Confederation Vs Constitution: What's The Difference?

The Articles of Confederation and the US Constitution are two of the most significant documents in American history, representing critical turning points in the development of the US federal system. While both documents aimed to establish a framework for governing the new nation, they differed significantly in their approach to federal power, state sovereignty, and democratic principles. This essay will explore the key differences between these documents and analyse how they shaped the evolution of American governance.

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The Articles of Confederation created a weak central government

The Articles of Confederation, the first constitution of the new nation, created a weak central government. It established a unicameral legislature, consisting of only one house, and the colonies, now states, retained most of the power. The central government had little authority, lacking essential powers such as the ability to control foreign policy, regulate commerce, tax, or enforce its rules.

The Articles of Confederation were ratified by the states between 1777 and 1781, and it established the functions of the national government of the United States after it declared independence from Great Britain. However, the Articles did not provide the national government with sufficient authority to effectively govern. For example, it could not prevent states from pursuing their own independent policies, such as when Georgia had an independent policy regarding Spanish Florida, threatening war if Spanish officials did not curb Indian attacks or refrain from harbouring escaped slaves.

The Articles also did not allow Congress to enforce provisions of the 1783 Treaty of Paris, which allowed British creditors to sue debtors for pre-Revolutionary debts. This led to the continued occupation of forts in the Great Lakes region by British forces. Additionally, the central government lacked the funds and military power to address internal rebellions, such as Shays' Rebellion in Massachusetts, where residents rebelled due to high taxes and wartime debt.

The weaknesses of the central government under the Articles of Confederation convinced national leaders of the need for a more powerful central government. This led to the Constitutional Convention in Philadelphia in 1787, where delegates from 12 states replaced the Articles of Confederation with a new form of government, enshrined in the Constitution. The Constitution created a federal system with a national government composed of three separate branches: the executive, legislative, and judicial. This separation of powers ensured that power would not be concentrated in a single branch.

The US Constitution created a powerful central government

The US Constitution, ratified in 1787, created a powerful central government, a significant shift from the Articles of Confederation that came before it. The Articles of Confederation, adopted in 1777, established a weak central government, with the colonies-turned-states retaining most of the power. This left the central government without essential powers, such as the ability to control foreign policy, regulate commerce, or tax.

The US Constitution, on the other hand, established a federal system with a national government composed of 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 certain powers to the national government, including the power to regulate commerce and tax, addressing the shortcomings of the Articles of Confederation.

The creation of a powerful central government was a contentious issue. The Federalists believed that a strong central government was necessary to address the nation's challenges. However, the Anti-Federalists opposed the Constitution, arguing that it created a central government that was too powerful and reminiscent of the one they had recently overthrown during the Revolutionary War. They also criticised the lack of a bill of rights in the Constitution.

Despite the opposition, the Constitution was ratified, and the powerful central government it established has endured. The founders bypassed state legislatures during the ratification process, recognising that their members would be reluctant to cede power to a national government. Instead, they called for special ratifying conventions in each state, and ratification by 9 of the 13 states brought the new government into being.

The US Constitution's creation of a powerful central government was a significant departure from the weak central government of the Articles of Confederation. This shift addressed the challenges faced by the young nation and has contributed to the Constitution's enduring legacy as one of the longest-lived and most emulated constitutions worldwide.

The Articles of Confederation did not establish an executive or judicial branch

The Articles of Confederation, created in 1777, was the first constitution of the new nation. It established a government in which the colonies, now states, retained most of the power. The central government was weak and lacked essential powers, such as the ability to control foreign policy or levy taxes. The Articles of Confederation did not establish an executive or judicial branch, instead leaving the legislative body as a single entity appointed by the state legislatures.

The absence of an executive branch in the Articles of Confederation meant there was no centralised leadership or authority figure to execute the laws and govern effectively. This led to challenges in addressing internal rebellions, as the federal government lacked the funds and military power to respond. The lack of a judicial branch also created a void in the interpretation and enforcement of laws, potentially leading to inconsistencies in the administration of justice across the states.

