The Weaknesses Of The Constitution

The Founding fathers did not want to create a government with too much power so they created the Articles of Confederation. This government turned out to be a failure. In 1787, the founding fathers met again to create a new framework of government. Most people feared creating a government that was too strong. To create a new government there had to be many compromises, the U.S. Constitution is the result of these compromises reached in Philadelphia in 1787. The Articles of Confederation were too weak and created many problems which led to a stronger National government. Two weaknesses of the Articles of confederation were that Congress did not have the power to tax. Another problem was that the states had most of the power and the National Government had little power. Two decisions made by the

The Articles of Confederation and the Constitution are two very important guidelines of government that shaped the political minds of the Americans. Mainly because these guidelines limited, or expanded the powers of the executive, legislative, and judicial branch. The Articles of Confederation were a series of laws that gave more power to the state government than the federal government. As a result, the federal government could not enforce laws or levy taxes. After Shay’s Rebellion, the Founding Fathers realized that a change was necessary. So the Constitution was created. The most important change of the Constitution was that the majority of power was then shifted into the hands of the federal or central government. This allowed the federal

In May 1787, the Founding Fathers, who were made up of 55 delegates from one of the 13 states besides Rhode Island, met in Philadelphia for what would come to be called the Constitutional Convention [BRE]. When they met they intended to fix the consitution that was already in place, which was called the Articles of Confederation. This document had many weaknesses which ultimatly led to its downfall: it only had a legislative branch, so it could not hold trials or enforce laws, it could not raise taxes (it was able to raise money, however to do this the legislative branch had to ask the states for funds), it could not draft an army, so the federal government would have to use state militia, it could not control interstate or foreign commmerce,

During the era or time in which the Articles of Confederation were in place, the document had a lot of weakness; maybe too many weaknesses. These weaknesses included: It had created a struggling economy, had no Judiciary, only had a legislature (Congress), no executive (President), and gave too much power to the states or the people. A weakness that the Articles had been that the people thought that the government would help with the economy. This caused a struggling economy, and that had a lot of consequences like Continental Army marching against the government for

After fighting for our country against Great Britain in the American Revolution, the United States gained independence. We had to figure out how to govern ourselves since we would no longer be under the power of the monarch. The Articles of Confederation was the answer to our problems; even though it established a very weak central government and had many problems, it was our first constitution and our first step towards a solid government. Some of the problems with the Articles included that the Congress had no power to tax, no power to regulate commerce, no power to regulate domestic affairs, no power to enforce laws, and many more. The problems lead to troubles with the States which convinced the Continental Congress to create a convention of delegated people to revise them; this convention was called the Constitutional Convention. The Convention fixed these problems by throwing the Articles out altogether and creating a new Constitution.

“In November 1777 the Continental Congress adopted the Articles of Confederation, the United States first written constitution.”(Ginsberg, et. al. 2014: 35). The Articles of Confederation played a big role in the drafting of the United States’ new constitution. The articles were our United States’ first written governing document. The Articles of Confederation solved some problems by creating at least a minimal amount of government at the time, but it also created some problem for our country because we did not have enough government. As time went on, the Founding Fathers found the issues with the Articles of Confederation, sought ways to solve those issues, and created the Constitution as a lasting governing document.

The Constitution was created so one person or group wasn’t able to get too much power. At first, the Articles of Confederation was made. The Articles of Confederation was not working because the central government didn’t have enough power to protect the nation. The Constitution was made in order to hold the states together and the people together, and make sure the government doesn’t gain too much power. The Constitution guards against tyranny. Tyranny is “The accumulation of all powers…in the same hands, whether of one, a few, or many” (Federalism Paper #47). The Constitution guards against tyranny by separation of powers, creating federalism, and having checks and balances.

