Jonah Patel
America's first constitution, the Articles of Confederation, was formed in 1777 and gave the Confederation Congress the power to make rules and request funds from the states. However, it had no enforcement powers, couldn't regulate commerce, and lacked the ability to print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. To address these flaws, a Constitutional Convention was held in 1787, leading to the Great Compromise and the creation of a two-house national legislature with a stronger central government. The Constitution, signed by 38 delegates on September 17, 1787, established a powerful central government, bypassed state legislatures, and set terms for ratification by special conventions in each state.
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What You'll Learn
Creating a strong executive officer
The Articles of Confederation, America's first constitution, was established in 1781 as a "league of friendship" and a constitution for the 13 sovereign and independent states after the Revolution. However, it had many weaknesses and was inadequate in governing the United States effectively. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the power to tax. It also had no coercive power and no national court system to interpret laws. Each state was allowed only one vote, regardless of its population size.
To address these flaws, the Constitution attempted to create a strong executive officer by establishing a powerful central government. The delegates who crafted the Constitution, wary of centralized power but loyal to their states, created a government that balanced power between the state and national governments. They bypassed the state legislatures and called for special ratifying conventions in each state, requiring ratification by 9 of the 13 states to enact the new government.
The Constitution provided the central government with the necessary powers to address the weaknesses of the Articles of Confederation. It gave the government the authority to regulate commerce, print money, and tax. It also established a strong executive officer, likely referring to the President of the United States, who would have the power to enforce the laws and ensure the country's stability and prosperity.
By creating a strong executive officer and a powerful central government, the Constitution aimed to correct the flaws of the Articles of Confederation and provide a more effective and efficient system of governance for the United States. This new government would have the authority and power to make decisions, enforce laws, and address the challenges facing the nation, ultimately preventing the country from collapsing and ensuring its long-term survival.
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Dividing power between state and national governments
The US Constitution divides power between state and national governments through federalism, which apportions power between two levels: national and subnational. The national government is responsible for national matters, while the subnational, or state governments, are responsible for matters within their respective regions.
The national government is led by the president and members of Congress, who are elected by voters across the country. The subnational level is comprised of the fifty states, each headed by an elected governor and legislature.
The US Constitution establishes a federalist system with a more balanced division of powers between the federal and state governments. The Constitution grants the federal government powers to make and enforce naturalization rules, regulate foreign commerce, and declare war on foreign nations. It also gives the federal government certain implied powers, such as regulating immigration.
On the other hand, state governments retain powers that are not explicitly granted to the federal government or disallowed by the Constitution. These reserved powers include administering education, healthcare, public safety, and other public services.
The Tenth Amendment further clarifies the division of powers by stating that any powers not delegated to the federal government are reserved for the states. This amendment ensures that the federal government's powers are limited to those specifically outlined in the Constitution.
Throughout US history, the federal and state governments have struggled over power, and the balance of power has shifted back and forth between them. Key Supreme Court decisions, such as McCulloch v. Maryland, have played a significant role in defining and expanding federal authority.
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Granting power to tax
The Articles of Confederation, created by the Continental Congress to govern the United States, were unpopular due to several weaknesses. One of these weaknesses was the lack of power to tax. The Constitution attempted to correct this flaw by granting the federal government the power of taxation, also known as the Taxing and Spending Clause, in Article I, Section 8, Clause 1.
This clause authorises Congress to "lay and collect Taxes, Duties, Imposts and Excises" to fulfil two primary purposes: paying off debts and providing for the common defence and general welfare of the United States. The power to tax is subject to a few exceptions and qualifications. For instance, articles exported from any state are exempt from taxation, and direct taxes must be levied by the rule of apportionment, while indirect taxes must follow the rule of uniformity.
The interpretation of the Taxing Clause, particularly the General Welfare Clause within it, has been a subject of debate. James Madison, in Federalist 41, argued for a narrow interpretation, asserting that spending must be linked to other enumerated powers. On the other hand, Alexander Hamilton, in Federalist 34 and his 1791 Report on Manufactures, advocated for a broader view, considering spending as an enumerated power of Congress. The Supreme Court sided with Hamilton in United States v. Butler (1936), establishing that Congress can utilise the Taxing Clause independently.
The reach of taxing power limitations remains a complex issue, with ongoing discussions about direct and indirect taxes and their respective requirements of apportionment and uniformity. The Supreme Court has also played a role in shaping the understanding of taxing powers, such as in Collector v. Day (1871) and Brushaber v. Union Pacific Railroad (1916), impacting the relationship between federal and state taxing authorities.
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Establishing a national court system
The Articles of Confederation, created by the Continental Congress in 1783, was a set of laws that governed the United States. However, it had several weaknesses, including the absence of a national court system to interpret laws. The Constitution aimed to address this flaw by establishing a national judiciary, which was considered one of the most important tasks by the founders of the new nation.
The U.S. Constitution, specifically Article III, established the Supreme Court as the highest court in the country. It also authorized Congress to create a system of lower courts. The Judiciary Act of 1789 was one of the first acts of the new Congress, signed by President Washington on September 24, 1789. This act established a Federal court system, with the Supreme Court at the top.
The Federal court system included 13 appellate courts or U.S. courts of appeals, which determine whether the law was correctly applied in the lower courts. Below the appellate courts are the 94 district or trial courts, known as U.S. district courts. These courts resolve disputes by determining the facts and applying the law to those facts. Additionally, there are 90 U.S. bankruptcy courts to assist individuals and businesses facing financial difficulties.
The Judiciary Act of 1789 also addressed the jurisdiction of the Federal courts. Congress established limited jurisdiction for the district and circuit courts, while granting the Supreme Court original jurisdiction as outlined in the Constitution. The act also gave the Supreme Court appellate jurisdiction in cases from Federal circuit courts and state courts where Federal claims were rejected. This act has formed the basis of the Federal court system that remains in place today, with minor adjustments, demonstrating the successful establishment of a national court system.
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Creating a powerful central government
The Articles of Confederation, America's first constitution, was established in 1781 as a "league of friendship" and a constitution for the 13 sovereign and independent states after the Revolution. However, it had many weaknesses and was inadequate in governing the United States effectively. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the power to tax. It had no coercive power and no national court system to interpret laws. Each state had only one vote, regardless of its population.
Recognizing these flaws, James Madison, Alexander Hamilton, and George Washington, among others, sought to create a more powerful central government through the Constitution. The Constitutional Convention of 1787, which Washington presided over, aimed to revise the Articles of Confederation and address these issues. The delegates crafted a completely new form of government, creating a strong central government while also dividing power between the state and national governments.
The new Constitution gave the central government the power to regulate commerce, tax, and support the war effort. It provided enforcement powers and a national court system to interpret laws. The Constitution also addressed the issue of representation by giving states votes proportional to their population. These changes ensured a more unified and efficient government, capable of addressing the nation's challenges.
The Federalists strongly advocated for a strong central government, arguing it was necessary to face the country's difficulties. However, the Anti-Federalists opposed the idea, concerned about centralized power and reminding them of the monarchy they had overthrown. Despite this opposition, the Constitution was ratified by 9 of the 13 states, establishing a powerful central government and laying the foundation for the enduring American constitutional system.
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Frequently asked questions
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money.
The Constitution attempted to correct the flaws of the Articles of Confederation by dividing power between the state and national governments, creating a strong executive officer, and leading to the Great Compromise.
The Great Compromise was a plan, known as the Virginia Plan, which consisted of creating a two-house national legislature.
