Malcolm Rivera
The US Constitution has been criticised for its failure to uphold the rights of its citizens, its inability to adapt to modern times, and its inadequate checks and balances on power. Firstly, the Constitution has been criticised for its failure to protect the rights of vulnerable groups, such as the LGBTQ+ community, and for allowing federal laws and regulations that are not within the scope of Article I, Section 8 of the Constitution. Secondly, the Constitution has been criticised for being outdated and ill-suited to modern times, with Congress at the centre of the nation's dysfunction, unable to craft effective policy responses to national challenges. Finally, the Constitution's system of checks and balances has failed to restrain executive power, leading to the rise of authoritarian leaders and the erosion of civil liberties. These failures have resulted in democratic backsliding and a decline in the welfare of US citizens compared to their peers in other countries.
| Characteristics | Values |
|---|---|
| Congress has little authority | Lack of power to regulate trade, conduct foreign policy, or raise funds |
| Ineffective policymaking | Polarization, special interests, and local jurisdictions take precedence |
| Outdated structure | Two-party system, lack of accountability, and inability to adapt to modern times |
| Lack of respect and support | States anxious to maintain their power |
| Weak central government | No executive official or judicial branch |
| Inability to enforce power | States conducted their own foreign policies and had separate money systems |
| Unclear limitations | Vague and open to interpretation, particularly regarding presidential power |
| Failure to protect civil liberties | Vulnerable individuals fear speaking out and face punishment for political speech |
| Inability to act | Lack of attendance and compliance from states |
| Ineffective response to crises | Inability to put down internal rebellions and economic crises |
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What You'll Learn
- Congress' inability to raise funds, regulate trade or conduct foreign policy
- Lack of an executive official or judicial branch
- States' independent foreign policies and separate money systems
- Congress' inability to craft effective policy responses
- States' power to interpret and implement national legislation
Congress' inability to raise funds, regulate trade or conduct foreign policy
Congress has long been criticised for its inability to raise funds, regulate trade, or conduct foreign policy. Under the Articles of Confederation, Congress lacked the authority to regulate commerce, rendering it unable to protect or standardise trade between foreign nations and the various states. This meant that the federal Congress was unable to enter into credible trade agreements with foreign powers to open markets for American goods, in part by threatening to restrict foreign access to the American market. The result was a nationwide economic downturn, which was blamed on the ruinous policies enacted by democratically elected legislatures.
Congress's inability to raise funds was also a significant issue. By the end of the war, the new nation had incurred a large debt. Congress proposed several methods for the states to raise revenue to pay off the national debt, but the states rarely complied with these suggestions. This financial crisis threatened the Union with bankruptcy, yet Congress was powerless to act without the states' agreement.
Congress's weakness under the Articles of Confederation meant that it commanded little respect and no support from state governments anxious to maintain their power. Congress recognised the need to improve the government and tried to strengthen the Articles, but issues persisted. For example, in November 1783, American diplomats sent Congress the final version of the Treaty of Paris, which formally ended America's war with Great Britain. However, Congress was unable to ratify the treaty due to a lack of attendance, highlighting its inability to conduct foreign policy effectively.
The issue of congressional power over commerce was addressed by delegate James Monroe, who stressed the need for increased congressional power. A committee was appointed to investigate, and it recommended amending the Articles of Confederation to grant Congress power over commerce. However, few states responded to this proposal, possibly due to fears of granting too much power to Congress. This inability of Congress to effectively regulate trade and conduct foreign policy has been a persistent issue, contributing to the nation's modern-day political dysfunction.
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Lack of an executive official or judicial branch
One of the major criticisms of the US Constitution is the lack of an executive official or a judicial branch. This absence has led to several issues, including:
Weak Central Government
The absence of a strong executive official or a unified judicial system contributed to a weak central government. The Articles of Confederation established "the United States of America" as a union to defend the states, but it lacked the authority and powers to effectively govern. The central government was reliant on the voluntary agreement and compliance of the states to raise funds, regulate trade, or conduct foreign policy. This often led to delays and inaction, as states focused on their own interests rather than the nation's legislative needs.
Inability to Enforce Policies
The lack of an executive branch made it difficult for the central government to enforce policies and maintain control. For example, during a tax protest by Massachusetts farmers in 1786-1787, the central government couldn't suppress the rebellion and had to rely on a state militia. Similarly, the Confederation government struggled with Revolutionary War-era debts and lacked the power to tax or regulate trade effectively, leading to an economic crisis.
Ineffective Policy Responses
The absence of a strong executive or judicial branch has contributed to Congress's inability to craft effective policy responses to the nation's problems. Congress is often immobilized and incapable of taking decisive action due to polarization and the pursuit of special interests. The structure of the government, with legislators tied to their local jurisdictions, hinders its ability to address national issues in the best interest of the country.
