Omar Bennett
The United States Constitution has been criticized for its failure to address modern-day issues and its inability to adapt to the needs of a nation that has evolved significantly since its founding. Two issues that have been left out of the Constitution and continue to pose challenges are the centralization of power and the protection of democratic ideals. The Constitution's separation of powers and checks and balances, designed to prevent tyranny of the majority, have instead led to a paralyzed and ineffective government. This has resulted in an inability to address pressing issues such as the pandemic, economic distress, cyberattacks, and racial injustice. Additionally, the Constitution's lack of clarity on the balance of power between state and federal governments has led to difficulties in conducting foreign policy, managing the economy, and responding to national crises.
| Characteristics | Values |
|---|---|
| States' ability to conduct their own foreign policies | The central government lacked the power to enforce policies |
| States' ability to manage their own money systems | There was no common currency |
| Central government's inability to settle Revolutionary War-era debts | The government had no power to tax |
| Lack of authority to regulate commerce | Congress was unable to protect or standardise trade |
| Lack of trust in executive power | The delegates trusted George Washington to be the first president |
| Lack of effective limits on power | Congress is the prime source of dysfunction |
| Lack of safeguards against corrupt government officials | The Constitution has failed to protect the nation |
| Lack of democracy | A majority of votes are not required to win presidential elections |
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What You'll Learn
Congress's inability to regulate commerce
One of the primary concerns was the inability to protect and standardize trade between foreign nations and the various states. Each state had its own money system, making trade between states and with other countries extremely challenging. This lack of a common currency created economic instability and hindered the country's ability to conduct international trade effectively.
The central government, under the Articles of Confederation, also lacked the power to tax and impose tariffs, which are crucial tools for regulating commerce and generating revenue. Without these powers, the government struggled to manage the country's finances and address economic issues.
Additionally, the lack of regulatory power over commerce limited the government's ability to address issues such as state debts from the Revolutionary War era. The Confederation government found itself unable to help settle these debts, further exacerbating the economic challenges faced by the young nation.
Recognizing the importance of addressing this issue, Congress appointed a committee chaired by James Monroe in 1785. The committee recommended amending the Articles of Confederation to grant Congress the power to regulate commerce. However, few states responded, as the transfer of such power made the states apprehensive.
The inability of Congress to regulate commerce under the Articles of Confederation highlighted the need for a stronger central government and a more unified approach to economic policy. This realization contributed to the eventual drafting of the Constitution, which aimed to address the shortcomings of the Articles and create a more effective and powerful central government.
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Lack of a common currency
The lack of a common currency was a significant issue during the Confederation era in the United States. Each state had its own money system, which made trade between states and with other countries extremely challenging. This was due to the lack of standardised currency, with each state having different values for the dollar, causing confusion in inter-state transactions.
The Continental Congress attempted to address this issue by issuing paper money known as Continental currency or Continentals during the American Revolutionary War. However, this currency depreciated rapidly due to a lack of coordination between Congress and the states in monetary policy, as well as counterfeiting by the British. By May 1781, Continentals had become virtually worthless, and Congress appointed Robert Morris as Superintendent of Finance to address the financial crisis.
The Constitution of the United States aimed to rectify this issue by granting Congress exclusive coinage power. Article I, Section 10, Clause 1 of the Constitution prohibits states from coining money, emitting bills of credit, or making anything but gold and silver coins legal tender. The Supreme Court has upheld Congress's authority over currency, including the power to regulate the value of currency and to charter banks to issue circulating notes.
The Constitution also establishes the dollar as the basic unit of account, with only gold and silver coins and currency-backed banknotes recognised as legal tender. Congress is prohibited from altering the value of the dollar, and any changes to the currency's value must be done through a constitutional amendment.
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States' ability to conduct their own foreign policies
One of the issues left out of the Constitution was the states' ability to conduct their own foreign policies. This was a significant problem because, technically, the role of conducting foreign policy fell to the central government. However, the Confederation government lacked the power to enforce this, as it lacked domestic and international recognition and authority.
The central government was designed to be extremely weak, and it did not have the ability to regulate commerce, making it unable to protect or standardise trade between foreign nations and the various states. This was a crucial issue, as it gave a lot of power to the states, and they were afraid to act. The states' ability to conduct their own foreign policies led to inconsistencies in trade policies and agreements, as each state had separate money systems, making trade between states and other countries challenging.
The delegates at the Constitutional Convention of 1787, which included Madison, Hamilton, and John Dickinson, were aware of the problems caused by the states' ability to conduct their own foreign policies. They ended the era of the Articles of Confederation, which had allowed states too much autonomy in foreign affairs. The delegates debated the balance of power between the federal government and the states, with many believing that the federal government should be able to overrule state laws.
However, others feared that a strong federal government would oppress its citizens, having just fought a war against tyranny. This tension between state and federal power has persisted and evolved over time, with modern-day critics arguing that the Constitution is outdated and ill-suited to govern a complex, modern society effectively.
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The issue of slavery
One of the key debates centred on the Three-Fifths Compromise, which stated that three-fifths (60%) of enslaved people in each state would count toward congressional representation. This compromise greatly increased the number of congressional seats in Southern states, where slavery was more prevalent. The delegates also discussed the federal government's power to ban the importation of enslaved people from outside the United States, including directly from Africa. This debate reflected the complex and contentious nature of slavery in the young nation.
The delegates' views on slavery were shaped by their economic interests and moral beliefs. Those from Southern states, where slavery was a significant part of the economy, argued for the protection of slavery and the rights of slaveholders. Meanwhile, some Northern delegates, influenced by the growing abolitionist movement, pushed for restrictions on slavery or its eventual abolition.
The Three-Fifths Compromise was a pragmatic solution to the contentious issue of representation, balancing the interests of the slave-holding South and the free North. While it fell short of abolishing slavery, it reflected a recognition of the unequal moral status of enslaved people and a step towards limiting the power of slaveholding states in Congress.
The debates over slavery during the Constitutional Convention laid the groundwork for future struggles over slavery in the United States. The institution of slavery, and the compromises made during the nation's founding, would continue to shape American society and politics for decades, leading up to the Civil War and the eventual abolition of slavery.
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The power dynamic between federal government and states
The power dynamic between the federal government and the states was a central issue at the Constitutional Convention. The delegates were divided between those who believed that the federal government should be able to overrule state laws and those who feared that a strong federal government would oppress its citizens. This debate reflected the concerns of the time, with Americans suspicious of executive power following a war against tyranny.
The Articles of Confederation, which preceded the Constitution, had established a weak central government with limited powers. The states, however, were reluctant to grant Congress more authority, even when it came to regulating commerce, which was crucial for standardising trade between the states and foreign nations. James Monroe, a delegate, stressed the need for increased congressional power over commerce, but few states responded to his proposed amendment.
The delegates at the Constitutional Convention were representatives of their respective states, and the interests and concerns of these states influenced the debate. Large and small states fought over representation in Congress. The "Great Compromise" or "Connecticut Compromise" resolved this issue by establishing the House of Representatives, apportioned by population, and the Senate, which represented the states equally.
The power dynamics between the federal government and the states also played out in other areas, such as the ability of states to conduct their own foreign policies and the lack of a common currency, which made trade difficult. The delegates at the Convention grappled with the question of how to balance the powers of the federal government and the states, ultimately crafting a system of checks and balances to prevent tyranny by the majority.
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