Constitution And The Articles Of Confederation example essay topic

"The Constitution devotes the national domain to union, to justice, to defense, to welfare and to liberty" (Maier 154). This quote, stated by William Henry Seward, displays the strength and stability that the Constitution had over the nation, and the liberty and justice it supplied for all of its citizens. Although the Constitution and the Articles of Confederation have similarities, they have many differences, which proved that the Articles of Confederation were a weaker document in comparison. It can be said that the Articles were the "rough draft" to the final living document, which significantly influenced and "ruled" our government, as it still does today. Because of their experience with Great Britain, the 13 states feared a powerful central government. For this reason, the Articles of Confederation, written in 1777, gave the states more control than the government.

The Continental Congress had been careful to give the states as much independence as possible and to specify the limited functions of the federal government. "The national government would consist of a single house of Congress, where each state would have one vote. Congress had the power to set up a postal department, to estimate the costs of the government and request donations from the states, to raise armed forces, and to control the development of the western territories. With the consent of nine of the thirteen states, Congress could also coin, borrow, or appropriate money as well as declare war and enter into treaties and alliances with foreign nations" . A problem arose early in the first years of the Articles of Confederation.

This problem was one of the main downfalls of the Articles, and one of the main reasons why the Constitution was born. This dilemma was that there were many disagreements among the states, and there could be no amendments made to the Articles unless there was a unanimous vote. It is very rare in politics to have a common idea that everyone agrees with. The small states wanted equal representation with the large states in Congress, and the large states were afraid they would have to pay an excessive amount of money to support the federal government. These disagreements also included quarrels over boundary lines, conflicting decisions by state courts, differing tariff laws, and trade restrictions between states. In addition, the states disagreed over control of the western territories.

The states with no frontier borders wanted the government to control the sale of these territories so that all the states profited. On the other hand, the states bordering the frontier wanted to control as much land as they could. Eventually the states agreed to give control of all western lands to the federal government, paving the way for final ratification of the articles on March 1, 1781 . There was no independent executive and no veto of legislation. "Judicial proceedings in each state were to be honored by all other states. The federal government had no judicial branch, and the only judicial authority Congress had was the power to arbitrate disputes between states.

Congress was denied the power to levy taxes; the new federal government was financed by donations from the states based on the value of each state's lands" . In attempting to limit the power of the central government, the Second Continental Congress created one without sufficient power to govern effectively, which led to serious national and international problems. The greatest weakness of the federal government under the Articles of Confederation was its inability to regulate trade and levy taxes. "Sometimes the states refused to give the government the money it needed, and they engaged in tariff wars with one another, almost paralyzing interstate commerce" . The government could not pay off the debts it had acquired during the revolution, including paying soldiers who had fought in the war and citizens who had provided supplies to the cause. Congress could not pass needed measures because they lacked the nine-state majority required to become laws.

The states largely ignored Congress, which was powerless to enforce cooperation, and it was therefore unable to carry out its duties. The Constitution of the United States was drawn up at the Constitutional Convention in Philadelphia during the summer of 1787 by 55 delegates and ratified by the states in 1788 . The Constitution defines distinct powers for the Congress of the United States, the president and his cabinet (who he chooses), and the federal courts. This division of authority is known as a system of checks and balances, and it ensures that none of the branches of government can dominate the others. The Constitution also establishes and limits the authority of the federal government over the states and spells out freedoms and liberties for U.S. citizens.

This was to prevent the fear of the government becoming too powerful, as it was with Great Britain. An important aspect, though, is that the Constitution gave the central government enough power to keep the nation in order while still giving the states some independence. The Articles of Confederation established a league of friendship among the states, but not a political union. Each state remained separate and sovereign, which means that they were under self-rule. The central government consisted of a one-chamber Congress, in which each state had a single vote. Congress had few powers, lacking even the authority to impose taxes.

Any congressional action and the ratification of amendments required the approval of 13 out of the 13 states. The government had no president and no central court. In improvement to the Articles, the Constitution gave congress the right to levy taxes on individuals and to regulate trade between states. An amendment would be able to be ratified by a two-thirds majority vote.

The two documents have much in common, but they differ more than they do resemble each other, when one looks at the details. Comparing them can give us insight of why the Constitution is a more functional and productive method of government than the Articles of Confederation.