The legislative body under the Articles of Confederation was unicameral, with limited powers. It consisted of a single house, where each state was granted a singular vote. This differed from the bicameral legislature established by the Constitution, which included the House of Representatives and the Senate.

The lack of executive and judicial branches in the Articles of Confederation contributed to the perception of a weak central government. This prompted concerns among the Founders, including George Washington and James Madison, who recognised the inadequacies of the government established by the Articles. As a result, the Constitutional Convention met in Philadelphia in 1787 to address these shortcomings and create a stronger federal government.

The Constitution, adopted in 1789, established three separate branches of government: the executive, legislative, and judicial. This separation of powers ensured that no single branch held concentrated authority. The executive branch, led by the President, provided centralised leadership and execution of laws. The legislative branch, consisting of the House of Representatives and the Senate, held the power to create and amend laws. The judicial branch, including courts, was responsible for interpreting and enforcing the laws, ensuring uniform justice across the nation.

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The US Constitution created a bicameral legislature

The Articles of Confederation, adopted in 1777, was the first constitution of the new American nation. The Articles created a government in which the states retained most of the power, leaving the central government weak. The legislature was unicameral, with no power to regulate commerce or levy taxes. Amendments required unanimous approval from all states, making change difficult.

The shortcomings of the Articles of Confederation became apparent in 1786 when the federal government was unable to address an internal rebellion due to a lack of funds and military power. This prompted a meeting of the Constitutional Convention in 1787 to address these issues and create a new form of government.

The US Constitution, adopted in 1787, established a bicameral legislature as part of a system of checks and balances. This legislature consists of two chambers: the House of Representatives, elected by popular vote, and the Senate, appointed by the states. The lawmaking process can be initiated in either house.

The creation of a bicameral legislature was influenced by historical models, including ancient republics and the Parliament of Great Britain, which had two-house legislatures. The Founders believed that a two-chambered legislature would provide an additional layer of checks and balances within Congress, preventing the concentration of power in a single body.

The advantages of a bicameral legislature were articulated by James Iredell and William R. Davie at the North Carolina Ratifying Convention in 1788. They argued that separating the legislative body into two branches would provide a balance and check on power, ensuring steadiness and wisdom in decision-making.

The Articles of Confederation lacked enforcement powers

The Articles of Confederation, the first constitution of the new nation, was adopted by the Continental Congress in 1777. It established a government in which the states retained most of the power, leaving the central government weak and with little authority. The Articles of Confederation lacked enforcement powers, which led to several issues and ultimately, its replacement by the Constitution in 1787.

One of the primary issues with the Articles of Confederation was the lack of power to regulate commerce and trade. Congress lacked the authority to regulate foreign or interstate commerce, which made it unable to protect or standardize trade between foreign nations and the various states. This also led to disputes between states with common interests in the navigation of certain rivers and bays. Additionally, Congress could not levy taxes, collect customs, or raise funds, as it had no power of taxation. While it could request states to contribute to the common treasury, the requested amounts were often not forthcoming.

The Articles of Confederation also lacked the power to enforce attendance, which led to difficulties in ratifying treaties. For example, the Treaty of Paris, which ended hostilities with Great Britain, languished in Congress for several months as too few delegates were present to constitute a quorum for ratification. Congress also lacked the authority to secure obedience to the stipulations of ratified treaties. Furthermore, the central government had no control over foreign policy and was unable to address internal rebellions as it did not have the necessary funds or military power.

The weaknesses in the Articles of Confederation became apparent over time, and many statesmen and founders, including George Washington and James Madison, became concerned about the inadequacy of the government it established. In 1786, a group of western Massachusetts residents, led by former Continental Army Captain Daniel Shay, rebelled due to high taxes and wartime debt, highlighting the federal government's lack of power. These issues ultimately led to the meeting of the Constitutional Convention in 1787, which resulted in the creation of a new form of government with three separate branches: the executive, legislative, and judicial.

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