United States Constitution, the Articles of Confederation, Term Paper

United States Constitution, the Articles of Confederation, the Declaration of Independence, and the Great Compromise

The Articles of Confederation was the first document attempting to govern how the newly independent states were to act together in their union. However, the Articles of Confederation had significant flaws that rendered them an unrealistic tool for the government of the new states. While not all inclusive, the following are some of the weaknesses of the Articles of Confederation: the federal government could not tax or regulate foreign and interstate commerce; each state had a single vote in Congress; there were no federal Executive or Judicial branches; Amendments required a unanimous vote; and a significant majority (9 of 13 votes) was required to pass legislation. The result of the Articles of Confederation was that the states engaged in constant bickering, which could not be resolved by the Federal government. The states failed to provide financial support for the federal government or really recognize its power, instead acting like their own countries; states each had their own currency, many states maintained their own military, and states entered into independent agreements with foreign governments. The result was a practical lack of a federal government.

The Constitution addressed the weaknesses in the Articles of Confederation by providing for a much more powerful federal government. First, the federal government was divided into three branches: Executive, Legislative, and Judicial. Each of the three branches played a unique role in governing the emerging nation. Furthermore, the Constitution not only granted power to the Federal government that it lacked under the Articles of Confederation, but also specifically granted many of those powers exclusively to the Federal government. The Constitution gave Congress the right to tax. In the Commerce Clause, it gave to Congress the exclusive right to regulate interstate and foreign commerce, which makes sense because allowing the states the right to regulate interstate commerce would have led to inevitable conflicts.It continued to require a supermajority for Amendments. Article V of the Constitution provided that "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate" (U.S. Const. Art. V). However, it did not require that they be unanimous, and specifically allowed for a straight majority for the passage of legislation.

The Constitution addressed the complaints in the Declaration of Independence most specifically through the Bill of Rights. The Declaration of Independence levied specific complaints against the King, and the Bill of Rights was intended to address these violations of natural rights. These rights include, but are not limited to: freedom of speech, freedom of the press, freedom of religion, the right to bear arms, right to jury trial, right to due process, the right to be free from unreasonable search and seizure, and the prohibition against cruel and unusual punishment, all of which were complaints in the Declaration of Independence.

One of the most pressing issues in the Articles of Confederation was the disparate size of states. The larger states felt like their citizens received….....