Eleanor Finch
The US Constitution has been amended several times since its inception to rectify problems and ensure equality and opportunity for all. The first constitution, the Articles of Confederation, was ineffective due to a lack of centralized power, inability to regulate commerce, and conflicting state interests. Amendments addressed these issues, granting Congress explicit powers to raise taxes, make laws, and regulate trade. The Constitution also established a balance of power between state and federal governments, ensuring neither could overpower the other. The “Three-Fifths Compromise” addressed slavery, influencing congressional representation. The 13th, 14th, and 15th Amendments abolished slavery, ensured due process, and guaranteed voting rights for Black men. The Constitution remains a flexible framework, adaptable to societal changes and challenges.
| Characteristics | Values |
|---|---|
| States' disputes | Territory, war pensions, taxation, trade |
| No enforcement powers | No power to regulate commerce, print money, or collect taxes |
| No common currency | States had their own money systems |
| No ability to settle debts | Couldn't help settle Revolutionary War-era debts |
| Lack of respect and support for Congress | States didn't comply with Congress' suggestions |
| Federal government's inability to function effectively | No unified national judiciary |
| Lack of centralized power | States had more power than the federal government |
| Abuse of power | Separation of powers and checks and balances |
| Electoral College | Method of selecting the president |
| Slavery | Three-Fifths Compromise |
| Free flow of commerce | Competition between states, lack of standardization |
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What You'll Learn
- The US Constitution rectified the issue of states having more power than the federal government
- It gave Congress the power to raise taxes
- It created a limited government, separation of powers, and checks and balances
- It established the Electoral College as the method of selecting the president
- It banned the importation of enslaved people after 20 years
The US Constitution rectified the issue of states having more power than the federal government
The new US Constitution provided the national government with powers that it lacked under the Articles of Confederation, such as the power to regulate commerce and the power to tax. The Constitution also ensured that the national government would be able to act on behalf of the citizenry directly without going through the state legislatures.
The Tenth Amendment to the Constitution reinforces the idea that powers not specifically granted to the federal government are reserved for the states. This amendment gives states the power to regulate public welfare and morality and make laws that are necessary and proper for carrying out their delegated powers. However, the federal government has the authority to regulate commercial activities within states and can regulate activities that have a significant effect on interstate commerce.
The US Constitution, with its checks and balances, aimed to create a balance between the power of the states and the federal government, ensuring that neither one held too much power over the other.
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It gave Congress the power to raise taxes
America's first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states. However, it lacked enforcement powers, the ability to regulate commerce, and the power to print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The Constitution of 1787 aimed to address these issues by creating a powerful central government with the authority to regulate trade and raise taxes. Article I, Section 8, Clause 1 of the Constitution, known as the Taxing Clause, provides Congress with the power "to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States." This power is subject to specific exceptions and qualifications, such as the rule of uniformity, which states that all "Duties, Imposts, and Excises shall be uniform throughout the United States."
The Framers' principal motivation for granting Congress the power to tax was to provide the National Government with a mechanism to raise regular and adequate revenue to pay its debts. This power was intended to address the economic challenges faced by the United States in the post-Revolutionary War era, including the inability to settle Revolutionary War-era debts and the need to establish a common currency.
The power to tax was not without opposition. One of the arguments against a general taxing power was the potential danger to state governments. However, the Framers believed that the Constitution's federal system would prevent the oppression of one government by another through its taxing power. Additionally, a general taxing power would allow the government to efficiently raise funds in times of war and avoid overtaxing certain subjects.
The Supreme Court has played a significant role in interpreting and upholding Congress's power to tax. In cases such as Flint v. Stone Tracy Co., the Court sustained an act of Congress taxing the privilege of doing business as a corporation, rejecting the argument that it imposed an unconstitutional burden on state powers. The Court has also upheld Congress's power to tax business enterprises carried on by the states, finding no restriction on including states in levying taxes equally from private persons on the same subject matter.
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It created a limited government, separation of powers, and checks and balances
The US Constitution created a limited government, separation of powers, and checks and balances to address the problems of the previous political system.
The first US Constitution, the Articles of Confederation, was extremely limited in its central government. It lasted less than a decade due to issues such as a lack of standard currency, an inability to settle Revolutionary War-era debts, and the states' ability to conduct their own foreign policies. The current US Constitution establishes a central government limited by the document itself through a system of three branches of government: the legislative, executive, and judicial branches. Each branch has defined authority to check the powers of the others and ensure that they are used to secure the freedom and common good of the people.
The separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu, in "The Spirit of the Laws." Montesquieu argued for a constitutional government with three separate branches, each of which would have distinct powers to prevent abuse of power. This philosophy heavily influenced the US Constitution, which separates the legislative, executive, and judicial branches of the US government. The system of checks and balances ensures that no one branch of government has more power than another and cannot be overthrown.
The legislative branch, or Congress, has the sole power to legislate for the United States and cannot delegate its lawmaking responsibilities to any other agency. The executive branch, led by the President, has the power to approve and veto bills, make treaties, and ensure that laws are faithfully executed. The judicial branch, or the courts, have the power to examine the actions of the legislative and executive branches to ensure they are constitutional.
Checks and balances evolved from custom and Constitutional conventions, including the congressional committee system, investigative powers, and the role of political parties. Other examples of checks and balances include the presidential veto of legislation, which can be overridden by a two-thirds vote by Congress, and executive and judicial impeachment by Congress.
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It established the Electoral College as the method of selecting the president
The Founding Fathers established the Electoral College in the US Constitution as a compromise between the election of the President by a vote in Congress and the election of the President by a popular vote of qualified citizens. This system was put in place to ensure careful and calm deliberation in selecting the best-qualified candidate.
The Electoral College is a method of indirect popular election of the President of the United States. Instead of voting for a specific candidate, voters select a panel of individuals pledged to vote for a specific candidate. This is in contrast to a popular election, where votes are cast for an individual candidate. For example, in a general presidential election, voters select electors to represent their vote in the Electoral College, and not for an individual presidential candidate.
Each candidate running for President has their own group of electors, known as a slate. These slates are generally chosen by the candidate's political party, but state laws vary on how electors are selected and what their responsibilities are. Each state has the same number of electors as it does Members in its Congressional delegation: one for each Member in the House of Representatives, plus two Senators. The District of Columbia is allocated three electors and is treated like a state for Electoral College purposes under the 23rd Amendment of the Constitution.
After Election Day, the electors assemble in their state capitals, cast their ballots, and officially select the next President of the United States. Electors are required to vote for the candidate who receives the most votes in their state, and the candidate who wins the state is awarded all of that state's Electoral College votes. However, electors may legally vote for someone other than the candidate they are pledged to, though this rarely happens. The votes of the electors are then sent to Congress, where the President of the Senate opens and counts the votes.
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It banned the importation of enslaved people after 20 years
Article 1, Section 9 of the US Constitution, also known as the Act Prohibiting Importation of Slaves, banned the importation of enslaved people after 20 years, starting from January 1, 1808. This legislation was promoted by President Thomas Jefferson, who called for its enactment in his 1806 State of the Union Address. The Act reflected the growing trend toward abolishing the international slave trade, which had been restricted or prohibited by individual states since the 1770s.
The road to passing this Act was not without its challenges. At the Constitutional Convention in 1787, delegates fiercely debated the issue of slavery. They ultimately agreed that the United States would potentially cease the importation of slaves in 1808, with an Act of Congress in 1800 making it illegal for Americans to engage in the slave trade between nations. This gave US authorities the right to seize slave ships and confiscate their cargo.
The Act Prohibiting Importation of Slaves, which took effect on January 1, 1808, was the earliest date permitted by the US Constitution. It is important to note that while this Act banned the importation of enslaved people, the interstate sale of slaves within the United States remained legal.
The Act was a significant step towards ending the international slave trade, and it demonstrated a commitment by the US government to address the issue of slavery and human rights violations. However, it is just one part of the complex history of slavery in the United States, which would continue to be a contentious issue for many years to come.
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Frequently asked questions
The Articles of Confederation was America's first constitution, which 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 couldn't print money. The states had their own money systems, conducted their own foreign policies, and had more power than the federal government.
The US Constitution divided the powers between state governments and the federal government. It also established the Supremacy Clause, which states that the US Constitution is the supreme law of the land. It gave Congress Enumerated Powers, which are explicitly listed in the Constitution, such as the power to raise taxes.
The "Three-Fifths Compromise" was a central issue at the Constitutional Convention, which provided that 60% of enslaved people in each state would count toward congressional representation, increasing the number of congressional seats in several states, particularly in the South.
The "Great Compromise" addressed the issue of representation in Congress. It allowed for both representation by population and equal representation by state. This was achieved by establishing the House of Representatives, which was apportioned by populations, and the Senate, which represented the states equally.