The Articles of Confederation, although a big first step, had more weaknesses than strengths. In fact, the major downfall of the Articles of Confederation was its weakness. Under the Articles, the federal government had little power and was too weak to enforce any laws. The Articles gave Congress the power to pass new laws but they did not have any power to enforce them. If a state decided that they did not want to follow a law then they could just ignore it. Congress also had no power to regulate trade or levy taxes and without an executive leader or federal court system there was no way to enforce anything. Another large downfall of the Articles of Confederation is that to Amend it required a unanimous decision which in most cases is extremely difficult. Because the Articles of Confederation are often considered a failure, it’s easy to look past the achievements of the American government under those Articles. The most important piece of legislation passed under the Articles of Confederation is the Northwest Ordinance of 1787. This Ordinance provided the guidelines by which new states would use to be admitted into the Union. Judges and Governors appointed by Congress would oversee a territory until there was five-thousand free male citizens of voting age. The citizens would then elect a territorial legislature, which sent a non-voting delegate to Congress. When the population hit sixty-thousand, the territorial legislature would be eligible to submit a state constitution,

The Constitution guarded against tyranny by giving the states individual freedom. To become a new nation the colonists needed some form of government, so they formed the Articles of Confederation. The Articles of Confederation was the first plan of government for the United States beginning during the Revolutionary War, but it had many weaknesses and just wasn't working for the people. One weakness the Articles of Confederation had was that there was no court system.   Another weakness was that the central government could not force a state to pay taxes.

The Articles of Confederation was the United State’s first constitution, it was written in an effort to unite the states after the American Revolution and served as a blueprint for the modern constitution. In order for the Articles to become official, they had to be approved by all thirteen colonies. Although Congress sent the Articles of Confederation to the states around the end of 1777 to become ratified, they were not officially adopted until March 1, 1781. Under these Articles, the states remained sovereign and independent, with Congress serving as the last resort on appeal of disputes. The American people feared a strong national government and as a result of this, the Articles of Confederation were specifically designed to be weak in the sense that each state maintains its own sovereignty and all rights to govern themselves, with the except of the rights exclusively granted to Congress. Since the Articles lacked many necessary components to keep a nation properly structured, they were eventually revised into the constitution we recognize today. Although, the Articles of Confederation seemed as though it only contained weaknesses, within the document, many strengths and accomplishments were made. Overall, the Articles of Confederation were proven to be both efficient and non-efficient during the time period they were in effect.

“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.

The constitution first started to provide protection over tyranny in the summer of 1787 where fifty-five delegates met in Philadelphia to help readjust the national government for the better. The task of each representative was to come together to create ideas without letting one person or any one group be in hold of too much power in order for the central government to grow stronger. The constitution had help led by the Articles of Confederation with their influence on not having a court system to make the state force a pay on taxes. The main challenge was to generate a Constitution that would be strong enough to retain possession of power for each state to a minimum so not a single person was the only one to have power or control. The guard on tyranny was supported in 4 ways federalism,separation of powers, checks and balances and small/large state compromises.

One of the main problems with the constitution is what some may argue that the role of the president was not very thought of and linked to the constitution, therefore jeopardizing the nation to a dysfunctional and dangerous presidency. Throughout the history of American government, there have been a couple presidencies which have managed to gain high power and disregard the wellbeing of the nation, behave inappropriately and even unconstitutional.

The failure of the Articles of Confederation help the founders to create a more stable government system with the Constitution. The flaws in the Articles helped them make changes that made the new system very effective. Under the Constitution, Congress had a right to levy taxes (Feldmeth). This fixed the problem of the government always running short on funds because they could only request taxes from the government. They were also able to raise an army to deal with threats, something they were not able to do under the Articles. States are more evenly represented under the Constitution instead of being

Before the creation of the new constitution in 1787, the Articles of Confederation served the new nation. This document was not as comprehensive as the constitution as it was made hurriedly and did not resolve most of the early issues of the republic. Compared to the new constitution the Articles of Confederation gave congress a lot of power which left the national government weak on matters such as tax regulation, foreign policy, and the armed forces. The weakness of the government was seen to threaten the stability of the new nation, this situation together with some issues led to the Constitutional Convention. The Articles of Confederation was considered weak in some ways when compared to the constitution. These weaknesses include (Yazawa, 2016):