Isabella Carter
The Articles of Confederation, written in 1777, was the first constitution of the United States. However, it had several weaknesses, including the lack of a centralized authority to regulate commerce, conduct foreign policy, or raise funds through taxation. The US Constitution, adopted in 1789, addressed these issues by establishing three branches of government: the executive, legislative, and judicial, with the federal government empowered to regulate interstate commerce and taxation. This separation of powers ensured that authority was not concentrated in a single branch, thereby enhancing the functionality and stability of the nation.
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What You'll Learn
The Constitution's separation of powers
The Constitution of the United States was adopted in 1787, just ten years after the Articles of Confederation, which was the first governing document of the newly independent nation. The Articles of Confederation created a weak central government in which the states retained most of the power, leaving the central government ineffective and unable to address national issues. The Constitution, on the other hand, established a federal government with three separate branches—the executive, legislative, and judicial—each with its own powers and duties. This separation of powers is one of the most well-known features of the US Constitution and was designed to prevent tyranny and protect individual liberty.
Under the Articles of Confederation, the central government lacked the authority to regulate commerce, conduct foreign policy, or raise taxes. The states had little incentive to comply with Congress's requests for funds, and the government was unable to address internal rebellions or pay off national debts. Recognizing the need for a stronger central government, the Framers of the Constitution divided the powers of the federal government among the three branches, with each branch serving as a check on the others.
The legislative power of the federal government is vested in Congress, which consists of the Senate and the House of Representatives. The executive power is vested in the President, who becomes the Commander-in-Chief of the armed forces and has the power to make treaties, appointments, and ensure the execution of laws made by Congress. The judicial power is vested in the Supreme Court and any lower courts created by Congress.
The separation of powers allows each branch of government to perform its tasks efficiently and effectively while also providing a system of checks and balances. The Framers intended to create a strong national government that could govern the country effectively, but they also wanted to prevent any one branch from becoming too powerful. To achieve this, they incorporated various limits on the federal government's powers, such as the nondelegation doctrine, which prohibits Congress from delegating its lawmaking responsibilities to another agency.
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The Articles' lack of taxation power
The Articles of Confederation, the first constitution of the new nation, created a government in which the states retained most of the power. This left the central government weak, without essential powers like the ability to control foreign policy or levy taxes.
The Articles of Confederation stated that the "common treasury [...] shall be supplied by the several States, in proportion to the value of all land within each State". However, it did not authorise the Continental Congress to impose sanctions on states that failed to comply. The central government had no power to enforce tax collection from the states, and states frequently ignored or amended congressional requisitions. As a result, the government raised very little revenue, and the nation faced serious financial problems and national security concerns.
The Articles were written when rhetoric such as "taxation without representation" was prevalent. However, Americans soon learned that ""taxation with representation" was indispensable. The Constitution, therefore, gave Congress the power to lay and collect taxes. This increased the power of the federal government, enabling it to raise and support the military, pay Congress, and fund other functions.
The Taxing Clause, in the initial clause of Article I, Section 8, solved the collective action failure of the states under the Articles of Confederation. It allowed the government to address the national debt and fund its operations.
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The Articles' lack of regulation of commerce
The Articles of Confederation, the first constitution of the United States, established a ""league of friendship"" among the 13 independent states. Each state retained significant power, including the ability to regulate commerce and taxation. This meant that the central government had little authority to regulate trade and commerce between the states and with foreign nations.
Under the Articles, Congress lacked the power to regulate commerce, which made it challenging to protect and standardize trade. This was a significant issue, as the states often had different interests and priorities, leading to a lack of uniformity in trade policies. In 1784, Congress requested that the states grant it limited power over commerce for 15 years, but many states did not comply. This highlighted the ineffectiveness of the Articles in addressing national commerce and trade issues.
The lack of centralized control over commerce and trade led to economic disparities and hindered the country's ability to develop a strong, unified economy. Each state had its own currency, and there was no standardized system of weights and measures, making interstate trade complex and cumbersome. The inability to regulate commerce also impacted foreign trade, as the central government could not effectively negotiate and enforce trade agreements with other nations.
