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Constitution Paper (1) Both, U. S. Constitution and the Articles of Confederation came as a result of socio-political realities in America, at the time when they were being introduced. After gaining an independence from Britain, the representatives from all 13 American states in Continental Congress, decided that the higher coordination level had to be attained between these states. There were many factors that made legislators to consider creating a common law, which was to regulate relations between states. Among them, the most important were their geographical locations and the same cultural heritage.
In 1779 all states, except for Maryland, had ratified a so-called Articles of Confederation, which we now consider as an important step towards unifying American nation. It signified the formation of national government, even though with very limited powers. Articles declared the separation of legislative and executive powers, but they didnt make any provisions for establishing an institution, which would enforce legislative decisions. Basically, the role of Congress was purely consultative. Articles another shortcoming was that they didnt create an independent juridical branch, which was to settle arguments between states and citizens.
Thats why Confederation cannot be described as political entity that exercised sovereign authority. Articles refer to Confederation as league of true friendship The limitations that were imposed on Congress by Articles, many people consider now as being the major drawback of this legislative act. They are following: 1) National government had no power to collect taxes 2) There were no reservations made for the position of top executive official, which would insure the effective functioning of all executive branches 3) Each state conducted its own foreign policy. This often led to countless disputes between states, with Congress being powerless to effectively settle them 4) Congress depended on states governments to enforce its decisions 5) The Congress was only able to pass laws if there was an unanimous support, on part of all states representatives, which was often impossible to accomplish. (2) These Articles deficiencies appear as being very clear only now. It has taken many social upheavals so that people would finally realize that some measures had to be taken to increase the effectiveness of National government.
There was a great economical inflation, after the Civil War. At the same time, many people began requesting from National government to return their war bonds money. This, of course, could not be done, as National treasury was empty. In order to revitalize domestic economy, the Congress has introduced series of laws that were meant to decrease the flow of imports, by applying big taxes on imported goods.
Such measures were also supposed to insure the refilling of treasury. Yet, many states simply sabotaged these laws, which made the economical chaos even more severe. For example, in 1784, the State of Massachusetts refused to subsidize farmers with import tax money, which resulted in closing of many farms. After farmers revolted in 1786, there was an immediate danger that the rebellious mood would spread into other states as well. Yet, Congress was unable to raise money for the creation of army that would stump out rebellion, since states refused to give money It is not that only legislators began to realize that the functions of Congress needed to be reconsidered, in order to avoid having a country split in pieces more and more ordinary citizens were demanding more efficiency from National government. It was just a matter of time before Articles of Confederation were going to be revised.
This happened in 1787, after the United States Constitution was ratified by nine states. Up until our days, this document is based on 4 the most important principles: republicanism when ideals of democracy are maintained through institute of representatives, federalism when legislative and executive powers are divided between central and states governments, separation of powers when there is no danger that legislative, executive and judicial processes might interfere with each other and principle of checks and balances when each of governments branches has the means of control over the actions of others. U. S. Constitution is a supreme national law, which supersedes any regional laws and regulations. Therefore, there is no danger that states secular interests might endanger countrys national unity.
If there are any conflicts of interests between states, it is brought before the Supreme Court. The post of President gives the governmental structure stability, because hes entitled with the right of veto. Nevertheless, citizens civil rights stay intact, thats why we can consider Federative principles as being beneficial for both citizens and the country as whole. At the same time, there is a danger that the Federal government will try to assume more and more executive functions, thus undermining states regional specifics and making ordinary people powerless to amend the law.
In recent years, this tendency has been gaining a momentum (3) The U. S. Constitution was designed to set the balance between national and regional interests. It wont be an exaggeration to say that this was fully accomplished, within a matter of few years, after Constitution came into effect on June 1788. What played a big role in it is the fact that American society was very homogenous, at the time. The separatist tendencies in many states have automatically extinguished themselves, after people realized that it makes more economical sense, to stay in the Union.
We cant say that Founding Fathers were totally satisfied with American new Constitution. They predicted that in the future, American society will become way more complex and therefore, we cant consider U. S. Constitution as having potential to remain effective forever. They rightly believed in universal power of corruption. In order to counterbalance an increased power of Federal government, Fathers made provisions in Constitution, which allow citizens to bear guns and to form militia.
The First and Second Amendments are the most important principles of American democracy, thats why waiving them for the sake of security is intolerable. Thomas Jefferson once said: The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press. (Hellenbrand, p. 51) U. S. Constitution was meant to keep this nation united; still I think that, its not simply the abstract law that enabled American states to never indulge in separatism after the Civil War, but quality and consistency of American population.
There are examples of many countries, where Federative principle is not the pacifying factor, but the opposite. Yugoslavia and Russia are federations too, yet the separatist tendencies within these countries, is what eventually going to break them into even smaller pieces. This is because their populations consist of many ethnic groups that pursue their own secular interests. If policy of multiculturalism is allowed to proceed in America, this country will soon be facing the same problem. Today people are encouraged to celebrate their ethnic identity, instead of celebrating being Americans and not having to return back to the realities of Third World. U.
S. Constitution has served as an example for constitutions of many other countries. Yet, it appears to be simply the waste of time to promote principles of democracy among people that are simply not predisposed to it, for whatever reason. Thats why we can conclude that American Constitution will remain effective for as long as American people dont lose elementary understanding of what principles of democracy stand for.
Bibliography: Bruns, Roger A More Perfect Union: The Creation of the United States Constitution. Washington, DC: National Archives Trust Fund Board, 1986. Constitution of the United States. Sept. 15, 2004. GPO Access. Feb. 23, 2005 web Comparing the Articles and the Constitution. 2002.
The U. S. Constitution Online. Feb. 23, 2005 web Feldmeth, Greg "Articles of Confederation vs.
The Constitution, " June 24, 2004. U. S. History Resources. Feb. 23, 2005 web Hellenbrand, Harold. The Unfinished Revolution: Education and Politics in the Thought of Thomas Jefferson.
Newark: University of Delaware Press, 1990. United States. U. S. Department of Justice. The Articles of Confederation. 2005.
Feb. 23, 2005. web
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