Simone Lawson
The United States Constitution, signed on September 17, 1787, has been described as defective from the start by Thurgood Marshall, the first African American to sit on the Supreme Court. The Constitution has been criticized for its exclusion of marginalized groups, such as Black and Indigenous people, women, and non-property owners, from the definition of the people. It also preserved and propped up slavery, a form of ultimate inequality, and included the Three-Fifths Clause, which counted three-fifths of a state's slave population in apportioning representation, giving the South extra representation in the House of Representatives and Electoral College. Additionally, the Constitution's weaknesses included the lack of a common currency, the inability to settle Revolutionary War-era debts, and the power of states to conduct their own foreign policies.
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What You'll Learn
The central government was too weak
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. This meant that Congress lacked the authority to regulate trade between the states and foreign nations, and it couldn't raise funds or conduct foreign policy without the voluntary agreement of the states. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The weakness of Congress encouraged many delegates to pay more attention to politics in their home states and their personal affairs than to the nation's legislative body. Congress also lacked the power to tax, which, along with its inability to regulate trade, meant that the United States was in an economic mess by 1787.
The Articles of Confederation were eventually replaced by the U.S. Constitution in 1787, which created a more powerful central government.
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States had too much independence
The United States Constitution, signed on September 17, 1787, replaced the Articles of Confederation, which was deemed too weak and inadequate for the country. One of the reasons for this was that the Articles gave too much independence to the states, hindering the central government's ability to govern effectively.
Under the Articles of Confederation, each state had significant autonomy and could operate independently from the central government. The Articles established "the United States of America" as a perpetual union for mutual defence, but it lacked central powers. The central government had no executive or judicial branch, and Congress had only one chamber, with each state holding one vote. This structure reinforced the power of the states and made it challenging for the central government to act in the nation's best interests.
The central government lacked the authority to regulate commerce, making it difficult to protect or standardise trade between foreign nations and the states. This led to disputes over territory, war pensions, taxation, and trade, threatening to tear the young country apart. The states' independence also hindered the government's ability to raise funds, as it had to rely on voluntary agreements with the states to raise revenue.
Additionally, the states conducted their own foreign policies and had their own money systems, further complicating trade and diplomacy. The lack of a common currency made trade within the country and with other nations extremely challenging. The central government also lacked the power to enforce its authority, as it had no standing army or means to compel the states to comply with its decisions.
The weaknesses in the Articles of Confederation became apparent over time, leading to concerns about the country's stability. James Madison, Alexander Hamilton, and George Washington feared that the young nation was on the brink of collapse due to the inability of the central government to exert its authority effectively. As a result, delegates from several states met in 1786 to discuss changing the Articles, eventually leading to the Constitutional Convention of 1787 and the creation of a new governing document.
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Congress lacked authority
The lack of authority to regulate commerce made it unable to protect or standardize trade between foreign nations and the various states. Congress also lacked the power to print money, which, along with the states' separate money systems, made trade between the states and other countries extremely difficult. The central government couldn't help settle Revolutionary War-era debts, and without the power to tax, the United States was in an economic mess by 1787.
The weakness of Congress 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 also lacked the authority to address the states directly, even when it agreed with the findings of reports submitted to it. For example, in June 1786, the Board of Treasury submitted a report warning that unless the states immediately adopted the measures recommended by Congress in 1783, "nothing...can rescue us from Bankruptcy, or preserve the Union of the several States from Dissolution." However, Congress decided not to send any address to the states on the subject.
The lack of authority of the central government under the Articles of Confederation led to states operating independently, even when it wasn't in the nation's best interests. This included states conducting their own foreign policies and each state having one vote in Congress, reinforcing the power of the states over the central government.
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The constitution upheld slavery
The Constitution of the United States was signed on September 17, 1787, replacing the previous organizing document, the Articles of Confederation, which was considered too weak and inadequate. While the new Constitution offered Americans the promise of freedom, it excluded Black and indigenous people, women, and other marginalized groups.
One of the most notorious clauses in the Constitution that upheld slavery was the three-fifths clause. This clause counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. This clause gave southern states with large slave populations more political power, reinforcing the institution of slavery.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union. By avoiding the issue of slavery, the framers sowed the seeds for future conflict. Many of the framers themselves owned slaves, and while some had moral qualms, they chose to prioritize political unity over the abolition of slavery.
The Fugitive Slave Act of 1850 further demonstrated how the Constitution upheld slavery by requiring individuals to return runaway slaves to their owners. Additionally, the Fifth Amendment, which states that no person shall be deprived of life, liberty, or property without due process of law, was used to treat slaves as property. While abolitionists argued against this interpretation, the Dred Scott v. Sandford case in 1857 made it a legal basis for justifying slavery.
It is important to note that the Constitution also created a central government powerful enough to eventually abolish slavery. The 13th Amendment, passed in 1865, abolished slavery in the United States, providing a final constitutional solution to the issue.
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It excluded marginalised groups
The United States Constitution, signed on September 17, 1787, has been criticised for excluding marginalised groups from the definition of "the people". Despite beautifully articulating the notion that "government's power flows from the people", the Constitution failed to include women, non-white people, indigenous people, and non-property owners in this definition.
The Constitution was also criticised for preserving and propping up slavery, an ultimate form of inequality. While the document avoided the use of the words "slave" and "slavery", it included protections for the practice, such as the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years and included a fugitive slave clause requiring the return of runaway slaves to their owners.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They recognised that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. However, by sidestepping the issue, the framers laid the foundation for future conflict.
The Constitution has been amended and improved over time, but some argue that it could benefit from explicit provisions aimed at advancing equity for historically disadvantaged groups, similar to those found in South Africa's constitution. South Africa's constitution explicitly allows for laws that address racial discrimination and its aftermath of inequity, as well as providing explicit rights to housing, education, and basic economic survival.
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Frequently asked questions
The Articles of Confederation were the first constitution of the United States and gave the Confederation Congress the power to make rules and request funds from the states. However, it had no enforcement powers, couldn't regulate commerce, and couldn't print money.
The Articles of Confederation established a very weak central government with few powers. It couldn't enforce its authority over the states, lacked domestic and international powers, and had no power to tax.
The lack of centralized power over trade and commerce led to issues with trade between states and other countries. Each state had its own money system, making trade difficult. The central government couldn't address the country's Revolutionary War-era debts, leading to an economic crisis.
The Articles of Confederation omitted the word "slave" and "slavery" but included protections for slavery. The Three-Fifths Clause gave extra representation to states with a slave population, and a fugitive slave clause required the return of runaway slaves.
