Eleanor Finch
The U.S. Constitution, signed on September 17, 1787, is a document that has endured and evolved over the last 234 years. Despite its promise of freedom, it excluded Black and Indigenous people, women, and other marginalized groups. One of its fundamental contradictions was preserving and propping up slavery while articulating the ideal of fundamental human equality. The Constitution has been amended and improved over time, but some of its original flaws, such as the exclusion of certain groups from the definition of the people, continue to have repercussions today. The process of drafting the Constitution, often referred to as its framing, began with a convention in Philadelphia aimed at revising the Articles of Confederation, which were seen as inadequate for the young nation. The Constitution has been amended 27 times, with the first 10 amendments known as the Bill of Rights.
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What You'll Learn
Lack of authority to regulate commerce
One of the major downsides of the new Constitution was its lack of authority to regulate commerce, which had a significant impact on the country's economic stability and international relations.
Under the Articles of Confederation, the first American constitution, the Confederation Congress lacked the power to regulate trade effectively. This meant that individual states conducted their own foreign policies and had their own money systems, making trade between states and with other countries extremely challenging. The lack of a common currency further exacerbated the issue, hindering interstate and international commerce.
The inability to regulate commerce also impacted the country's ability to address its debts. The central government and the states owed significant sums to European countries and investors following the Revolutionary War. However, without the power to tax or effectively manage trade, the United States found itself in a dire economic situation by 1787.
The Confederation Congress's limited authority over commerce also affected its ability to protect American industries. For example, after the Revolutionary War, British traders flooded the US markets with their goods, negatively impacting American importers and manufacturers. The Congress lacked the power to regulate this trade and protect American businesses from foreign competition.
Recognizing the need for increased congressional power, James Monroe, a delegate, led a committee in 1785 to investigate the issue. The committee recommended amending the Articles of Confederation to grant Congress the power to regulate commerce. However, few states responded, possibly due to fears of granting too much power to Congress.
The lack of centralized authority over commerce under the Articles of Confederation contributed to economic instability and hindered the country's ability to recover from the war debts. This downside ultimately led to calls for a stronger central government and the creation of a new Constitution.
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No standard currency
One of the major downsides of the new Constitution was the lack of a standard currency across the states. Each state had its own money system, which created a highly complex and challenging economic landscape. This lack of monetary uniformity made trade between states and with other countries extremely difficult and hindered economic growth and stability.
The absence of a standard currency also impacted the government's ability to manage debt. The central government and the states owed significant debts to European countries and investors following the Revolutionary War. However, without the power to tax or regulate trade effectively, and with separate money systems, the United States found itself in a dire economic situation by 1787.
The lack of a standard currency was a direct consequence of the limited power of the central government under the Articles of Confederation. The Confederation Congress lacked the authority to regulate commerce and standardize currency across the states. This fragmentation of monetary systems further exacerbated the challenges faced by the young nation in conducting foreign policy and managing its economic affairs.
The delegates to the Constitutional Convention of 1787 recognized the need for a stronger central government with the power to regulate commerce and standardize currency. They created a model of government with checks and balances, dividing federal authority between the legislative, judicial, and executive branches. This new structure aimed to address the economic and political challenges faced under the Articles of Confederation, including the lack of a standard currency.
However, the process of establishing a uniform currency across the states was complex and gradual. It involved negotiating and aligning the different monetary systems that had evolved independently during the Confederation period. Over time, as the United States matured as a nation and its economic systems became more integrated, the need for a standard currency became increasingly apparent and efforts to unify monetary policies gained momentum.
In summary, the lack of a standard currency under the new Constitution created economic challenges and hindered the young nation's ability to manage debt and conduct trade effectively. The delegates to the Constitutional Convention recognized the importance of addressing this issue, and their efforts laid the groundwork for the eventual establishment of a unified monetary system in the United States.
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Inability to enforce rules
One of the major downsides of the new constitution was its inability to enforce rules and policies. The Articles of Confederation, America's first constitution, gave the Confederation Congress the authority to make rules and request funds from the states, but it lacked enforcement powers. This meant that the central government was unable to regulate commerce, print money, or effectively manage the country's economic and financial affairs.
