Introduction
The United States has been governed under two constitutions, the Articles of Confederation and the Constitution in use today. The Articles of Confederation were the original written constitution. It started being operational from the time when Maryland State ratified it, to be precise, on March 1, 1781, and lasted up to when the present Constitution replaced it. It created the initial administrative structure bringing together the thirteen states, which had participated in the American Revolutionary War. Ideally, this constitution comprised the terms by which these thirteen states agreed to join a federal form of government. It is vital to note that each of these states retained its independence, freedom, and sovereignty. Nevertheless, the Articles of Confederation had several weaknesses and faults, which contributed to its replacement by the current Constitution. Specifically, the present Constitution sets forth a much more extensive system of governance, establishing the checks as well as balances among the executive, legislature, and judiciary. The present paper focuses on both the Articles of Confederation and the Constitution. In particular, it compares and contrasts the two documents and elucidates why the former was replaced by the latter.
The Articles of Confederation have some things in common with the existing U.S. Constitution. First of all, the two documents are constitutions of the United States. Both the Articles of Confederation and the current Constitution are federal documents used in governing the country but in different periods. The latter is currently in effect. In essence, the Articles of Confederation were a written agreement among the thirteen states and the original Constitution of the United States. These articles were the foundation of the federal government of the United States in the course of the American Revolutionary War. Six drafts of this constitution were prepared before the Congress adopted them on 1777. The States had approved the Articles of Confederation by 1781. The current Constitution is the basis of the contemporary national government just like the Articles of Confederation were prior to 1788. Ideally, this governing document sets forth the U.S. fundamental laws. Also, it defines the liberties and rights of the American people besides defining the way the government ought to be formed. Interestingly, the two documents have been recognized as the constitutions of the United States.
Additionally, both the Articles of Confederation and the current U.S. Constitution set up a democratic country. The official name of the country under the Articles of Confederation was the United States of America. Even though not specified, the country is also referred to as the United States of America in the Preamble of the Constitution. There is no any provision for an aristocrat of a monarch in both the Constitution and the Articles of the Confederation. These governing documents establish democratic governments in which the citizens have the right to elect the leaders to represent them in the legislature. In fact, both documents set forth the term limits for various offices in the government. They both have the legislative branch of the government. What is more, the basic principles of democracy are present in both the current Constitution and the Articles of Confederation. The two documents talk about the division of power among different levels of government, namely, the national and state governments.
The other similarity between the Articles of Confederation and the Constitution is that both had the legislative branch. The Congress had the power to regulate western territories, establish a postal department, make laws, request aids from the states, and estimate the government costs under the Articles of Confederation. It could also borrow or coin money, form alliances and treaties, control trade with the Americans, as well as make peace and declare war with the consensus of nine states. Nonetheless, this Congress was not powerful like the current Congress. In essence, under the current constitution, the United States Congress has the power to declare war, try and impeach federal officers, declare war, investigate and offer oversight, and approve the presidential appointments, among other functions. Besides, the current Congress represents the people, makes laws, and conducts foreign relations as it was also the case with the Congress under the Articles of Confederation.
Furthermore, there are some similarities between the roles of the federal government in the two governing documents. Both the Constitution and the Articles of Confederation give the federal government the power to issue money as well as make treaties and alliances. The federal government also is given the responsibility of foreign affairs by the two documents. Nonetheless, the current Constitution gives some of these powers to a particular group of individuals within the national government. The government under both documents also can declare war on the other nations, borrow money, and establish an army. Also, both governing documents call for peace within the United States. They also require the states to treat the citizens from other states fairly.
There are numerous differences between the current Constitution and the Articles of Confederation. The differences between the two documents are much more than the similarities. One of the key distinctions between the two governing documents is how they set up the legislature. Under the Articles of Confederation, the legislature was unicameral. In other words, it was a one-house legislature referred to as the Congress. Compared to the current Congress, the Congress set up by the Articles of Confederation was weak. It lacked most of the powers that the current Congress has. The constitution set up a bicameral legislature/ Congress comprising a lower house, that is, the House of Representatives, and an upper house, namely, the Senate. Both these houses of the legislature have equivalent but exceptional roles in the national government. They were established to help in balancing the interests of both the large and small states. Under the Articles of Confederation, each state had two to seven members in the Legislature/Congress. In contrast, under the current Constitution, each state has an equal voice in the upper house. Besides, the representation of the state in the lower house depends on its population size.
Additionally, the national governments established by the two governing documents also differ greatly. The national government created under the Articles was weak. It was a unicameral government comprising only the Congress. It is vital to note that this government was weak because the thirteen states, which had fought in the American Revolutionary War were afraid of a powerful central government like the colonial government. The Articles of Confederation specified the limited functions of the national government. In essence, the powers of the national government under this governing document were fully centered in the Legislature. However, the national government under the current Constitution is strong. It comprises three independent branches, to be exact, the judicial, executive, and legislative. The legislative branch of the national government comprising the Senate and House of Representatives makes the law. The executive carries out the law while the judicial interprets it.
