Confederation and Constitution in the USA - Essay Example

Confederation and Constitution in the USA Introduction Depression threatened the future of the United States with democracy remaining integral in the preservation of the nation. However, the radicals and the conservatives differed in their approach to the problem. The Articles of Confederation ratified in 1781 that served as the country’s first constitution stemmed from the urgency of the wartime and the depression. The articles created a congress that would serve as the final resort on appeal of disputes. Additionally, the articles provided the states with sovereignty and independence thereby enhancing the peaceful coexistence of states since each state presented a number of interests especially with the varying viewpoints on slavery throughout the country. When the country formulated its constitution in 1787, a number of features stood out most of which proved the strengths and weaknesses of the Articles of the Confederation as the discussion below portrays. Among the strengths of the articles was its ability to quell the fear of a strong central government. As he British left the United States, most Americans feared that the creation of a large nation would simply replace the outgoing King George III with yet another heartless tyrant. As such, Americans wanted a ways of insuring themselves from such occurrences. The articles therefore created a weak conference while safeguarding the sovereignty and independence of the states. This way, the states would protect themselves from any dictatorial politicians who would lead the country. The constitution later created a powerful congress and eliminated the sovereignty and independence of the states. While such a move enhanced the rapid development of the country throughout the years, the articles of confederation served a vital role of reassuring Americans of their freedoms until they understood the importance of a united country with a powerful congress. Another equally significant strength of the articles was the fact that they strived to enhance corporation among the states. The articles of confederation called for the creation of “a firm league of friendship” of the states. Such was integral in their common defense, their mutual and general welfare and the security of their freedoms. The articles demanded that states permit free movements of people and goods throughout the states. Additionally, the articles encouraged the states to trust the judicial system of the states a feature that enhanced the creation of a uniform judicial system in the country. The constitution recognized such features thereby striving to enhance the correlation among states. Despite the above strengths, the articles had yet a number of weaknesses vis-à-vis the constitution. Among the major weaknesses of the article was the fact that the national government lacked the power to force the states to obey its laws. The articles provided the states with a degree of sovereignty and independence that made it difficult for the national government to impose laws and policies on the respective states. This slowed governance since the states operated independently. The constitution brought a raft of changes that provided the national government with adequate powers to steer a holistic and uniform development of the nation. Other significant weaknesses included the fact that the national government lacked the power to tax coupled with the absence of national judicial systems. This implied that the states ran independent economies and judicial systems (Morton, 2006). The constitution on the other hand created national system of courts coupled with an effective system of taxation that enhanced the operation of the national government thereby enhancing some of the national functions. The national government could not compel the states to obey its legislations and policies. Such was a significant weakness of the articles that limited the ability of the American government at the time to solve such significant important problems as the Western problems. As discussed earlier, the articles safeguarded the sovereignty and independence of the states; this enhanced the scramble for the western lands to which a number of states claimed. The scramble for the land in the west threatened the peace and stability of the country as the various states threatened to go to war in order to take over control of the land in the west. The inability of the articles to address such a vital problem was therefore a portrayal of the weaknesses of the articles thereby justifying the need for an effective legislation such as a holistic constitution that would address every unique problem the country faced. The 1780s, often called the critical period were integral for the stability of the new nation. The nation faced dangers arising from economic crises and the resultant disillusionment arising from the collapse of the revolutionary expectations. Given the prevailing factors, leaders of the nation created environment for dramatic proposals to help direct the nation thus the drafting of the country’s constitution. Delegates from twelve state legislatures excluding Rhode Island convened in Philadelphia in 1787 (Jensen, 1940). The convention sought to draft the country’s first constitution by revising the terms of the articles of confederation. The resultant document, the Federal Constitution, presented a set of rules that would enhance the formation of the national government besides indicating the political thought of the times. The constitution proposed the formation of a strong national government that possessed authority over the states. Additionally, the constitution involved the populace through ratification in ensuring that the document presented the interests of every citizen. Among the contentious issues in the process of drafting of the American constitution included the need to increase congress. Delegates differed on how to do this given the fact that existing articles had accorded a vote for every state. The need to limit the state governments and the powers of the national governments were equally controversial since the states wanted to retain their sovereignty. Despite such, the delegates understood that just as the revolution arose from diverse, even conflicting perspectives, so did the future of the country anticipate more conflicts. In order to overcome such, were a number of comprises including the great compromise. The great compromise was integral in the union of the states owing to the contention that arose over representation in the senate. Roger Sherman presented a draft, “the great compromise”, which failed four times before it prevailed on its fifth try. The comprise state that every state would have equal representation in the senate much to the chagrin of bigger states most of which wanted representation by population (Vile, 2005). The inclusion of the bill of rights in the nation’s constitution was an equally contentious issue that threatened to jeopardize the process of creating the constitution. Maier, (2011) explain that George Mason, a delegate from Philadelphia, for example refused to approve the ratification of the constitution until it included a list of amendments that included the bill of rights that the state governments had protected all along. The conservatives who wanted a stronger national government rushed the ratification of the constitution despite the fact that it did not include any clause that protected the basic human rights. Federalists who supported the constitution argued against the inclusion of the bill of rights. in their arguments, the federalists stated that the bill of rights was unnecessary, even dangerous to the liberties of the populace. Anti-federalists on the other hand maintained that without the bill of rights embedded in the constitution, it becomes difficult for the people t remain free and enjoy their liberties even in ideal systems (Bardes, Shelley & Schmidt, 2010). The bill of rights became integral in the development of the country. It enhanced the development of democracy in the country. Different civil rights activists and critics of the government enjoyed liberties as they expressed their opinions and vouched for the rights and privileges of the vulnerable communities. The bill of rights would prove instrumental in the emancipation of slaves and in protecting the rights of women among other minority groups in the country. This proves that the bill of rights succeeded in balancing the interests of both the state and the national governments by always safeguarding the interests of the people thus the posterity of the nation. References Bardes, B. A., Shelley, M. C., & Schmidt, S. W. (2010). American government and politics today: The essentials. Boston, MA: Wadsworth Cengage Learning. Jensen, M. (1940). The Articles of confederation: An interpretation of the social-constitutional history of the American revolution, 1774-1781. Madison: The University of Wisconsin Press. Maier, P. (2011). Ratification: The People Debate the Constitution, 1787-1788. New York: Simon and Schuster. Morton, J. C. (2006). Shapers of the great debate at the Constitutional Convention of 1787: A biographical dictionary. Westport, Conn: Greenwood Press. Vile, J. R. (2005). The Constitutional Convention of 1787: A comprehensive encyclopedia of America's founding. Santa Barbara, Calif. [u.a.: ABC-CLIO. Read More