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The Similarities And Differences Between The Articles Of Confederation And The Constitution

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After declaring independence from Great Britain on July 4, 1776, the American colonies needed to establish a frame of government so that they could effectively operate independent from their former rulers. Immediately, drafting began at the Continental Congress and in 1777, their drafting was completed, with ratification from all states finally in 1781. However, it was quickly replaced by the Constitution in 1787. Differences between the two documents have affected how each is both successful and unsuccessful, all while affecting and controlling everyday operations for the government. A major issue with the Articles of Confederation was the nature in which it came into existence. The states were still fighting a seemingly unwinnable war, so …show more content…

“Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.” (U.S. Articles of Confederation, Article II) This article reflected the resent that the newly independent colonists held for the British Monarch. Hatred of autocratic rule and central power forced the drafters of the government’s template to enact a weak national government, without both judicial and executive branches. The absence of these two powers in the government made it nearly impossible for Congress to enforce acts, leading to states taking actions that only directly benefitted themselves, especially financially. (Kelly) Instead of creating an era of national pride following the recent victory in the Revolutionary War, the Articles of Confederation helped create a of extreme state pride and desire for sovereignty. The Constitution, on the other hand, effectively addresses the lack of central strength in the first and second articles. Article II creates an executive branch, led by the president, that is composed of central departments with the ability to enforce policy established by Congress and the president himself. (US Const. art. II) Article III establishes a national judicial branch with supreme power over state courts. The courts have the power to interpret …show more content…

“In determining questions in the United States in Congress assembled, each State shall have one vote.” (US Art. of Conf. art V) Originally, states had only one vote for Congress, which made each state’s vote equal to another. However, this is an extremely undemocratic policy, as a state with fifty thousand has the same say as one with only one thousand. Essentially, one vote is fifty times more powerful than the other. The Constitution addresses this problem by having a bicameral legislature, with the House of Representatives based off population and the Senate being two for all states. (US Const. art. I, sec. 2 & 3). Another problem that the Articles was faced with was the lack of ability to tax the states. Taxation without representation was a major concern for the colonists, as they had experienced it under British colonialism, so Congress was not granted the ability to levy taxes. Any funding needed for “common defense or general welfare” was to be supplied by the states into a “common treasury”. (US Art. of Conf. art. VIII) Unfortunately, the states were not altruistic enough to donate money to the federal government, so the federal government quickly went broke, unable to repay war debts from the Revolutionary war. Congress’ financial struggles during the Articles of Confederation helped drafters of the Constitution see that the power to tax was

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