State Independence
The lack of an executive official or a unified judicial system allowed states to operate with significant independence from the central government. States conducted their own foreign policies, had their own monetary systems, and made decisions that were not always in the nation's best interests. This led to inconsistencies in laws, policies, and access to rights across different states, impacting areas such as reproductive healthcare and voting rights.
Need for Reform
The shortcomings of the Constitution's structure, including the lack of an executive or judicial branch, have led to calls for reform. Some have suggested adopting a parliamentary system, similar to other democracies, which could provide more accountability to voters and allow for a more effective governing process.
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States' independent foreign policies and separate money systems
The US Constitution is a powerful document that outlines the rights and responsibilities of the government and the people. However, it has been argued that the Constitution has not always been effectively adhered to, and there are instances where states have failed to follow it. One of the ways this has occurred is through states' independent foreign policies and attempts at separate money systems.
Under the Articles of Confederation, Congress lacked the authority to regulate commerce and was unable to standardise trade between foreign nations and the states. This meant that states often had their own independent foreign policies and could not be forced to comply with Congress's requests. For example, in 1784, Congress asked the states to grant it limited power over commerce for 15 years, but many states did not agree. This highlights how states were pursuing their own interests rather than working together nationally.
The Constitution states that no state shall "enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts". Despite this, some states have attempted to create their own money systems, which is a clear violation of the Constitution.
Additionally, the responsibility for conducting foreign relations rests exclusively with the federal government. For example, in the case of United States v. California in 1947, the federal government asserted its rights over the marginal belt along the California coast, as it was vital for international commerce and peace. However, states have sometimes overstepped their boundaries in foreign policy matters. For instance, in Holmes v. Jennison in 1840, it was ruled that a state did not have the power to hand over a fugitive to a foreign state.
The weaknesses in the Articles of Confederation, coupled with states' independent actions in foreign policy and attempts at separate money systems, demonstrate a failure to follow the Constitution. This has led to issues in standardising trade and conducting effective foreign relations, impacting the nation's ability to function cohesively.
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Congress' inability to craft effective policy responses
Congress's inability to craft effective policy responses is a well-documented issue. The institution is designed to be ineffective at policymaking, with legislators tied to their local jurisdictions and responsive to special interests. This results in parochial legislators promoting their political welfare through special-interest politics rather than solving national problems in the national interest.
Congress has historically lacked the authority to regulate commerce, protect or standardize trade, or conduct foreign policy without the voluntary agreement of the states. For example, in 1784, Congress requested limited power over commerce for 15 years, but many states did not comply. This lack of authority has persisted, with Congress unable to pass effective legislation due to polarization and partisanship.
The polarization and partisanship in Congress have been exacerbated by the expansion of presidential power. Congress has often delegated authority to the executive branch, only to find it challenging to regain that power due to polarization. This has resulted in a reliance on the federal courts to enforce the legislature's demands for information and testimony, further hindering Congress's ability to craft effective policy responses.
Additionally, Congress's approach to processing information has changed, with committees receiving more one-sided information and spending less time learning about possible solutions to policy problems. The reduction in committee staff levels, such as the cuts made by Republicans in the mid-1990s, has also impacted Congress's capacity to address issues and oversee the executive branch effectively.
Overall, Congress's inability to craft effective policy responses is a significant issue that is deeply rooted in the institution's design and has been further complicated by broader changes in the American political landscape.
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States' power to interpret and implement national legislation
The US Constitution is the nation's fundamental law, and courts are responsible for interpreting its meaning and the meaning of laws passed by Congress. However, the Constitution has been criticised as outdated and ill-suited to modern times, with Congress at the centre of the nation's dysfunction.
Historically, Congress has struggled with a lack of authority and respect, particularly under the Articles of Confederation, where it lacked the power to regulate commerce, raise funds, or conduct foreign policy without the voluntary agreement of the states. This dynamic has resulted in states interpreting and implementing national legislation in their own interests, often refusing to comply with Congress's suggestions or requests. For example, in 1784, Congress asked the states to grant it limited power over commerce for 15 years, but many states did not comply. Similarly, Congress proposed ways for states to raise revenue towards the national debt, but the states rarely complied.
The weakness of Congress has been attributed to its structure, which prioritises local interests over national ones, and enables legislators to promote their political welfare through special-interest politics. As a result, Congress has often been ineffective in crafting policy responses to the nation's problems, with legislation frequently influenced by polarisation and special interests.
The interpretation and implementation of national legislation by individual states have thus been influenced by the relative weakness of Congress and the prioritisation of local interests, contributing to a failure to follow the Constitution as intended.
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