Problems With The Articles Of Confederation And Remedies In The Constitution(Chp.2)
Articles of Confederation
Articles of Confederation
The Articles of Confederation established a weak central executive as well as legislature, delegating most powers to the states. The first problem with the Articles of Confederation was the issue of taxation as the central government did not have the power to enforce taxation. Rather, states had this authority and this put the central government in a weaker economic position. The Constitution rectified this situation by granting taxation powers to Congress. This ensured that the federal government has enough revenue to fund project and provide services to Americans, something the Articles of Confederation did not have.
Another major problem with the Articles of Confederation was its rigidity; it required a unanimous approval for any amendment. This made it difficult to adapt to changing times through amendments which are a necessity for any constitution of the world. As the world evolves, there is a need for the country and its laws to evolve as well. The Constitution resolved this crucial aspect by introducing Article 5m, which lays out the procedure to amend the Constitution. Article 5 states that Congress needs to pass an amendment with a two-thirds majority in both the Senate and the House of Representatives. This has paved the way for 27 important amendments to the Constitution, such as the 19th amendment, which granted women the right to vote.
The issue of raising an army was another problem with the Articles of Confederation as the central government did not have the authority to raise and maintain an armed force. This was left to the individual states as each state had its own army according to its own requirements. In case of an emergency or an attack from another nation, the central government had to request states for contributions to the army which were voluntary. So, states could refuse and USA as a whole would have suffered dire consequences. In order to correct this, the Constitution made it mandatory for the central government to maintain an army for the defense of the nation.
Beard, C. (2017). An economic interpretation of the Constitution of the United States. Routledge.
Maggs, G. E. (2017). A Concise Guide to the Articles of Confederation as a Source for Determining the Original Meaning of the Constitution. Geo. Wash. L. Rev., 85.
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