The U.S. Constitution, Constitutional Convention, and the Articles of Confederation

Constitutional Convention? Debates?

The constitutional convention had a very promising start from the begging with 12 out of 13 states attending. It was decided that the Articles of Confederation were not to be simply dismantled and amended, but replaced completely. The debates over the constitution went on from May 25 to September 17, 1787. At that point, 42 out of the 55 delegates were willing to sign, three refused to sign, and the other 10 were still unhappy and unwilling to sign. (Parry 2004)

According to the old Articles of Confederation, all states had to ratify something for it to pass; this was one of the major flaws of the article. A new law was passed through specially elected states convention, that only 9 out of the 13 states were needed to ratify. The constitution was passed, and for the first time the US had a central government and a new branch, the Executive, which most saw as a necessary evil. Many people distrusted the central government and wanted to curb its power to prevent another dictator on American soil. The constitution was debated years later on how it was to be interpreted, and subsequently, amendments were prepared.

Failures of the Articles of Confederation? How the U.S. Constitution addresses them.

The ratification of the Articles of Confederation brought forth several positive and negative results. The Articles provided some protection for the states, allowing Congress to declare war, and allowing them to retain their sovereignty. Unfortunately the ills of the Articles greatly out-numbered its successes; they did not give the government the power to levy or enforce taxes and therefore were unable to supply the armed forces with their necessary supplies. Also, pertaining to the Articles of Confederation, in order to compose any amendments, the ratification of all 13 states was needed; thus, amendments were made almost completely impossible to reach.

Apart from the negative effects that the Articles had on the nation, they must be recognized for their accomplishments while they were in effect. For example, the ability for the government to declare war during peacetime was beyond question. This was a right that was absolutely necessary to the nation. The states were currently in the midst of combating a war; and giving the government the ability to declare war ensured that every state would be protected from foreign threats, in spite of the state of their own militia. The Government would now be able to declare war as a nation and add military support from other states. Unfortunately, the negative effects outshined the positives and within a few years, they caused the Articles to be unsuccessful and collapse.

Most significant of all the negatives was Congress' inability to levy any duty on the states. This prohibited them from supporting many government programs and often times left them in a chronic shortage for supplies for the forces. The incapability for the government to maintain a military left the whole of the country insecure and forced the states to protect them. (Parry, 2004)

Reference: Parry, J. (2004). First images of the new world: The Impact of the New World on the Old. California: University of California Press