The Major Limitations Of The Articles Of Confederation

The failure of the Articles of Confederation resulting in international weakness and domestic economic turmoil made the “Second Founding” necessary. Thus the framers sought to create a powerful national government, but also sets limitations such as the separation of powers, federalism and included a Bill of Rights to guard against the possible misuse of that power. The Constitution was more of a voice for the federal government as it established and executive which was the “energy” of the national government. (Lecture 2.2) Furthermore, it gave the national government the power to tax and regulate interstate commerce. (Lecture 2.2) Finally, a supremacy clause was added to Article VI of the Constitution. (Lecture 2.2) Therefore, the Constitution
(Ginsberg, et. al. 2014: 34) Other weaknesses of the Articles were that in order to amend the Articles, all 13 states had to agree which was a virtual impossibility and that the central government could not prevent one state from discriminating against other states in the quest for foreign commerce. (Ginsberg, et. al. 2014: 34) In conclusion, the relationship between the Congress and the states under the Articles of Confederation was much like the contemporary relationship between the United States and its member states, a relationship in which the states retained virtually all governmental powers, called confederation. (Ginsberg, et. al. 2014: 34) There was no executive or judicial authority and therefore no means of enforcing the Congress’s will and hence the states would do it for the Congress. Therefore, to prevent conflicts and turmoil between the various states and to reach to a common solution, the Constitution provided for vesting certain important powers within the federal government and not to the states. This became the constitutional basis for national control over commerce and finance, and for the establishment of national judicial supremacy and effort to construct a strong
(Ginsberg, et. al. 2014: 42) Thus with the established of a Supreme Court, conflicts between federal and state laws were to be resolved. This branch was created to check on “too much democracy” which is checking the radical democratic impulses while preventing the new national government from interfering with liberty and property.
Besides giving power to the federal government, the Constitution also took care of limiting them. For example, amending the Constitution requires approval by two-thirds of Congress and adoption by three-fourths of the states. (Ginsberg, et. al. 2014: 42) The ratification of the Constitution too required the approval by nine states. (Ginsberg, et. al. 2014: 42) Thus, all powers were not completely vested in the federal government. There was a balance and this was necessary to handle situations which could result in controversies such as one because of the full faith and credit clause regarding gay