From the years 1781 to 1789, the United States of America were governed under a document known as the Articles of Confederation. Prior to the ratification of today’s United States Constitution, this paper was the layout for the federal government that united the separate thirteen colonies in their movement for independence from Britain. It was put to the test as an effective form of command by a number of problems and events that arose shortly after America gained independence from its mother country. The signing of the Treaty of Paris granted the state’s new land and a new position in the world as a nation. Various ordinances came about in the mid 1780’s to address westward expansion. The Articles of Confederation were most successful in dealing with westward expansion due to the effectiveness of the Ordinances that were drafted under it and the benefits it brought. However the Articles of Confederation were substantially less ideal in managing America’s foreign relations. Therefore, rather than fixing the existing Articles, a new constitution was required. The Convention would draft an entirely new frame of government, at last it was “drafted in secret by delegates to the Constitutional …show more content…
Convention during the summer of 1787, this four-page document, signed on September 17, 1787, established the government of the United States”.(ourdocuments.gov)
Comparison and Contrast Both the Articles and the Constitution served to maintain a free government, away from the pressures and oppression like that which was endured when the American colonies were under the control of the British crown. Also, both documents gave states the power to regulate commerce, tax citizens, make laws, and provide for a common defense. However, the fundamental difference between the Articles and the Constitution was the fact that the Articles made no provision for the new federal government to exercise any power over the individual states, especially from the standpoint of being able to collect taxes from the states, impose laws that would apply to the states, and to organize a federal army for which the states would provide soldiers. “Each state only had one vote in Congress, regardless of size. Laws required a 9/13 majority to pass in Congress” (About.com). The legislature under the articles was Unicameral called congress, while under constitution it was bicameral, divided into the House of Representatives and the Senate. Both the articles and constitution had its strength and weaknesses.
Strength and weaknesses.
Under the articles there was “no system of federal courts, No provision to regulate interstate trade, No executive with power. President of U.S. merely presided over Congress”. (Feldmeth, Greg D). Under the Articles of Confederation, states often argued amongst themselves. They also refused to financially support the national government. The national government was powerless to enforce any acts it did pass. Some states began making agreements with foreign governments. Most had their own military. Each state printed its own money. There was no stable economy.
While the Articles of Confederation had many weaknesses, it was able to accomplish much. It held the states together until the Constitution was written. It developed a fair policy for the development of the western lands. The states ceded their claims to the lands west of the Appalachians to the central government. This helped forge a feeling of national unity and congress under the Articles enacted laws to organize the western territories and admit new states on an equal footing with the original states. The Articles successfully negotiated a peace with Great Britain ending the Revolutionary War. Congressional departments of Foreign Affairs, War, Marine, and Treasury were established, each under a secretary. This set the precedent for the creation of the executive cabinets under the Constitution. The Articles also encouraged cooperation among the states.
Constitution on the other hand was written to address the weaknesses of articles, therefore it did not have many weaknesses. Some Strengths of the constitution were that under it court system was created to deal with issues between citizens, states. Congress had right to regulate trade between states. Executive branch was headed by President who chooses Cabinet and has checks on power of judiciary and legislature.
Drafting of the Constitution After the failure of the articles constitution came into existence. From the beginning the US Constitution has been called a "bundle of compromises" due to the fact that the delegates to the Constitutional Convention in 1787 had to compromise on numerous key points in order to create a new Constitution that was acceptable to each of the states. The Great Compromise and Slave Trade Compromise were among its compromises. The Great Compromise was also known as Roger Sherman plan. It was designed to be acceptable to both large and small state’s. The people would be represented proportionally in one branch of the legislature. “There would be two chambers in Congress: the Senate and the House of Representatives. The Senate would be based on equal representation and the House would be based on population”.(About.com). Those who opposed slavery in the northern states wanted to bring an end to the importation and sale of slaves. On the other hand, southern states felt that slavery was vital to their economy and did not want the government interfering in the slave trade. In the end, the North agreed to wait until 1808 before Congress would be able to ban the slave trade in the US. This was then known as Slave Trade Compromise. But the mess wasn’t over yet.
