Constitution's Unresolved Issues: What's Missing?

which issue was not resolved by the constitution

America's first constitution, the Articles of Confederation, was unable to resolve several issues, including the central government's inability to collect taxes, regulate commerce, enforce its power, or conduct foreign policy. The Articles also lacked the power to standardise trade between states and foreign nations, with states issuing their own currencies and taxing each other's goods. The central government's inability to act was highlighted during Shays' Rebellion, where it had to rely on a state militia due to a lack of funds. The Articles' requirement for unanimous consent to any amendment further hindered its ability to adapt to the changing needs of the nation. These issues, along with disputes over territory, taxation, and trade, led to the creation of a new constitution in 1787.

Characteristics Values
Lack of enforcement powers 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.
Central government's inability to collect taxes The central government couldn't collect taxes to fund its operations and had to rely on voluntary efforts from the states.
States' ability to conduct their own foreign policies The central government lacked the power to enforce its authority over foreign policies, as it lacked domestic and international powers and standing.
States' separate money systems States had their own money systems and could levy taxes on each other's goods when they crossed state lines.
Difficulty in amending the document The Articles required unanimous consent for any amendment, meaning all 13 states would need to agree on a change, which was challenging due to rivalries and competing interests between the states.
Power dynamics between federal and state governments There was a debate over whether the federal government should be able to overrule state laws, with some fearing that a strong federal government would oppress citizens.
Congressional representation There was disagreement over whether representation should be based on population or divided equally among the states.
Slavery The issue of slavery was central to debates over commerce and representation, with delegates agreeing to allow the slave trade to continue for 20 years before a potential ban.

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The Articles of Confederation were practically impossible to amend

The Articles of Confederation, the first American constitution, was in force from 1 March 1781 until 1789 when the present-day Constitution went into effect. It was practically impossible to amend the Articles of Confederation due to the following reasons:

Requirement of Unanimous Consent

The Articles required unanimous consent for any amendment, which meant that all 13 states would need to agree on a change. Given the rivalries and disputes among the states over representation, voting, territory, war pensions, taxation, and trade, achieving unanimous consent was extremely challenging.

Limited Central Government

The Articles formed a wartime confederation of states with an extremely limited central government. The central government lacked the power to regulate commerce, collect taxes, or effectively support a war effort. It relied on voluntary efforts from the states for funding, resulting in a lack of funds to maintain a strong military or back its own currency.

Ineffective Enforcement of Powers

While the Articles of Confederation gave the Confederation Congress the power to make rules and request funds, it lacked enforcement powers. The central government was unable to enforce its authority over states that conducted their own foreign policies, issued their own currencies, and levied taxes on goods from other states.

Economic Competition between States

The individual states competed economically under the Articles of Confederation. They issued their own currencies, levied taxes on each other's goods, and pursued their economic interests. This competition created economic disparities and hindered the development of a unified economic system.

Concerns about Slavery

Slavery was a central issue during the debates over the Articles of Confederation. The delegates agreed to allow Congress to ban the importation of enslaved people after 20 years, but the topic remained unresolved. The lack of a clear resolution on slavery and the continuation of the slave trade until 1808 contributed to the complexities of amending the Articles.

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The central government lacked enforcement powers

The Articles of Confederation, America's first constitution, formed a wartime confederation of states with a very limited central government. The central government lacked enforcement powers, which led to several issues.

Firstly, the central government couldn't collect taxes from the states to fund its operations. It relied on voluntary efforts from the states to send tax money, and without sufficient funds, it couldn't maintain a strong military or back its currency.

Secondly, the lack of enforcement powers meant that the central government couldn't regulate commerce or trade between the states. The individual states competed economically, issuing their own currencies and taxing each other's goods when they crossed state lines. This hindered the country's economic growth and stability.

Thirdly, the central government lacked the power to enforce its role in conducting foreign policy. The states were able to pursue their own foreign policies and make their own international agreements, further undermining the authority of the central government.

Finally, the lack of enforcement powers led to difficulties in addressing internal rebellions. For example, during Shays' Rebellion, a tax protest by farmers in Massachusetts, the central government had to rely on a state militia sponsored by private individuals to put down the uprising.

These issues highlighted the weaknesses of the central government and the need for a stronger federal government with the power to enforce its decisions and maintain order.

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Congress couldn't raise funds or regulate trade

The Articles of Confederation, America's first constitution, was adopted by the Continental Congress on November 15, 1777. It formed a wartime confederation of states, with a limited central government. 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.

Congress lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states. It could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. The states retained considerable power, and the central government had insufficient power to regulate commerce. It could not tax and was generally impotent in setting commercial policy. Nor could it effectively support a war effort. Congress was attempting to function with a depleted treasury, and paper money was flooding the country, creating extraordinary inflation.

