Malcolm Rivera
The United States Constitution has been described as both brilliant and flawed. It has been amended several times and improved, but there are still fundamental contradictions in the original text. One of the most significant issues is that the Constitution has failed to provide for a liberal democracy with free and fair elections, individual rights, and limits on the power of the majority and government officials. Other problems include the central government's weakness, the lack of an executive official or judicial branch, and the difficulty of amending the document. The Constitution has also been criticised for its treatment of race and failure to address racial injustice. The COVID-19 pandemic has further highlighted the Constitution's shortcomings, with the government appearing incapable of performing its duties and responding effectively to national crises.
| Characteristics | Values |
|---|---|
| Weak central government | Lacked executive official or judicial branch |
| Lack of congressional authority | No power to regulate trade or conduct foreign policy |
| Lack of congressional representation | Large and small states fought over representation |
| High supermajority required to pass laws | Needed 9 out of 13 states to pass any laws |
| Difficult to amend | Unanimous consent required for any amendment |
| Lack of standard currency | States had their own money systems |
| Preservation of slavery | Three-Fifths Compromise increased congressional seats for states with enslaved people |
| Political polarization | The executive branch has become too powerful and unaccountable |
| Inequality | Excluded women, non-white people, indigenous people, and non-property owners |
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What You'll Learn
The central government was weak and lacked authority
The Articles of Confederation, the first American constitution, established a central government with very limited powers. The Articles formed a war-time confederation of states, but it provided few central powers beyond that. The central government was deliberately designed to be weak, with no executive official or judicial branch.
The Articles Congress had only one chamber, and each state had one vote. This reinforced the power of the states to operate independently from the central government, even when that wasn’t in the nation’s best interests. Congress needed nine out of thirteen states to pass any laws, making it very difficult to pass any legislation that would affect all thirteen states.
The central government lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states. It also couldn't collect taxes to fund its operations. The Confederation relied on the voluntary efforts of the states to send tax money to the central government. Lacking funds, the government couldn’t maintain an effective military or back its own currency.
The states also conducted their own foreign policies, as the central government lacked the power to enforce its authority. The states had their own money systems, which made trade between states and other countries extremely difficult. The central government's lack of authority was highlighted during Shays' Rebellion, a tax protest by western Massachusetts farmers in 1786 and 1787. The government couldn't put down the rebellion and had to rely on a state militia sponsored by private Boston business people.
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Congress had little power over commerce and trade
In 1784, Congress requested that the states grant it limited power over commerce for 15 years, but many states did not comply. In 1785, delegate James Monroe stressed the need for increased congressional power over commerce. Congress appointed a committee, chaired by Monroe, to investigate the problem. The committee recommended amending the Articles of Confederation to grant Congress power over commerce, but few states responded to the proposed amendment.
The lack of congressional power over commerce and trade had several negative consequences. It prevented the federal government from entering into credible trade agreements with foreign powers, leading to a nationwide economic downturn. It also made it difficult to raise funds to maintain an effective military or back its own currency. Additionally, the central government was unable to collect taxes from the states to fund its operations.
The weaknesses of the Articles of Confederation led to the Constitutional Convention of 1787, which effectively ended the era of the Articles of Confederation. The Commerce Clause in the new Constitution granted Congress the power to regulate commerce, although the interpretation of this clause has been the subject of long and intense political controversy.
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The document was hard to amend
The United States Constitution has been amended several times since its inception, and while it has improved over time, it was initially challenging to make any changes to the document. The Articles of Confederation, which served as the first American constitution, required unanimous consent from all 13 states for any amendments to be made. This proved challenging, as states often had competing interests and rivalries, making it difficult to reach a consensus.
The Articles of Confederation established a weak central government with limited powers. It lacked an executive official or a judicial branch, and each state had equal representation in the single-chamber Congress. This dynamic reinforced the power of individual states to act independently, even when it was not in the nation's best interests. The central government lacked the authority to regulate commerce, collect taxes, or enforce a common currency, making it difficult to protect and standardise trade within the country and with other nations.
The high supermajority requirement of needing 9 out of 13 states to pass any laws further complicated the process of governing. This made it challenging to pass legislation that would impact all states, and the central government struggled to address the needs of the nation effectively. The states' reluctance to grant Congress power over commerce and their non-compliance with requests to raise revenue to pay off the national debt further highlighted the challenges of amending the Articles of Confederation.
