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Us Constitution

Essay by   •  December 6, 2010  •  735 Words (3 Pages)  •  1,413 Views

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In 1781, the United States ratified the Articles of Confederation to satisfy the imperative need for unity, which was cased by the American Revolution. Due to a fear of a government that was too strong and too powerful, the Articles of Confederation was adopted to provide for a "loose" alliance between the independent states and a weak government; the new government contained many flaws and did not grant sufficient power to govern effectively. As a result, Congress should adopt a new constitution in order to solve or lessen the many problems brought about by the Articles of Confederation.

One of the greatest weaknesses of the federal government under the Articles of Confederation was its inability to regulate trade and levy taxes. For example, the government had to assess its expenses and divide those among the states on the basis of the value of land. States were then to tax their own citizens to raise the money for these expenses and turn the proceeds over to Congress. The states refused to give the government the money it needed and they engaged in tariff wars with one another, which almost paralyzed interstate commerce. The government could then not pay the $40 million in domestic debt and $12 million in foreign debts induced by the revolution. Congress was, also, unable to control commerce, making it unable to protect or standardize trade between foreign nations and the various states. Because of the government's lack of control on commerce, the states were able to set up their own trade rules and tax each other. James Madison addresses this problem in the statement, "the practice of many states in restricting the commercial intercourse with other States, and putting their productions and manufactures on the same footing with those of foreign nations, though not contrary to the federal articles, is certainly adverse to the spirit of the Union, and tends to beget retaliating regulations, not less expensive and vexatious in themselves than they are destructive of the general harmony." Madison believed that the states were trespassing on each others rights and that it is against the Union to do so.

Another weakness of the Articles of Confederation is that it legislated for states but not for individuals. For instance, the government was unable to amend problems within the articles unless it had a unanimous vote amongst the states. The government furthermore required a 2/3 majority from the states to pass laws. This requirement crippled Congress in that it had no power to create laws, therefore making it inadequate to govern the states and/or the people. The articles had neither an executive department, such as a president, nor a federal judiciary. Lacking a president, Congress was powerless to carry out laws, and

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