Simone Lawson
The US Constitution, the nation's fundamental law, replaced the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The Constitution, on the other hand, established a powerful central government, with the power to regulate commerce, coin money, and enforce laws. It also guaranteed certain individual rights, such as freedom of religion, speech, and the right to keep and bear arms. The Constitution has been amended several times, including the Thirteenth Amendment, which abolished slavery, and the Second Amendment, which protected the right to keep and bear arms. The Constitution also outlines the powers of the judiciary and the legislative branch, with the former having the responsibility to interpret the Constitution and the latter being limited by it.
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What You'll Learn
The Articles of Confederation
The US Constitution replaced the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no power to enforce these rules, regulate commerce, or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. James Madison, Alexander Hamilton, and George Washington feared their country was on the brink of collapse just a few years after the Revolutionary War.
Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787. The delegates closed the windows of the State House and swore secrecy so they could speak freely. The convention's initial mandate was limited to amending the Articles of Confederation, but the delegates ended up drafting a new constitution.
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is the nation's fundamental law and codifies the core values of the American people.
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No enforcement powers
The Articles of Confederation, the first constitution of the United States, were replaced by the United States Constitution, which remains the country's fundamental legal document to this day.
The Articles of Confederation, which the Constitution replaced, had a significant weakness in that they lacked enforcement powers. The central government established by the Articles had limited authority and no means to enforce its laws and decisions. The Articles established a loose confederation of states, with a unicameral legislature (the Congress) where each state had one vote. There was no executive branch and no federal court system, and the central government lacked the power to enforce its laws, impose taxes, or regulate commerce.
The lack of enforcement powers meant that the central government was reliant on the states for compliance and support. The Articles gave the states sovereignty, with each state retaining its sovereignty, freedom, and independence, and the power to govern themselves. This meant that the central government had no authority over the states, and could not compel them to follow its laws or decisions. The states often acted in their own self-interest, ignoring the requests of the central government and prioritising their own needs.
The Articles also lacked a mechanism to enforce the laws and decisions made by the Congress. Without an executive branch, there was no power to carry out the laws, and the Congress lacked the ability to implement its resolutions. This created a situation where the government could make decisions but lacked the means to enforce them. Disputes between states also lacked a resolution mechanism, as there was no federal court system in place.
The lack of enforcement powers under the Articles of Confederation resulted in a weak central government that struggled to maintain authority. This experience informed the creation of the Constitution, which established a stronger federal government with separate legislative, executive, and judicial branches, each with defined powers. The Constitution granted the federal government specific powers, including taxation, commerce regulation, and the ability to raise an army, ensuring it had the authority to enforce its laws and maintain its authority within the states.
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Centralised power
The US Constitution was created to replace America's first constitution, the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The disputes between the states over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The Constitution establishes three separate but equal branches of government: the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law). This system of checks and balances ensures that none of the branches of government can dominate the others. The Constitution also establishes and limits the authority of the Federal Government over the states, emphasising that the power of the states will serve as a check on the power of the national government.
The Framers structured the government in this way to prevent one branch of government from becoming too powerful. Their experience with the British monarchy informed their belief that concentrating distinct governmental powers in a single entity would subject the nation's people to arbitrary and oppressive government action. James Madison, in Federalist No. 48, wrote that the accumulation of all powers, legislative, executive, and judiciary, in the same hands, "may justly be pronounced the very definition of tyranny".
The Constitution grants the Federal Government specific powers, while also listing a large number of things that the Federal Government is not allowed to do. For example, the Federal Government has the most important economic powers, such as the right to collect taxes directly, issue uniform currency, and determine the value of foreign currencies. It also has certain military powers, such as declaring war, raising and supporting armies, regulating and maintaining navies, and calling forth the militia.
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State disputes
The US Constitution replaced the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. This led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the young nation apart.
The drafting of the new Constitution was completed at the Constitutional Convention, which assembled in Philadelphia between May and September 1787. The delegates, chosen by the state legislatures of 12 of the 13 original states (Rhode Island refused to send delegates), were tasked with revising the Articles of Confederation. However, they ended up creating a completely new system of government, establishing a powerful central government.
The Constitution addressed the issues of federalism and states' rights, outlining the rights and responsibilities of state governments and their relationship with the federal government. It also established the procedure for constitutional amendment, requiring ratification by special conventions in each state rather than the state legislatures.
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It serves as the supreme law of the land, with courts interpreting and ensuring compliance with its provisions. Federal courts, including the Supreme Court, play a crucial role in constitutional interpretation and safeguarding the rights and freedoms enshrined within the Constitution.
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A powerful central government
The US Constitution replaced America's first constitution, the Articles of Confederation. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no power to enforce these rules, regulate commerce, or print money. This led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the young nation apart.
The delegates at the Constitutional Convention in 1787 were tasked with revising the existing government but ended up creating a completely new system with a powerful central government. They were wary of centralized power and loyal to their states, so they crafted compromises to accommodate their differing interests and views.
The Constitution established a strong central government with several key features. Firstly, it provided for a federal system with a clear division of powers between the national government and the states. Articles IV, V, and VI of the Constitution outline the rights and responsibilities of state governments, their relationship to the federal government, and the shared process of constitutional amendment.
Secondly, the Constitution granted the central government specific powers to address the shortcomings of the Articles of Confederation. These powers included the ability to regulate commerce, coin money, raise and support armies, declare war, and establish a uniform rule of naturalization and laws regarding bankruptcies.
Thirdly, the Constitution established a system of checks and balances to ensure that no one branch of government became too powerful. It created three branches of government: the legislative, executive, and judicial branches, each with separate powers and responsibilities. The legislative branch, consisting of Congress, has the power to make laws, the executive branch, led by the President, is responsible for executing those laws, and the judicial branch, headed by the Supreme Court, interprets the laws and ensures they conform to the Constitution.
Finally, the Constitution included a Bill of Rights to protect individual liberties and prevent government overreach. The First Amendment guarantees freedom of religion, speech, assembly, and the right to petition the government. The Second Amendment protects the right to keep and bear arms, and the Fourth Amendment guards against unreasonable searches and seizures. These rights are so important that they cannot be taken away, even by a majority vote.
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Frequently asked questions
The Constitution of the United States replaced the Articles of Confederation, which was America's first constitution.
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money.
A few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse due to states’ disputes over territory, war pensions, taxation, and trade.
Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates in Philadelphia in 1787 to propose revisions to the Articles. The delegates came up with a completely new government, creating a powerful central government. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for John Dickinson of Delaware, bringing the total to 39 signatures.
The Constitution established a powerful central government, which the Anti-Federalists opposed as it reminded them of the monarchy they had just overthrown. The Constitution also lacked a Bill of Rights, which was later addressed with the addition of the Bill of Rights to protect core values such as freedom of religion, speech, equal treatment, and due process of law.
