Not everything is done correct the first time around. Surprisingly, this is also true for America’s national government. The Articles of Confederation was the constitution of the United States for the first few years of its existence, however, it had many flaws that jeopardized said existence. These flaws included but are not limited to the fact that the national government didn't have the power to tax the states, it couldn't enforce its own laws, but rather only create them, no national currency, however each state had its own currency, a national army could be put in place, and the same goes for a national court. The voting process for each state was also an issue since each state only received one vote which was not fair to …show more content…
To solve the national government's issue of not being able to tax the states, the legislative branch was created so that it could make laws, such as the power to tax. The legislative branch also resolved each state having its own form of money by creating a national currency. Both of these resolutions are mentioned in article one section 8. This same article and section also allow congress to raise armies. Instead of requiring and unanimous vote from all of the states to amend the government, the fifth article of the constitution only requires two thirds of either the states or both houses in order to amend the government. Before the constitution was ratified, the Articles only possessed a legislative body which could only make laws and not enforce them. To counteract this, executive power, or the power to enforce laws, was given to the executive branch in article two section one. The national court is created in article three where judicial power is given to the Supreme Court and all inferior courts. Finally, the bicameral legislature made it so that representation in the lower house of congress was based on population and in the upper house, each state received two votes. Thus, the system is more fair to both large and small
The government under the Articles of Confederation lacked a means of enforcing laws and exerting power over the states. As a result, delegates at the convention agreed upon creating a government comprised of three separate branches - legislative, executive, and judicial. Each branch had a functionality that was later specified in the document, and distributed central powers evenly to lessen debate. States were concerned that government would strive away from serving the people over time, and this led them to create more even distribution. The issue of unequal distribution among branches was solved with the creation of a system of checks and balances.
As James Madison argued in Federalist Paper #51, reserving some powers to the states will help them keep the national government in check (Document A). The states hold the elections, so they can prevent the national government from limiting who gets to vote (Document A). There are separate powers reserved for national government, like regulating trade, that allow it to keep the states in check (Document A) Those that they share, like taxes, allow both to limit the other (Document A).
The Articles of confederation was ratified during the American Revolution and established a one house body of delegates, with each state having a single vote. It was also the first written Constitution in America and set an example of what not to do in future constitutions. Today, the Articles are commonly thought to have a poor framework and a weak central government. Because of this, there were many controversies that came from it. Many people disagreed with it, but there were also people who strongly agreed with it.
When creating the Constitution, the framers feared that the national government had been given too much authority. They incorporated Separation of Powers, Checks and Balances, and Federalism in the Constitution to prevent this possible issue. These concepts and philosophies are an important part of our constitutional framework, and serve a valuable role in our government. In Articles I through III, the Constitution lays out the instructions for the three branches of government.
As it applies to the Articles of Confederation there were many weaknesses in the way it went about governing the United States. For one, the loose federation of the states was too weak to act as a foundation to be considered or act as a central government. In addition the state legislatures had too much power and in turn had the ability to influence economic issues of all kinds. This strong legislature is the same one that allowed for mob ruling and actions by debtors. The Articles of confederation were also weak because the required congress to have all 13 colonies in agreement when a new tax was to be passed.
The Constitution was originally divided into seven articles. The first article in the Constitution grants the Legislative Branch its powers along with its limitations. It states that the Legislative Branch- also known as Congress- is divided into two houses: the House of Representatives, and the Senate. Congress has the authority to manage money by taxing, borrowing money, and regulating trade. Additionally, other important powers Congress incorporates is the authority to raise armies and preserving the navy.
One of the first items that came from the Constitution was the Congressional (Legislative) Branch. The founding fathers of the United wanted to have a bicameral legislature, or two chambers, to represent the people. These two chambers came to be the House of Representatives and the Senate. Each one has different total number of members, different qualifications needed to be met to run, different leadership roles, and exercises in political power.
In article one section eight this was addressed by changing it so that congress has the power to set and collect taxes while regulating commerce among the states and along with foreign nations. Article one also addressed the issue of no power to control
Before the constitution, people had the understanding of a union, but they were more overwhelmed by their insecurities for a strong dominating power. Under the fear of a tyranny gaining power, the earliest 13 states created the Articles of Confederation as the first framework of a national government, which gave the National Congress little power over the practicality of leadership. The nation was chaotic. Madison, a member of the Continental Congress, reacted to the situation through The Federalist Papers he participated in writing. Particularly, the principles of Federalist 10 and 51, complementing the shortcomings of the Articles of Confederation, was sufficient enough to eliminate the abuse of liberty and the arising tyrannies within the
The Articles of Confederation was the first constitution for the Americans, but it had a negative impact overall on the newly formed nation. According to the article, “Articles of Confederation”, it mentions that in the Articles of Confederation, there is a rule that says that the states can only tax the colonists. This resulted in the central government never having any money that they need to pay off debt, which are mostly to soldiers, and they have to hope that the states give them money, but they usually do not,and that is bad. In addition to that, the article, “Articles of Confederation” also claims that another rule written in the Articles of Confederation is each individual state could make their own law and they did not have to follow
The government didn’t want to create a tyranny, so they thought giving the country their own amount of power would help. Instead people broke laws left and right, and when someone went to court for a crime, each system was different. Meaning that each state had it’s own approach, so you could be charged as guilty in one state, and innocent in the next. This is shown in the drawing Rough Sailing Ahead by McDougal Littel. It depicts waves such as “No national court system,” and “No power to create taxes,” as one of the problems faced under the Articles.
The Articles of Confederation was first drafted by congress in 1777, at the federal level. There were no executive branches except the states. The states have all the power and right. The strength of article was the legislative body, congress as the highest power in the nation because of the fear of monarchy. The major weakness of the article was the lack of power given to the Continental Congress.
These authorities that the national government should have, were all up to the states to decide under the Articles. With the taking away some of the states rights in the Constitution, Anti-federalists feared that this would leave the states too weak, resulting in more problems. Under the new Constitution, many powers that were now in the government 's hands are: the power to levy and collect taxes, the power to regulate interstate commerce, the government set up a national court system consisting of district, circuit, and a supreme court, the government could enforce laws, there was now a house based on population, and a senate based on equal representation (two votes per state), to amend the Constitution, a ⅔ vote of Congress was needed, and a ¾ vote of the states were needed, and a majority rule was needed to pass bills. These new powers and abilities of the national government helped to create a strong, new
The first article of the Constitution says "ALL legislative powers...shall be vested in a Congress." The second article then reads "the executive power...in a President." The third article gives the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress...may establish."
For Article I of the constitution, it addresses the legislative branch, which is made up of the Senate and the House of Representatives. Together these 2 make Congress. This article goes over how people can get elected into these bodies and what powers and limitations Congress has. Some of the powers Congress has is that they are allowed to borrow money for the nation, raise a military, and declare war. Some of the powers that the Senate has is the power to try all impeachments and choose their other officers.