the Articles of Confederation as weak and insufficient, advocating for a National government to protect citizens' rights. Despite their endeavors to devise innovative ideas for establishing a republican form of governance, their attempts were unsuccessful due to the fragility of the Articles.

In May 1787, George Washington convened a convention to address the political and economic challenges facing the country and amend the Articles. Representatives from eleven states (out of thirteen) were in attendance. The outcome of this convention was a three-branch government: legislative (Congress), executive (the President), and judicial (Supreme Court). This system implemented checks and balances to maintain power equilibrium and prevent dictatorship within the nation.

The aim of the Constitutional Convention was to prevent a monarchy in the US by dividing power among three branches. Two proposals were presented by representatives from Virginia and New Jersey to create a new legislative branch. The Virginia Plan, also known as the "large state plan," suggested a bicameral legislature where each state's representation in Congress would be based on its population. Conversely, smaller states like New Jersey advocated for a unicameral legislature.

The proposal known as the New Jersey Plan, also called the "small state plan," advocated for equal representation of states despite their population size. This sparked debates that escalated tensions between the smaller and larger states. Eventually, the Great Compromise was reached, which proposed a two-house legislature that would appease both sides.

The delegates proposed the establishment of two legislatures: one with representation from each state by two senators (Senate), and a second based

on the population of each state (House of Representatives). They agreed to count every slave as three-fifths of a person in determining both population and the number of representatives in the House. The Constitution granted Congress authority over taxation and commerce regulation, while defining presidential powers was an easier task for the delegates.

Although some delegates held radical viewpoints, such as Alexander Hamilton's proposal for an American monarch, most agreed that the United States required a new executive or president to provide the strong leadership absent under the Articles of Confederation. This president would be elected via the Electoral College and serve a four-year term, assuming the roles of commander-in-chief of the U.S. military, judge appointer, and potential veto on Congress' legislation. Following election, the president would create their cabinet, a group of officials chosen to manage government departments and advise the president.

The creation of the Judiciary Act of 1789 was another result of the executive department's division into four. This act established the Supreme Court, thirteen district courts, and three circuit courts. By granting the Supreme Court the authority to review state legislation and court rulings, the act ensured that laws and civil liberties were safeguarded constitutionally. The ultimate goal was to establish a government that represents and serves the people.

Only 10 out of the 200 suggestions submitted to Congress to safeguard American citizen rights were selected, and these became the inaugural ten amendments famously referred to as the Bill Of Rights. The Articles of Confederation played a significant role in the United States' history, as it provided a few robust ideas and theories aimed at improving the country. Nevertheless, these concepts were weakly

applied, and it was crucial that lessons were learned from the first government of the Confederation. Suggestions like the Bill of Rights were drawn from the Articles and were built upon by the United States in its subsequent development.

The US has been able to establish a strong government by avoiding mistakes like having a weak central government. Throughout time, they have made necessary changes while abiding by the adage, "united we stand and divided we fall."

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