Challenging The Constitution: Early Battles And Their Legacy

The first US Constitution, the Articles of Confederation, was sent to the 13 states for consideration in 1777. It was replaced by the US Constitution in 1787, which was signed by 38 delegates in Philadelphia. The US Constitution has been described as brilliant and highly flawed, as it excluded Black and indigenous people, women, and other marginalised groups, and preserved slavery. The Anti-Federalists opposed the US Constitution, as it created a powerful central government and lacked a bill of rights. The Federalists, on the other hand, believed that a strong central government was necessary to face the nation's challenges.

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The Articles of Confederation were too weak

The Articles of Confederation, the first American constitution, was formed in 1777 to replace the British system during the Revolutionary War. It was a war-time confederation of states with an extremely limited central government. However, the Articles of Confederation were too weak and ineffective, and they soon became obsolete. Here are some reasons why:

Weak Central Government

The Articles established "the United States of America" as a perpetual union to defend the states collectively, but it lacked central powers. The central government was not provided with an executive official or a judicial branch. It only had one chamber, and each state, regardless of its population size, had one vote. This led to a leadership deficit and economic troubles.

Inability to Collect Taxes

The central government under the Articles of Confederation couldn't collect taxes from the states to fund its operations. It relied on voluntary contributions from the states, which often fell short. This hindered its ability to maintain a strong military, regulate trade, or back its currency.

Lack of Standardized Currency and Trade

The states operated with their own money systems, making trade between them and with other countries challenging. The lack of a common currency added to the economic woes of the young nation. Additionally, the central government lacked the authority to regulate commerce, leading to disorganized trade policies.

States' Conduct of Foreign Policy

Technically, the central government should have conducted foreign policy, but it lacked the power to enforce this. The states often pursued their own foreign policies, further eroding the central government's authority.

Difficulty in Amending the Articles

Amending the Articles required unanimous consent from all 13 states, which was challenging due to rivalries and disagreements. This made it nearly impossible to adapt the Articles to the changing needs of the nation after the war with Britain ended in 1783.

The weaknesses in the Articles of Confederation became increasingly apparent over time, leading to the Constitutional Convention of 1787, which marked the end of the era of the Articles of Confederation and the creation of a stronger central government under the new Constitution of the United States of America.

The central government couldn't collect taxes

The Articles of Confederation, the first American constitution, was sent to the 13 states for consideration in 1777. It didn't last a decade due to several limitations. One of the key issues was the central government's inability to collect taxes to fund its operations.

The central government, or the Confederation, relied on voluntary efforts from the states to send tax money. This meant that the central government often lacked the funds to operate effectively. It couldn't maintain a strong military or back its own currency. This situation led to concerns among key figures such as George Washington, James Madison, and Alexander Hamilton.

The lack of a centralised tax system also meant that states had their own money systems, making trade between states and with other countries difficult. Additionally, the Confederation government struggled to settle Revolutionary War-era debts.

The failure to collect taxes was a significant factor in the decline of the first American constitution. It highlighted the need for a stronger national government and the creation of a new constitution. The disputes over taxation and the inability of the central government to address them contributed to the call for a Constitutional Convention in 1787, marking the end of the era of the Articles of Confederation.

The taxing power of the government was a key consideration during the drafting of the new constitution. The first draft of the new constitution included a taxing clause, stating that the legislature had the power to "lay and collect taxes, duties, imposts, and excises". However, this underwent several rewrites to address concerns about unlimited terms and the potential danger to state governments.

States had their own money systems

The first US constitution, the Articles of Confederation, was sent to the 13 states for consideration in 1777. It was intended to form a wartime confederation of states, with an extremely limited central government. However, the Articles of Confederation had many limitations, and the era ended in 1787. One of the main issues was that the central government couldn't collect taxes from the states to fund its operations. This meant that the central government couldn't maintain an effective military or back its own paper currency.

Another issue was that the states had their own money systems. There was no common currency in the Confederation era, which made trade between states and other countries extremely difficult. The central government and the states each had separate money. James Madison, in Federalist #44, wrote that ratifying the Constitution would improve the economy by allowing each state to have its own currency and trade laws. However, he also acknowledged that having a single currency would prevent trade impediments between states and "animosities be kindled among the States themselves".

The Supreme Court has recognized Congress's exclusive coinage power. Congress may regulate every phase of the currency, including requiring the surrender of gold coins or certificates in exchange for other currencies. Congress's power also includes the authority to regulate the value of currency. This power is derived from Section 8 of the Constitution, while Section 10 denies states the right to coin or print their own money.

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The Constitution excluded marginalised groups

The US Constitution, signed in 1787, was a remarkable achievement that articulated the fundamental equality of all humans and the notion that a government's power derives from the people. However, it also had significant flaws, including the exclusion of marginalised groups and the preservation of slavery.

The Constitution excluded Black and indigenous people, women, and other marginalised groups from the definition of "the people". This contradiction between the ideal of equality and the exclusion of specific groups was a significant flaw in the original Constitution. The Constitution also included provisions that protected and perpetuated slavery, such as the fugitive slave clause, which allowed slave owners to reclaim their human property in states where slaves had fled.

The delegates at the Constitutional Convention in Philadelphia in 1787 were tasked with revising the existing government but ended up creating a completely new one. The Constitution replaced the Articles of Confederation, which had been ratified in 1777 and gave the Confederation Congress the power to make rules and request funds from the states. However, it lacked enforcement powers, could not regulate commerce, and could not print money.

The Constitution created a powerful central government, which some Anti-Federalists opposed because it reminded them of the monarchy they had recently overthrown. The Constitution also lacked a bill of rights, which was a concern for those who wanted to protect individual liberties from potential government overreach. The inclusion of marginalised groups and the abolition of slavery were not seriously considered during the Constitutional Convention due to the threat of southern states leaving the convention if abolition were attempted.

Over time, the Constitution has been amended and improved to address some of these exclusions and contradictions. Amendments made after the Civil War, such as the 13th, 14th, and 15th Amendments, abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men. The interpretation and application of these amendments have been ongoing struggles, with the Supreme Court playing a significant role in shaping their impact.

The Alien and Sedition Acts

The four laws that made up the Alien and Sedition Acts were:

• The Naturalization Act of 1798: This increased the requirements for seeking citizenship, raising the residency requirement from 5 to 14 years.
• The Alien Friends Act of 1798: This allowed the president to imprison and deport non-citizens who were deemed "dangerous to the peace and safety of the United States".
• The Alien Enemies Act of 1798: This gave the president additional powers to detain non-citizens during times of war, invasion, or predatory incursion.
• The Sedition Act of 1798: This criminalized false and malicious statements about the federal government.

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