The inability to adapt the Articles of Confederation to the changing circumstances after the war with Britain ended in 1783 became increasingly problematic. The central government's weakness was exposed during Shays' Rebellion in 1786 and 1787, when it was unable to put down an internal rebellion without relying on state militia. This event, along with other issues, ultimately led to the Constitutional Convention of 1787, which marked the end of the era of the Articles of Confederation and the creation of a new constitution.
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The government couldn't collect taxes
The United States Constitution has undergone several amendments since its inception, with changes made to address issues and adapt to the nation's evolving needs. One significant challenge faced by the government under the Articles of Confederation, the precursor to the Constitution, was its inability to collect taxes effectively.
The central government under the Articles of Confederation lacked the authority to impose taxes directly on individuals. It relied solely on the states' voluntary contributions to the national treasury to fund its operations. This often resulted in states failing to comply with requests, leaving the central government with insufficient funds. The government was unable to maintain a robust military or support its currency due to this financial constraint.
The lack of a standardized currency system further exacerbated the difficulties in collecting taxes. Each state had its own money, making trade between states and with foreign nations exceedingly challenging. This hindered the government's ability to regulate commerce and protect American trade interests.
The shortcomings in tax collection had a significant impact on the nation's economy. By 1787, the United States found itself in a dire economic situation. The central government's inability to collect taxes effectively also highlighted its weakness and inability to act independently from the states. This prompted concerns among the nation's founders, including George Washington, James Madison, and Alexander Hamilton, who recognized the need for a stronger central government.
To address these issues, the Framers of the Constitution granted Congress the explicit power to "lay and collect Taxes" under the Taxing Clause of Article I, Section 8. This provision ensured that Congress could assess, levy, and collect taxes without relying on state contributions. The Sixteenth Amendment, ratified in 1913, further bolstered this power by authorizing Congress to impose an income tax without basing it on population.
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The constitution preserved slavery
The Constitution of the United States, which came into effect in 1789, preserved slavery in several ways. Firstly, it included the Three-Fifths Compromise, which stated that three-fifths of each state's enslaved population would be considered when apportioning seats in the House of Representatives, allocating taxes among the states, and determining the number of electoral votes. This gave Southern states with large enslaved populations more representation in Congress and more votes in the Electoral College, thus strengthening the institution of slavery.
Additionally, the Constitution included the Fugitive Slave Clause, which stated that enslaved individuals who escaped to another state remained slaves and could be recaptured. This prevented enslaved people from finding refuge in free states and ensured the continuation of slavery as a legal institution. The Constitution also allowed for the international slave trade to continue, as it gave Congress the power to ban the importation of enslaved people after 20 years, but did not immediately prohibit it. This delay allowed the slave trade to persist for two decades before it was formally prohibited in 1808.
The framers of the Constitution were aware of the moral issues surrounding slavery and some, including Benjamin Franklin and Alexander Hamilton, were members of anti-slavery societies. However, they believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They feared that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. By sidestepping the issue, the framers laid the foundation for future conflict over slavery, which eventually led to the Civil War.
It is important to note that the word "slavery" does not explicitly appear in the Constitution, and proposals to eliminate slavery through constitutional amendment, such as those introduced by Representative Arthur Livermore in 1818 and by John Quincy Adams in 1839, failed to gain traction. It was not until the 13th Amendment was passed in 1865, at the end of the Civil War, that slavery was formally abolished in the United States.
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Frequently asked questions
The Constitution has been criticized for being undemocratic and ineffective, with an overpowered Executive branch that verges on "presidential dictatorship." It has also been criticized for its treatment of race and failure to guarantee fundamental rights.
The Articles of Confederation, the first American Constitution, were criticized for creating a weak central government with little power beyond defending the states as a group. It lacked an executive official or judicial branch, and the central government couldn't collect taxes to fund its operations.
The modern-day Constitution has been criticized for its failure to address national challenges and defend democracy. It has also been criticized for its role in political polarization and for not providing adequate limits on power.
Some have argued for a new Constitution altogether, while others suggest building political will to appoint justices committed to upholding human rights and equality. Increasing the number of votes required to win presidential elections and gain control of Congress has also been proposed.
Some argue that it should be easier to amend the Constitution to address societal changes and challenges. However, others caution against acting based on political whim and advocate for broad societal agreement before making any changes.