The lack of enforcement powers had significant consequences. Firstly, it led to states conducting their own foreign policies. While this role was technically under the central government's purview, its lack of domestic and international powers meant it could not enforce its authority. This resulted in a fragmented approach to foreign relations, with states pursuing their own interests rather than a unified national strategy.
Secondly, the inability to enforce rules impacted the country's economic situation. The central government lacked the power to tax and regulate trade effectively. States had their own money systems, making trade between states and with other countries challenging and often detrimental to American importers and manufacturers. The government also struggled to settle Revolutionary War-era debts, further exacerbating the economic woes.
The lack of enforcement powers also contributed to states' disputes over territory, war pensions, taxation, and trade. These disputes threatened to tear the young country apart, as different states pursued their own interests without a strong central authority to mediate and enforce consistent policies.
Additionally, the weakness of Congress under the Articles of Confederation had unintended consequences. Many delegates prioritized the politics of their home states and their personal affairs over the nation's legislative body. This dynamic further hindered the effective enforcement of rules and policies, as states often failed to comply with Congress's suggestions and recommendations.
The inability to enforce rules and the resulting challenges ultimately led to the revision of the Articles of Confederation and the creation of a new constitution. The Constitutional Convention of 1787 recognized the need for a stronger central government with the power to regulate commerce, enforce laws, and address the nation's economic and political issues effectively.
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Lack of power to tax
One of the major downsides of the new Constitution was the lack of power to tax. The Articles of Confederation, America's first constitution, gave the Confederation Congress the authority to request funds from the states, but it lacked enforcement powers and could not regulate commerce. This meant that the central government had no power to enforce tax collection from the states, leading to significant financial challenges.
The lack of taxation powers resulted in difficulties for the central government in settling Revolutionary War-era debts. The United States owed substantial debts to European countries and investors, but without the ability to tax its citizens, the government struggled to generate the necessary revenue. This financial crisis contributed to the economic turmoil the country faced by 1787.
The weakness of Congress under the Articles of Confederation also led to a lack of compliance from the states. Congress proposed various methods for the states to raise revenue and contribute to paying off the national debt. However, the states frequently disregarded these suggestions, exacerbating the financial strain on the central government.
The inability to regulate commerce further compounded the issue. Congress lacked the authority to standardise trade between foreign nations and the individual states, leading to inconsistent trade policies and difficulties in managing the country's economy effectively. This highlighted the limitations of the central government and the need for a stronger centralised authority.
The lack of taxation powers also impacted the country's ability to conduct foreign policy effectively. The Confederation Congress struggled to enforce policies that individual states found counter to their interests, particularly regarding the enforcement of the Treaty of Paris, which ended the American War of Independence. The states' resistance to complying with the treaty's provisions, such as honouring debts to British subjects, led to diplomatic tensions and hindered the country's international relations.
In summary, the lack of power to tax under the new Constitution created financial challenges, weakened the central government's authority, and hindered its ability to conduct foreign policy. These issues ultimately contributed to concerns about the country's stability and the need for a more robust centralised government.
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Weakness of Congress
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, and couldn't print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The weakness of Congress under the Articles of Confederation encouraged many delegates to pay more attention to politics in their home states and to their personal affairs than to the nation's legislative body. Congress proposed ways for the states to raise revenue towards the national debt, but the states rarely complied. By June 1786, the Board of Treasury warned that unless the states adopted the measures recommended by Congress in 1783, "nothing...can rescue us from Bankruptcy, or preserve the Union of the several States from Dissolution.".
Congress lacked the authority to enforce its decisions, and this was a major weakness. 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 couldn't ratify the treaty because a quorum of nine states was rarely present.
Congress also lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states. In 1784, Congress requested that the states grant it limited power over commerce, but many states did not comply.
The Constitution's founders crafted a government for a simple agrarian society of just four million people, 95% of whom were farmers. The government wasn't expected to do much, and the founders were mainly concerned with avoiding the "tyranny of the majority". They designed a complex government with separated authority and veto points, making coherent policy action difficult.
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