The Articles of Confederation and the New Constitution - Research Paper Example

Differences between the articles of confederation and the new constitution Introduction The US government faced various challenges in leading the country due to the loopholes that were present in the articles of confederation. The central government’s limited powers were evident due to their failure to perform various functions such as the regulation of trade and control of taxes. Responsible persons in the government felt that the laws in the articles needed elimination to pave way for proper functioning and implementation of government policies. The confederation articles gave many powers to the states, which left the national government with little powers. The articles created a feeble national government incapable levying taxes and regulating trade hence the quest for the new constitution that improved the stature of the government by increasing its powers (Wendel 768). The removal of the articles of confederation was due to their immense powers over the national government. The articles lacked a court system to impose the levying plus collection of taxes. The congress was incapable of making laws and therefore levying of taxes was difficult. In addition, the articles did not provide an atmosphere for enhancing trade regulation between the existing states and other countries (Young 1572). The articles could only allow only a vote per state and too many powers to states. It also performed the functions of appointing the delegates for every state, which was undesirable. It was difficult to impose changes to the articles of confederation because there were undesirable procedures. All the states had to make amicable decisions to enhance the changes. Having all the thirteen states in agreement over changes that would affect the government was not an easy task. Nine out of thirteen states had to approve any motion put forward to enhance amendment of the articles. Another weakness evident in the articles was the lack of a specific army to guard the nation. Each state stood separately with own affairs (Wendel 760). Every state developed policies for their own governance, not even the passage of treaties was a responsibility of the central government. Since very state created their own money, there was a possibility of lack of acceptance to their currency by other states. This created an unfavorable environment for the states to participate in trade and improve their micro economies. The unicameral legislature present in the articles provided an atmosphere that there was no power separation hence the national government remained weak (Young 1570). The operation of the post offices was a responsibility of the states and not the central government. The articles of confederation developed immense powers to the states. In the articles there were sections supporting assertion of wars plus coining and borrowing of finances. The central government was incapable of making the states to abide by the laws. Despite the national government’s efforts to make a nationwide currency, the currency was valueless due to existing currencies from the states (Wirkner 13). The lack of effective common currency led to weak trade plus commerce that retarded the general economy of the United States. Vulnerability to attack by other countries plus pirates was evident due to the lack of a central army and army to safe gourd the entire populace. The articles were prevalent because of the fear instilled to the colonies by the colonial government. The authorities from the states with the fear instilled by the powers of the colonial government centrality of governance feared the same (Jensen 10). The articles thus provided sovereign states in terms of decision-making and freedom. The articles were an important law of the land before promulgation of the new constitution, which made a through way for changes in the government operations. The executive wanted the elimination of the articles to create room for most operations for the central government. For years, there was deprivation in the ability of the central government to initiate changes and implement various laws such as taxation and involvement of trade within the entire states (Jensen 11). Trade with the rest of the world was possible with the removal of the articles of confederation. The apparent economic plus states feeble military, and the susceptibility of attack by foreigners increased the national government’s efforts in enhancing the removal of the flawed articles. They needed a strong government with astounding powers to upgrade the then nation’s status quo. Though initially, some states were not in support of the motion, the notion attained a considerable support from different states. Most states encountered problems while doing trade thus they saw a need for the elimination of the articles. The elimination would improve trade because a common currency would exist. Foreign nations would find it easy to trade with a country with a common currency than with many currencies. The discarding of the article of confederation attributes to inefficient run of the entire government. The laws of states were superior over the national government laws. Article six of the confederation denied any state without the permission of the US the ability to receive plus send an embassy or even venture in an agreement or treaty with any leader, be it a king or a prince (Wirkner 13). The article denied a chance for the states to form alliances thus deprived of freedom. The new constitution was desirable because it gave the government strength in terms of powers. The constitution became the greatest law for leading the country. The constitution allowed the formation of about three sections of the government that improved the strength of governance (Young 1572). Unlike the articles created to for uniting the colonies, the constitution was significant in that it provided a criterion for establishing the government. The constitution led to the creation of a court, which was supreme to the land. The constitution improved the government stature by ensuring the presence of the military, which would protect all the states (Young 1572). The presence of the military removed the fear of attacks by foreign troops because its establishment was under the central government. The central government through the constitution had various powers since the articles of confederation no longer limited it. The promulgation of the new constitution meant development and association with states and other nations towards fostering trade and improving the economy of the whole country. The new constitution granted the national government the powers to levy taxes and control government business (Wendel 768). This was contrary to the articles, which denied the government the power for imposing taxes to the people plus controlling foreign trade. The powers articulated in the new constitution meant that the creation