Describe the problems that surfaced under the Articles of Confederation (8-10 problems we discussed in class) soon after the Revolutionary War. Use these problems and give a brief overview of Article I, II, III, IV, V, VI and the Bill of Rights of the U.S. Constitution and explain how each of these sections of the U.S. Constituion attempts to address the problems under the Articles of Confederation.Close with an explanation of how the Constitution can be amended (there are two ways) and the role the U.S. Constitution plays in establishing the concept of the "rule of law" in American government and society.
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Under the Articles of Confederation, several problems surfaced soon after the Revolutionary War. Some of these problems discussed in class include:
1. Weak central government: The Articles established a weak central government that lacked the power to enforce laws or regulate commerce effectively.
2. No executive branch: There was no executive branch to enforce laws or provide leadership.
3. No national court system: The Articles did not establish a national court system to interpret and enforce laws uniformly.
4. Lack of unity: The states acted as independent entities, often pursuing their own self-interests rather than working together as a unified nation.
5. Inability to levy taxes: The central government had no power to levy taxes, forcing it to rely on voluntary contributions from the states.
6. No regulation of trade: The Articles did not provide for a unified trade policy, leading to economic conflicts and difficulties conducting trade among the states.
7. Difficulties in amending the Articles: The Articles required unanimous consent from all states for any amendments, making it difficult to address the shortcomings of the system.
8. Inadequate defense system: The central government lacked the ability to raise and maintain an army, leaving the nation vulnerable to external threats.
To address these problems, the U.S. Constitution was created, providing a stronger framework for the new nation. Let's overview the relevant sections of the U.S. Constitution:
Article I: This establishes the legislative branch, consisting of the House of Representatives and the Senate. It grants Congress the power to levy taxes, regulate commerce, and maintain a military, addressing the problems of weak central government, inability to levy taxes, and an inadequate defense system.
Article II: This establishes the executive branch, headed by the President. It grants the President powers to enforce laws, negotiate treaties, and act as the commander-in-chief of the military, addressing the lack of executive branch under the Articles.
Article III: This establishes the judicial branch, providing for the creation of federal courts and a Supreme Court. It allows for the interpretation and enforcement of laws uniformly, addressing the absence of a national court system.
Article IV: This outlines the relationship between the states and the federal government, guaranteeing the states a republican form of government and ensuring that the federal government protects the states from invasion. It aims to address the lack of unity and the difficulties in regulating trade.
Article V: This outlines the process for amending the Constitution. Amendments can be proposed either by Congress with a two-thirds majority vote or by a convention called by two-thirds of the states. Amendments must then be ratified by three-fourths of the states to become part of the Constitution.
The Bill of Rights: The first ten amendments of the Constitution, known as the Bill of Rights, address individual rights and provide further protections against the potential abuses of power by the federal government.
The Constitution can be amended in two ways: through a proposal by Congress with a two-thirds majority vote, followed by ratification by three-fourths of the states; or through a convention called by two-thirds of the states, with subsequent ratification by three-fourths of the states. This allows for changes to the Constitution as society evolves and new challenges arise.
The U.S. Constitution plays a crucial role in establishing the concept of the "rule of law" in American government and society. It sets the framework for the distribution of powers, protects individual rights, and provides a system of checks and balances to prevent the abuse of power. The Constitution ensures that all individuals, including those in positions of authority, are subject to and bound by the law, promoting stability, order, and fairness in American society.
During the post-Revolutionary War era, the United States operated under the Articles of Confederation, which established a weak central government. However, numerous problems arose due to the limitations of the Articles. Here are eight to ten problems that we discussed in class:
1. Lack of central authority: The Articles provided for a weak central government, with most power residing in the states. This resulted in difficulties in enforcing laws and resolving disputes.
2. Inability to tax: Under the Articles, the central government had no power to levy taxes, leading to financial crises and an inability to fund the government or pay off war debts.
3. Inefficient trade regulation: Each state had its own trade regulations and tariffs, resulting in economic disputes and barriers to interstate commerce.
4. Lack of a common currency: Without a central authority to regulate currency, each state had its own currency, leading to confusion and difficulty in conducting commerce.
5. Inability to regulate interstate disputes: The Articles did not provide a mechanism to resolve conflicts between states, leading to tense relations and potential for violence.
6. Limited defense capabilities: The central government could request funds and troops from the states but had no power to compel them, resulting in a weak defense system.
7. No executive branch: The Articles lacked an executive branch, resulting in a lack of leadership and coordination during times of crisis.
8. Difficulty in amending the Articles: Amending the Articles required unanimous agreement among the states, making it challenging to address any shortcomings or adapt to changing circumstances.
With the weaknesses of the Articles in mind, the framers of the U.S. Constitution sought to address these issues. Let's briefly overview Articles I, II, III, IV, V, VI, and the Bill of Rights:
- Article I: Establishes the legislative branch (Congress) with more powers than the previous under the Articles. It grants Congress the authority to levy taxes, regulate trade, coin money, and make laws necessary for the functioning of the country.
- Article II: Establishes the executive branch, headed by the President, providing for a strong central figure to enforce laws, execute foreign policy, and take charge of the military.
- Article III: Establishes the judicial branch, including the Supreme Court, to interpret and apply the law, ensuring a fair and unbiased judicial system.
- Article IV: Addresses the relationship between the states, guaranteeing the protection of rights for citizens in each state and outlining the process for admitting new states to the Union.
- Article V: Describes the process of amending the Constitution, providing a flexible mechanism to adapt to changing circumstances. Amendments can be proposed by either two-thirds vote of Congress or through a convention called by two-thirds of state legislatures. Ratification by three-fourths of states must follow any proposed amendment.
- Article VI: Establishes the Constitution as the supreme law of the land, overriding any conflicting state laws or constitutional provisions.
- Bill of Rights: The first ten amendments to the Constitution collectively known as the Bill of Rights address individual rights and liberties, protecting them from infringement by the government.
The Constitution's amendment process allows for changes to be made according to evolving societal needs. Amendments can be proposed by either Congress or a convention called by the states, and they must be ratified by three-fourths of the states. This process ensures that the Constitution remains a living document that can adapt to the changing needs of the nation.
The U.S. Constitution plays a vital role in establishing the concept of the "rule of law." This principle ensures that all individuals, including those in government, are bound by and accountable to the law. The Constitution outlines the structure of the government, the limitations on its powers, and the rights and protections afforded to individuals. By establishing a framework for governance, the Constitution ensures that the rule of law prevails over arbitrary decisions and ensures the protection of individual rights. It serves as the foundation for American government and society, promoting stability, accountability, and the fair treatment of all citizens.