Since its inception in 1787, the U.S. Constitution has been considered as the oldest and most influential document. It laid down the principles and foundation which helped shape U.S. as a nation, and the more than one hundred countries that used it as a model for creating their own Constitution (Constitutionfacts.com, n.a.). But the circumstances during its creation were critical. The American War of Independence (1775-1783) against Great Britain had ended with the signing of the Treaty of Paris that gave sovereignty to the U.S. in 1783. However, four years later, the United States was still not yet quite united. It was under a confederation—where the states remained sovereign and independent, and the powers of the central government …show more content…
It was considered as the first constitution of the country, which paved the way for the confederation of these sovereign states, but it provided more power to the state than the central government (The Library of Congress, 2015). After the American Revolution ended with $40 million in debt, the national government saw some weaknesses in the Articles of Confederation that hindered it from economic recovery and effective governing of a “United States of America” (Constitutionfacts.com, …show more content…
No independent executive
3. No federal courts-all laws enforced by state courts.
4. No taxing power given to Congress.
5. Congress has no power over interstate or foreign commerce.
6. Congress consists of one body and each state has one vote.
7. Amended only by approval of ALL the states.
8. Congress has only specific, delegated powers.
9. Only state governments act directly on the people. 1. People of the whole nation are sovereign--exercise of sovereignty is divided between states and the central government.
2. Independent executive chosen by electoral college.
3. Separate supreme court system, with power to resolve disputes between the states.
4. Congress has power to "lay and collect taxes, duties, imposts, and excises."
5. Congress has power to regulate commerce with other nations and among the states.
6. Congress consists of two bodies. Number in House isbased on population and each state has two Senators.
7. Amended with approval of 3/4 of states (i.e., 9/13).
8. Congress has implied, as well as specific powers.
9. Both central government and state governments acts directly on the people.
Source: factpetersen.
The only way Congress could turn a profit was and pay off its war debt was to rely on borrowing money from the states, even though the articles remained in effect, the states failed to produce the funds needed by the congress to pay off the war debts. Furthermore trade and commerce could not be regulated by congress. In fact the only way for congress to do anything such as create new laws and impose taxes was to have nine out of thirteen states agree on the
On account of Marbury v. Madison, the Supreme Court decided that they didn't have the ability to constrain President Jefferson to convey the commissions that he had solicited Secretary from State James Madison to not convey to the "midnight judges" designated by John Adams just before his term as president finished. Despite the fact that the Judiciary Act of 1789 gave the Supreme Court the ability to issue writs of mandamus, Article III of the Constitution did not permit the Supreme Court. By settling on this choice, the Supreme Court initially showed its energy of legal audit; to upset a government demonstration since they trust it is illegal. Some would contend that the force of legal audit makes the legal branch too capable, while others
4. There was no official branch to implement any demonstrations gone by Congress. 5. There was no national court framework, or legal branch. 6.
All the states except one, Rhode Island, signed the Constitution of the United States. The Constitution was ratified in 1781. It was needed because it had made America’s Government, set basic laws, and had some important rights that it granted for its citizens . The Articles of Confederation was America’s first governing document, it was very weak and gave the states to much power and allowed them to act independently. In the Articles of Confederation gave Congress way to much power but since the states were so free it could not enforce anything.
The Constitution of the United States was written in 1787, but there was a grapple for its ratification that went on until about two decades after the ratification. Members of Congress believed that the first government of the United States or the Articles of Confederation, needed to be adjusted while others did not want anything to change. After the Revolutionary War, the people did not want a strong central government, because it reminded them too much of what they were trying to escape from. Under the Articles, each state had their own laws, and the need for a new Constitution was desired by many. The Constitution of 1787 created huge debates, arguments and splits in the nation that lasted for several year after its ratification between people who
The reason Congress is given this ability is because Congress has assumed the position in order to better do its job. In many cases the Supreme Court has had to decide whether the interference of Congressional actions were constitutional, in the majority of these court cases the outcome has benefited the federal government. For instance, the case over McCulloch v. Maryland Chief Justice, John Marshall, interpreted the Necessary and Proper Clause, by conveying that the federal government (Congress) has the ability, under Necessary and Proper clause “to find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation are entrusted to its Government.”
Though there were separate sets of powers granted to the Central Government and separate sets of powers granted to the States, there were still powers that were shared among the two groups. These shared powers were the ability to tax, borrow money, set up courts, make laws, and enforce laws. The powers given to the central government were the ability to regulate trade, conduct foreign relations, provide an army and navy, declare war, print and coin money, set up post offices, and make immigration laws. On the other hand, the powers granted to the states were the ability to set up local governments, hold elections, establish schools, pass marriage and divorce laws, and regulate in-state business. As stated by one of our founding fathers, James Madison, “The different governments will each control each other, at the same time that each will be controlled by itself (Federalist Paper #51).”
Congress has the authority to declare war, which has only been done 11 times. Congress decides to use this power when they deem it necessary for the safety of the United States citizens and other reasons. Another important power that Congress has is the power to tax. It is used in order to pay debts like war debts, to provide for the common Defense and the General Welfare of the United States. Also, Congress has the power to establish post offices.
The legislative branch is also represented by Congress, which is established to create laws. The powers of Congress include collecting taxes, borrowing money, regulating commerce, declaring war, and maintaining an army. Congress is consisted of two parts, a House of Representatives and a Senate. Members of the House of Representatives have two-year terms in offices and are elected by the people, but not directly. The House is responsible to the people so that popular consent for the new Constitution is encouraged.
The Congress is the legislative power of government. It can decide the number of judges, impeach presidents, and rewrite legislation. House of Representatives and States Senate are two parts of Congress. House of Representatives has 435 delegates who come from each state. The number of delegates from each state is depends on how many people are there in that state.
Slavery in the U.S. Constitution After the Unites States declared Independence from Great Britain in 1776, they greatly feared a strong national government that would be like a monarchy like the one Great Britain had. To prevent this tyrannical government from happening in the U.S., a convention of delegates from all thirteen states were brought together to create the U.S.’s first written constitution: the Articles of Confederation. This convention was called the Continental Congress. The Articles of Confederation focused on having a federal government, or a loose alliance of the states.
The Articles of Confederation were a document seen as the “first” constitution of the United States. This document granted the new national government power to control the military, declare war, and create treaties between the states. However, the Articles had holes in it considering the government did not have the power to tax, create laws without at least nine states’ approval, or change the Articles of Confederation without a unanimous vote. This means that the country soon fell into debt and petty arguments between state, the new government had no control. It was time for a change.
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 Articles of Confederation was an agreement among the thirteen original states of the United States that served as the first constitution. The Articles had first been introduced by Richard Henry Lee in the Second Continental Congress. Although the Articles of Confederation has made its contributions throughout history, the Articles, however, did not last very long and had been proven inadequate from the very start. I agree with this statement based on the examples and analysis of the Constitution I will soon provide. The Articles of Confederation were written during a time when the American people feared a strong national government.
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."