The creation of the Constitution entailed hours of debate and compromise, and even when it was completed, some delegates were unhappy with it. The task of fixing the ailing Confederate government was not complete yet; each state had to ratify, or approve, the Constitution. Basically, people divided into two groups, the Federalists and the Anti-Federalists. The Anti-Federalist argued that American people had just fought a war to defend their rights, and they did not want an intimidating national government taking those rights away again. The lack of a bill of rights was the focus of the Anti-Federalist campaign against ratification. It was all left up to Federalists to come up with strong arguments in support of constitution.
Anti-Federalist
Anti-federalists such as the Federal Farmer, Centinel, and Brutus argued that the new Constitution would eventually lead to the dissolution of the state governments, the consolidation of the Union into “one great republic” under an unchecked national government, and as a result the loss of free, self-government. Brutus especially believed that in such an extensive and diverse nation, nothing short of despotism “could bind so great a country under one government.” They also argued that it gave too much power to the national government at the expense of the state governments and that there was no bill of rights.
Federalist
Now the ball was completely in the federalist court. Federalists such as James Madison countered that it was precisely a large nation, in conjunction with a well-constructed system of government, which would help to counter the “mortal disease” of popular governments. The “dangerous vice” of majority faction. In an extended republic, interests would be multiplied, Madison argued, making it difficult for a majority animated by one interest to unite and oppress the minority. If such a faction did form, a frame of government that included “auxiliary precautions” such as separation of powers and legislative checks and balances would help to prevent the “factious spirit” from introducing “instability, injustice, and confusion into the public councils.” Federalists made Promises that a Bill of Rights would be the first priority of the new Congress which later paved the way for ratification.
Bill of Rights Several of the states were hesitant to ratify the Constitution.
New York in particular feared that ratification of the Constitution as it was written would transfer many civil liberties away from the people to a large, authoritarian government. “The issues addressed in the Bill of Rights included freedom of religion, press, speech, and assembly; the right to keep and bear firearms; the right to refuse to house soldiers on private property; the right to trial by jury and due process of law; protection against unreasonable searches and seizures; and protection against cruel and unusual punishment”. (Aboukhadijeh, Feross). These subjects would be covered in the first eight of ten amendments known as the Bill of
Rights. American Constitution was a great learning experience. Our government was forced to go through the process of trial and error which is in my opinion the best path to success. Articles of Confederation Written in 1777 and finally adopted in 1781, had its equal number of strengths and weaknesses. Although it had its advantages, but with a lack of equally divided and maintained power, there was no possible way the government could of supplied, protected and sustained the country without failure. Overall, the Federalists were more organized in their efforts. Finally, New York and Virginia approved, and the Constitution was a reality. Interestingly, the Bill of Rights was not originally a part of the Constitution, and yet it has proved to be highly important to protecting the rights of the people.
Bibliography
Aboukhadijeh, Feross. "Federalists versus Antifederalists " StudyNotes.org. StudyNotes, Inc., 17 Nov. 2012. Web. 02 http://www.apstudynotes.org/us-history/topics/federalists-versus-antifederalists-/ 05/25/13
Feldmeth, Greg D. "Articles of Confederation vs. The Constitution," U.S. History Resources http://faculty.polytechnic.org/gfeldmeth/chart.art.html 05/27/13
Kelly, Martin. “Creating the US Constitution through Compromise” http://americanhistory.about.com/od/governmentandpolitics/f/articles_of_confederation_fails.htm 05/30/13 http://americanhistory.about.com/od/usconstitution/tp/compromises-of-the-constitutional-convention.htm 05/30/13
“Constitution of the United States” (archives.gov) http://www.ourdocuments.gov/doc.php?flash=true&doc=9 05/24/13