In contrast, the Constitution, adopted in 1787, established a stronger central government with the power to regulate commerce and trade. The Commerce Clause, Article 1, Section 8, Clause 3 of the Constitution, grants Congress the authority "to regulate commerce with foreign nations, among states, and with the Indian tribes." This allowed for the standardization of trade policies, the creation of a uniform system of weights and measures, and the establishment of a national currency.
The Constitution's grant of regulatory power to Congress ensured that the federal government could effectively manage interstate and foreign commerce, promoting economic growth and stability. It also enabled the federal government to address issues such as taxation, tariffs, and the protection of domestic industries, ensuring a level playing field for all states and providing a framework for economic development.
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The Constitution's representation of the people
The Constitution of the United States was adopted in 1787, ten years after the Articles of Confederation, to address the shortcomings of the latter. The Articles of Confederation created a government in which the states retained most of the power, leaving the central government weak and ineffective. The Constitution, on the other hand, established a federal government with three branches: the executive, legislative, and judicial. This separation of powers ensured that power would not be concentrated in a single branch.
The Constitution also granted Congress the power to regulate commerce and levy taxes, addressing the issues faced under the Articles of Confederation, where the central government lacked the authority to regulate trade and had to rely on the states for funding. The new system allowed Congress to control interstate commerce and gave it the power to tax individuals, increasing the federal government's power and ability to carry out its functions effectively.
The Constitution further outlined the roles and responsibilities of the legislative branch, including the compensation and privileges of senators and representatives. It also established the rules and procedures for the legislative process, such as the quorum required to do business and the power to expel members. Additionally, it emphasized the importance of a well-regulated militia and guaranteed the right of the people to keep and bear arms.
In summary, the Constitution's representation of the people was a significant improvement over the Articles of Confederation. It established a system of checks and balances with a separation of powers, ensuring that the interests of the states and the people were represented in the federal government. The Constitution empowered Congress to effectively govern and address the needs of the nation, correcting the weaknesses of the previous governing document.
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The Articles' lack of foreign policy control
The Articles of Confederation, which was the United States' first attempt at a national government, had several weaknesses that made it inadequate for governing the country. One of its most significant shortcomings was its lack of control over foreign policy, which left the new nation vulnerable to external threats and diplomatic marginalization.
The Articles established a weak central government, which meant that individual states often conducted their own foreign diplomacy. This lack of a unified foreign policy made it difficult for the US to address economic pressures and navigate alliances and conflicts with European powers effectively. For example, the Articles did not allow Congress to regulate trade or commerce with foreign nations, which led to economic imbalances and regional tensions. The British restricted US trade with the British West Indies and flooded American markets with their goods, but the Confederation government was unable to respond effectively due to its limited authority.
The Articles also prevented Congress from raising funds or enforcing treaties, further hindering its ability to conduct foreign policy. For instance, the national government could not enforce provisions of the 1783 Treaty of Paris, which allowed British creditors to sue American debtors for pre-Revolutionary debts. As a result, British forces continued to occupy forts in the Great Lakes region, and the US-French alliance was strained due to the government's inability to repay wartime loans.
The lack of foreign policy control under the Articles of Confederation convinced national leaders of the need for a stronger central government. This played a crucial role in the movement towards the Constitutional Convention of 1787, which produced a new framework for governance in the form of the US Constitution.
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Frequently asked questions
The Constitution created three branches of government: the executive, legislative, and judicial. The Articles of Confederation did not have an executive or judicial branch, and the legislative body was a single body appointed by the state legislatures.
The Constitution gave the federal government more power over money and taxes. It allowed Congress to control interstate commerce and barred states from creating their own currency. It also gave Congress the power to tax individuals, which was not possible under the Articles of Confederation.
The Articles of Confederation created a weak central government with limited authority. The Constitution strengthened the federal government by granting it more powers, such as the ability to regulate commerce and tax individuals. This allowed the federal government to raise funds and support its functions.
Under the Articles of Confederation, each state had a single vote in Congress, regardless of its population. The Constitution created a bicameral legislature: the House of Representatives, elected by popular vote, and the Senate, appointed by the state legislature. Each member of the new Congress was granted a vote, improving representation and giving smaller states a voice.
