Comparison of the US Constitution and the Articles of Confederation Essay

Introduction

After the American Revolution, the Articles of Confederation became a hot topic among Americans. They were encouraged by the victory over the European crown and claimed that the Articles of Confederation was not adequate in governing the central authority. It lacked an executive power. It also lacked the judiciary branch, which meant that disputes could not be arbitrated adequately. In the latter 18th century, the country was governed by international treaties. Individual states broke the treaty, and the republic found itself in a diplomatic bind. These problems were addressed by the US constitution. This paper will explain the differences and similarities between these two articles.

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Similarities

The Articles of Confederation as well as the US constitution were considered to be the official laws. It was therefore followed by all the states. They were also created by the congress. The central government that regulated the money's value was responsible for their creation. These documents show similar federal roles regarding foreign countries. These documents state that negotiations with foreign countries should only be handled by the central government. Activities such as sending and receiving ambassadors, diplomatic missions and signing international treaties all take place at a central level.

The two articles give Congress the power to declare or wage war. Individual states could recruit and levy militias during wartime, but this falls under the control of the federal government. Both documents have term limits that limit the time you can hold government offices. In the Constitution, for instance, representatives are limited to two years in legislative office, while senators have a term of six years.

There are differences

Both documents codified law in a different way. Articles of Confederation established a unicameral government. It had a weak central government but a strong independent state and one legislature. This system gave the voting power to state committees. The Constitution created a bicameral legislature. This allows for one vote to elect one legislative representative based on the census population. It has a strong central government, with some reserved powers for the states.

Articles of Confederation were based on lax union. It had no executive roles or positions. The Constitution, on the other hand, consolidated authority by creating an executive branch. This position was responsible for public scrutiny and provided a figurehead within the government department. These documents differed in the serving term limits. The term of office of the legislator is limited to three years in confederation, while the US constitution does not have a limitation period for the legislature.

The structure of these two documents is different. Articles of Confederation only have Congress, while Constitution has the judiciary (supreme and federal courts), congress, and president. Both documents give Congress the power to regulate trade, declare war and make treaties, lend and coin money, and make law. The American Constitution does not have the power to tax or regulate trade.

The US Constitution has two houses: the House of Representatives (the Senate) and the House of Representatives (the House of Representatives). Each state is represented in Congress by two members (Kollman 28,). In Confederation, however, the legislature was composed of an unbranched Congress, consisting of between two and seven people. The Constitution system allows for representatives to be elected by popular vote. The Article of Confederation allows states to appoint members to the congress.

Comparable to the Confederation Article, the American Constitution has a much more expansive governance system. Because it balances and checks the three branches of government (Maggs 337), this is important. It also clearly identifies the relationship between the federal government and the states. This structure is the basis for the Bill of Rights. These amendments laid the foundation for civil liberty that Americans enjoy today. Constitution has enabled reforms based on democracy. The Constitution did not allow for a Bill of Rights to be demanded by the people. This was because the government had no power to alter the rules.

The Articles of Confederation unites 13 states: Connecticut, Massachusetts-bay and Rhode Island. If they desired, Canada could be admitted to the United States. These 13 states were adopted into the American Constitution. It does not permit Canada to join the Union at all.

The American Constitution

The current American constitution is divided into three parts. Preamble is the introduction to the constitution. It explains the purpose and goals for the federal government. Next, the main article is made up of 7 articles. This section describes the government's setup. The last section includes the 27 amendments to the constitution, which describe the changes that have been made over time.

Seven articles make up the Constitution. The first outlines the lawmaking process, while the second clarifies presidential powers and the third interprets laws. The fourth article explains the relationship between states and national governments, while the fifth explains when these rules may be modified. The sixth article proclaims the Constitution the "supreme law of the land" and the last describes the process of constitution ratification.

Articles of Confederation

There are thirteen articles in the Confederation. The first refers to the states as "The United States of America", while the second explains the state powers. The third required that the states protect each other against attacks, while the second gave the authority to allow people to freely move within the states. The Congress of the Confederation was created by the fifth article. The sixth clarified the role of the central government in relation to other countries. In the seventh section, the state could choose its military leaders. The eighth article also stipulated that the states had to raise funds for the central government.

Article nine outlines the functions of federal government with respect to declaring war and peacemaking. The tenth and eleventh articles represent the Committee of States group, and the allowance for Canada joining the union. The twelfth article, which represents the nation's mandate for paying war debts, is the last state that can alter the Confederation.

Conclusion

These two articles played an important role in American history. The Articles of Confederation provided a solid foundation for the United States. It was successful in unifying thirteen member states. The government that was created under this document was weak as it lacked the power to regulate trade and collect taxes. The American Constitution was therefore inevitable to increase the country's strength. The constitution gives the federal government the authority to tax and regulate trade. The government is strong because of this.

Works Cited

Kollman, Ken. The American Political System. WW Norton, 2017, p. 28.

Maggs, Gregory E. “A Concise Guide to the Articles of Confederation as a Source for Determining the Original Meaning of the Constitution.” The George Washington Law Review, vol 85, 2017, 397.