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Similarities Between The Articles Of Confederation And Under The Constitution

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Federalism Compare state sovereignty under the Articles of Confederation and under the Constitution. States were sovereign under the Articles of the Confederation although they shared no power under the constitution. It is the states that were supreme under the Articles of Confederation that led to the creation of a government that had a weaker national government. The executive arm of the government was not independent, and there were no federal courts since the state courts enacted all the laws (Brest, p.58). Also, neither did the Congress have the taxing power nor did it have the power to control interstate or foreign commerce. Congress was uniquely built to consist of a single body with each state having just a single vote. More so, it …show more content…

The national government was supreme, and there was a clause that that ensured there was a balanced system of power under federalism. This means that both the national government and the states shared power. The executive was an independent body with the Electoral College mandated to choose it. A separate federal court was established with the powers of resolving any disputes that emerged between the states. Congress would impose and collect taxes and also regulate the trade between nations as well as international trade. Furthermore, Congress was made up of two bodies, with the number of persons in the house dependent on population while each state would produce two senators. All amendments had to be approved by ¾ of the states. Lastly, the central and state government had direct power over the people. Explain how each of the following has been used to expand the power of the federal government over the states. Commerce …show more content…

Thus, states have minimal discretion while the federal governments have an increased discretion. It is seen that the federal government uses these mandates as a way of enforcing the states to do what the federal government wants. For example, in the Disabilities Act, the states were forced to comply with the responsibility of ensuring their colleges and universities were accessible to the people with disabilities even though the federal government offered no aid. It is therefore evident that these mandates are meant to pressure and force the states to implement policies and ensure that the federal government is in control of some of the state government aspects. The federal government has no legal obligation to fund and aid these mandates, but the state and local governments should work together to enhance

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