The powers of both the national and state governments also differ under the Articles of Confederation and the present Constitution. The national government under the Articles of Confederation had the power to receive and send ambassadors, raise an army, build a navy, make peace and war, create a monetary system, borrow money, and make treaties, among other functions. Under the current Constitution, the national government has additional powers such as the powers to collect taxes, regulate immigration, give diplomatic regulation to states, and deport aliens, among others. However, the constitution does not give the federal government the power to levy duties on the exports and deny freedom of religions. The States had the power to borrow money, maintain a navy and an army, make peace and declare war, create a postal service, and make treaties with other nations under the Articles of Confederation. Nonetheless, they were denied the power to coin money and enter into an alliance or confederation. Some of the reserved powers of the states under the constitution include regulating and permitting types of gambling, licensing, and dealing with divorce/marriage issues.
Moreover, the mode of election in the Articles of Confederation differs from the mode of election in the current constitution. Each of the thirteen states had only one vote in the legislature/Congress under the Articles of Confederation. However, the state was represented by one to seven delegates. Besides, the president served for only a year. The maximum number of terms of office for the president were three. What is more, the Legislature mainly elected everything. The delegates were appointed yearly by the state legislators. Under the current Constitution, the electoral colleges are used in the presidential voting. Ideally, the maximum presidential terms under the contemporary constitution are two each comprising four years. Besides, there are few governmentally appointed positions in the current Constitution. The individuals vote leaders to represent them at the national, state, and local levels. As already mentioned, the delegates under the Articles of Confederation were appointed every year by the state legislators. Nonetheless, under the Constitution, the state legislators choose the senators and citizens elected the Representatives. The Senators are elected for a six-year term while Representatives are elected for two-year terms.
Furthermore, the disputes between the states under the Articles of Confederation were resolved differently from how they are resolved under the current Constitution. In essence, under the Articles of Confederation, the Congress was the adjudicator of the disputes that occurred between the states. Ideally, it was the final judge of jurisdictional, and boundary, among the other disputes that occurred among the thirteen states. Besides, the Congress was authorized by the Articles of Confederation to create the courts for the trial of offenses and piracies. It was also given the power to settle the private disputes over the contradictory land grants from the states. Under the Articles of Confederation, only the States’ Courts existed. These courts retained the jurisdiction over the criminal and civil cases. In fact, there was no national judicial branch. However, the constitution established the national judiciary that is headed by the Supreme Court. Consequently, this court replaced the Congress as the adjudicator of the disputes between the states. In other words, the conflicts between the states are now resolved by the Supreme Court.
What is more, the requirement for the amendment of the Articles of Confederation was different from the requirement for the amendment of the current Constitution. The Articles of Confederation were only amended when all the states agreed to do so. In other words, the Articles could be amended only by the consent of all the thirteen states. Besides, under the Articles of Confederation, the approval of nine out of the thirteen states was required for any major law to be passed. The successful amendment to the current constitution does not need the approval of all the states. Instead, it needs the approval of two-thirds of both the upper house, the Senate, and the lower house, the House of Representatives plus three-quarters of the state legislators. Under the current constitution, the President’s signature and fifty percent plus 1 of both the House of Representatives and the Senate are required for the successful passing of the laws.
The weaknesses present in the Articles of Confederation facilitated their replacement by the current U.S. Constitution. Consequently, we moved away from the Articles because of these weaknesses. Specifically, the Articles of Confederation established a national government, which gave the States excessive power. The Articles of Confederation drafters did not want to create a strong national government like that of England. They, thus, ensured that the power of the states was more than that of the federal government. Consequently, under the Articles of Confederation, the federal government was politically ineffective and very weak. It almost went bankrupt and failed to maintain the national unity. The federal government was made up of only one branch, the Congress. It did not have the judicial and executive branches. The national government was not allowed to manage foreign affairs, adjudicate disputes properly, or regulate interstate commerce in the Articles of Confederation. Thus, the disputes between the states were not solved effectively. Also, this government did not have the power to collect the taxes. As a result, it was hard for it to pay the soldiers and carry out other responsibilities. It also did not have the commercial power.
The main problems that occurred due to the lack of a strong federal government in the Articles of Confederation included the legislative inefficiencies, the absence of central leadership, and economic disorganization. The Congress formed when the Articles of Confederation were in use was inefficient as it was very difficult for the laws to be passed. Besides, it was hard for the amendments to be made. In fact, there were more than three failed amendment attempts to the Articles of Confederation. The Articles of Confederation also contributed to the lack of central leadership. The weak federal government set up by the Articles of Confederation was unable to deal with both the external and internal threats. There was economic disorganization also because the federal government did not have the power to tax, and control the foreign or interstate trade.
The Constitution responded to the issues described above and others by establishing a much more expansive governance system. In essence, this system comprised three equal branches of government each with separate and unique powers. The Constitution gave the new bicameral legislature the power to levy taxes and the judicial the power to enforce as well as implement the congressional laws. Besides, the Constitution rebalanced the power between the States and national government. The constitution gave the federal government greater authority and power. It facilitated the creation of central leadership. The Constitution instituted safeguards to keep the power it had given the national government in check.
Bibliography
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