Evaluate the weaknesses of the Articles of Confederation
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In my opinion, the United States has many diverse essential documents. One of the most popular document is the Articles of Confederation.

The Articles of Confederation was an agreement, which was confirmed by all the 13 states of the United States of America that served as its first constitution. It was approved, after much debate between July 1776 and November 1777, by the Second Continental Congress on the November 15 in 1777 and sent to the states for ratification. The Articles of Confederation came into force on the March 1, in 1781. A guiding principle of the Articles was to preserve the independence and sovereignty of the states. The federal government received only those powers which the colonies had recognized as belonging to king and parliament.

I can say, that it was the law like a Constitution of the United States of America.

The Articles of Confederation consist of a preamble, thirteen articles, a conclusion and the last, signatory section.

The preamble declares that the states agree to certain articles of Confederation and perpetual Union". The thirteen articles' purposes were to protect states interests, including independence and sovereignty. Also, there was provided the human rights, function of state army and domestic and foreign policy.

Specifically:

•     Establishes the name of the confederation with these words: "The stile of this confederacy shall be 'The United States of America.'"

•     Asserts the sovereignty of each state, except for the specific powers delegated to the confederation government: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated."

•     Declares the purpose of the confederation: "The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever."

•     Elaborates upon the intent "to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union," and to establish equal treatment and freedom of the movement or the free inhabitants of each state to pass unhindered between the states, excluding "paupers, vagabonds, and fugitives from justice." All these people are entitled to equal rights established by the state into which they travel. If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed.

•     Allocates one vote in the Congress of Confederation to each state, which is entitled to a delegation of between two and seven members. Members of Congress are to be appointed by state legislatures. No congressman may serve more than three out of any six years.

•     Only the central government may declare war, or conduct foreign political or commercial relations. No state or official may accept foreign gifts or titles, and granting any title of nobility is forbidden to all. No states may form any sub-national groups. No state may tax or interfere with treaty stipulations already proposed. No state may wage war without permission of Congress, unless invaded or under imminent attack on the frontier; no state may maintain a peacetime standing army or navy, unless infested by pirates, but every State is required to keep ready, a well-trained, disciplined, and equipped militia.

•     Whenever an army is raised for common defense, the state legislatures shall assign military ranks of colonel and below.

•     Expenditures by the United States of America will be paid with funds raised by state legislatures, and apportioned to the states in proportion to the real property values of each.

•     Powers and functions of the United States in Congress Assembled.

•     Grants to the United States in Congress assembled the sole and exclusive right and power to determine peace and war; to exchange ambassadors; to enter into treaties and alliances, with some provisos; to establish rules for deciding all cases of captures or prizes on land or water; to grant letters of marque in times of peace; to appoint courts for the trial of pirates and crimes committed on the high seas; to establish courts of appeals, but no member of Congress may be appointed a judge; to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states.

•     The court will be composed of jointly appointed commissioners or Congress shall appoint them. Each commissioner is bound by oath to be impartial. The court's decision is final.

•     Congress shall regulate the post offices; appoint officers in the military; and regulate the armed forces.

•     The United States in Congress assembled may appoint a president who shall not serve longer than one year per three-year term of the Congress.

•     Congress may request requisitions from the states in proportion with their population, or take credit.

•     Congress may not declare war, enter into treaties and alliances, appropriate money, or appoint a commander in chief without nine states assented. Congress shall keep a journal of proceedings and adjourn for periods not to exceed six months.

•     When Congress is in recess, any of the powers of Congress may be executed by "The committee of the states, or any nine of them", except for those powers of Congress which require nine states in Congress to execute.

•     If "Canada" (as the British-held province of Quebec was also known) accedes to this confederation, it will be admitted. No other colony could be admitted without the consent of nine states.

•     Reaffirms that the Confederation accepts war debt incurred by Congress before the existence of the Articles.

•     Declares that the Articles shall be perpetual, and may be altered only with the approval of Congress and the ratification of all the state legislatures.

 

From my point of view, the Articles of Confederation has more weaknesses than strength. For example, the lack of power given to the Continental Congress strangled the federal government. The Articles gave Congress the power to pass laws but no power to enforce those laws. If a state did not support a federal law, that state could simply ignore it. Congress had no power to levy taxes or regulate trade. Without a federal court system or executive leader, there would be no way to enforce these laws, either. Amending the Articles of Confederation would also require a unanimous decision, which would be extremely difficult.

    Also:

•     there was no executive official to ensure that laws were carried out;

•     there were no means of interpreting laws or carrying out justice;

•     The Articles of Confederation could not be changed without a unanimous vote;

•     Congress lacked power to collect taxes;

•     The government could not control trade between the states;

•     Each state had its own currency so there was no stable national currency;

•     The government could not pay its debts.

Conclusively, by the end of July in 1788, 11 of the 13 states had ratified the new Constitution. Congress continued to convene under the Articles with a quorum until October. On Saturday, September 13 in 1788, the Confederation Congress voted the resolve to implement the new Constitution, and September 15 published an announcement that the new Constitution had been ratified by the necessary nine states, set in February in 1789 for the presidential electors to meet and select a new president, and set the first Wednesday of March in 1789 as the day the new government would take over and the government under the Articles of Confederation would come to an end. On that same September 13, it determined that New York would remain the national capital.

Дата: 2019-02-25, просмотров: 189.