In 1784, Congress requested that the states grant it limited power over commerce for a period of fifteen years, but many of the states did not comply. In 1785, James Monroe, a 27-year-old delegate, again stressed the need for increased congressional power over commerce. A committee was appointed, chaired by Monroe, to investigate the problem. The committee recommended amending the Articles of Confederation so that Congress would have power over commerce. Although Congress sent the proposed amendment to the state legislatures, along with a letter urging immediate action, few states responded.

The Articles of Confederation were impractical and ineffective, and the country was on the brink of economic disaster. The central government lacked the power to settle quarrels between states, and disputes over territory, war pensions, taxation, and trade threatened to tear the country apart. The Articles were also practically impossible to amend, as they required unanimous consent to any amendment, meaning all 13 states would need to agree on a change. Given the rivalries between the states, this made the Articles impossible to adapt after the war ended with Britain in 1783.

The weaknesses in the Articles of Confederation became apparent, and it was clear that Congress commanded little respect and no support from state governments anxious to maintain their power. In 1786, Shays' Rebellion, a tax protest by western Massachusetts farmers, further demonstrated the central government's inability to put down an internal rebellion. It had to rely on a state militia sponsored by private Boston business people. These events alarmed Founders like George Washington, James Madison, and Alexander Hamilton, who feared their young country was on the brink of collapse. Delegates from five states met at Annapolis, Maryland, in September 1786 to discuss changing the Articles of Confederation. This eventually led to the Constitutional Convention of 1787, which effectively ended the era of the Articles of Confederation.

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States had their own money systems

The United States Constitution of 1787 was an attempt to resolve the issues of the Articles of Confederation, the country's first constitution, which had been in effect since 1777. One of the key issues addressed by the new Constitution was the monetary chaos caused by each state having its own money system.

During the Confederation era, there was no common currency, and the central government and the states each had their own money. This made trade between states and with other countries extremely difficult and hindered the economic growth of the nation. The states also levied taxes on each other's goods when they crossed state lines, further complicating interstate commerce.

The Constitution aimed to resolve this issue by granting the federal government the exclusive power "to coin money, regulate the value thereof, and of foreign coin". This meant that only the federal government could create and issue a uniform currency for the entire nation. The states were prohibited from coining money, emitting bills of credit, or creating a legal tender.

The transition to a single national currency took some time. Even after the adoption of the Constitution, private banks authorized by the states continued to issue banknotes denominated in dollars for several decades. Over time, these state-chartered banks played a crucial role in establishing a uniform currency system across the country, as they gradually transitioned to issuing banknotes that were convertible to the U.S. dollar.

The establishment of a single national currency was a significant step towards economic unity and stability in the United States, facilitating interstate trade and fostering the country's economic development.

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The issue of slavery was central to debates

The delegates at the Constitutional Convention in 1787 debated whether to allow the new federal government to ban the importation of enslaved people from outside the United States, including directly from Africa. This was a highly contentious issue, as many of the states relied on slave labour for their economic prosperity. Some delegates believed that the federal government should have the power to ban the slave trade, while others argued that it would be a violation of states' rights. The delegates ultimately reached a compromise, agreeing that Congress could choose to ban the slave trade after 20 years had passed.

The issue of slavery was also closely linked to the debate over congressional representation. The delegates disagreed over whether representation should be based on population or divided equally among the states. The southern states, with larger populations of enslaved people, argued for representation based on population, while the northern states favoured equal representation. The delegates eventually compromised by granting each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate.

The debate over the regulation of commerce was also influenced by the issue of slavery. The southern states were concerned that a powerful Congress could use its authority to regulate trade to impose economic penalties on them, such as export taxes. The southern states argued that this would give the northern states too much power over them. The delegates struggled to reach a consensus on this issue, and it remained a contentious topic even after the Constitution was ratified.

Overall, the issue of slavery played a central role in the debates surrounding the creation of the United States Constitution. The delegates grappled with the moral, economic, and political implications of slavery, seeking to balance the interests of the states and the need for a strong central government. While they reached temporary compromises, the issue of slavery continued to be a source of tension and ultimately contributed to the outbreak of the Civil War decades later.

Frequently asked questions

The Articles of Confederation formed a wartime confederation of states, with a very limited central government. The central government couldn't collect taxes, regulate trade, or conduct foreign policy without the voluntary agreement of the states.

The states competed against each other economically, issuing their own currencies and taxing each other's goods. This led to disputes over territory, war pensions, taxation, and trade.

The central government lacked the funds to maintain an effective military or back its own currency. It couldn't act to protect the "perpetual union", as seen during Shays' Rebellion.

The Constitutional Convention of 1787 gave specific responsibilities to the federal government while delegating all other functions to the states. They also agreed to allow Congress to ban the importation of enslaved people after 20 years, though the slave trade was not formally prohibited until 1808.

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