of laws was the work of the majority rule. The constitution provided that United States be as one state. The articles of the confederation failed to provide this condition. Under the articles, members of state could only have a single vote. The constitution thus was significant for a better government free from the chains of the confederation articles, which led to its redundancy for several years. The nature of the constitution was that it led to the development of three government sections. These sections include the legislature, executive plus the judiciary (Jensen15). Each of the sections performed different functions in adherence to the new constitution. The purpose of the legislature was to provide enactment of laws. The legislature consisted of senate plus a council whose name was the congress. Generally, the legislature was responsible for passage of laws and allowance of finances to the national government. The funding was useful for proper operation of the government plus aiding the running of the states. In the constitution, the judiciary had the responsibility of hearing cases that were complex to handle by the legislature (Young 1572). In the judiciary, there was the Supreme Court plus a lower federal court. The executive composed the president and his assistant. Departments such as education plus defense were also present in the executive (Jensen 24). The executive had an accountability of executing laws plus their implementation to ensure that the various federal government goals were in place. The three government sections improved the welfare of people because of appropriate implementation of policies. The government possessed sufficient strength for enabling execution of various functions (Young 1563). The nature of the constitution suppressed the effects of confederation articles, which disallowed the presence of the three units of government. The constitution provided excellent powers, which defied the articles of confederation, however the powers granted to the central government by the constitution created dual federalism, a political configuration in the states. Federalism enabled division in sovereign states; most of language in the constitution was a derivation of the articles of confederation. Both of the pieces offered immunity plus privileges to the citizens (Jensen 25). There existed extradition plus congressional protection of persons from all states. The constitution was thus a federal document because its origin was from the articles. Dual federalism resulted when all the states plus the national government maintained superiority within their spheres. The constitution allowed states to maintain some of the policies that existed before. The pioneers of the constitution wanted the existence of a constitution that was to offer promotion of the national powers and some form of sovereignty to states (Jensen 28). As James Madison suggested, the states and the government were dissimilar but trusted agents of the public. Dual federalism was evident after the new constitution. It meant the listing and enumeration of powers that were present between the nationwide and the state governments. Dual federalism enabled the state and the federal government to work separately although the federal government had a greater responsibility in the running of the entire nation (Wirkner 12). The constitution allowed the national government to rule through enumerates powers alone. Its purposes, constitutionally, were limited. Dual federalism ensured that every unit of government that is, state and federal were independent as provided by the new constitution. The association between the nation and the states was tension and not a corporation (Wirkner 13). The constitution led to dual federalism, for example the federalist era occurred in 1789-1801. The leaders at the time had strong faith on a national government. Leaders such as George Washington were in support of the central government but resisted by republicans like Thomas Jefferson. There was a war debt, which the national government took responsibility. The tenth amendment of the constitution safeguarded the rights of the states and offered an assertion of powers to states. The powers asserted to the states were those, which the constitution did not expressly delegate to the national government (Wirkner 13). The existing underpinning for States civil liberties concepts did not favor the federal regime, the dual spheres of power between the state and the government. The era of dual federalism entailed unpredictable and rising prevalence of the national government in sections that were not common to the states. The various acts, for example, the 13th amendment and the interstate commerce commission act (AICC) became vital issues that accelerated the government in performing the convention of business and the economy. The constitution led to a supreme federal government that accepted the power of the states (Wirkner 13). Conclusion The articles of confederation made a frail national government whose ability to levy and implement tax collection was in deprival. Under the articles of confederation, there was no common currency. Each state possessed own currency hence trade with other states became difficult. The new constitution led to a new government with new abilities for governance. After the new constitution, the government made laws and was able to initiate taxes and control government operations such as trade with foreign countries. The three sections of government formed under the new constitution improved the governance. The new constitution provided adequate powers to the national government. Dual federalism was evident after the new constitution. It enhanced the state and the national government to operate discretely. Works cited Wendel, Thomas. "The Articles Of Confederation." National Review 33.13 (1981): 768. MasterFILE Premier. Web. 26 Feb. 2012. Retrieved from http://ehis.ebscohost.com/eds/pdfviewer/pdfviewer?sid=d9445e69-90e8-499b-8f27- 15b515383250%40sessionmgr12&vid=2&hid=6 Young, Rowland L. "The Articles Of Confederation And Perpetual Union." American Bar Association Journal 63.11 (1977): 1572. International Security & Counter Terrorism Reference Center. Web. 26 Feb. 2012. Retrieved from http://ehis.ebscohost.com/eds/pdfviewer/pdfviewer?sid=91036970-1a73-4c0b-ba53- f38529532937%40sessionmgr15&vid=2&hid=6 "The Articles Of Confederation." Articles Of Confederation (2009): 1. MasterFILE Premier. Web. 26 Feb. 2012. Retrieved from http://ehis.ebscohost.com/eds/detail?sid=1064bb37- fb89-4fe3-b736- e0a0d71a7dfc%40sessionmgr15&vid=1&hid=6&bdata=JnNpdGU9ZWRzLWxpdmU%3 d#db=f5h&AN=21212314 Wirkner, Linda. Learning About Life in the New American Nation with Graphic Organizers. New York: PowerKids Press. 2005. Print. Jensen, Merrill. The Articles of Confederation: An Interpretation of the Social-Constitutional History of the Americas 1774-1781. Madison: University of Wisconsin. 1959. Print. Read More