United States Constitution, the Articles of Confederation,

¶ … United States Constitution, the Articles of Confederation, the Declaration of Independence, and the Great Compromise The Articles of Confederation was the first document attempting to govern how the newly independent states were to act together in their union. However, the Articles of Confederation had significant flaws that rendered them an unrealistic tool for the government of the new states.

While not all inclusive, the following are some of the weaknesses of the Articles of Confederation: the federal government could not tax or regulate foreign and interstate commerce; each state had a single vote in Congress; there were no federal Executive or Judicial branches; Amendments required a unanimous vote; and a significant majority (9 of 13 votes) was required to pass legislation. The result of the Articles of Confederation was that the states engaged in constant bickering, which could not be resolved by the Federal government.

The states failed to provide financial support for the federal government or really recognize its power, instead acting like their own countries; states each had their own currency, many states maintained their own military, and states entered into independent agreements with foreign governments. The result was a practical lack of a federal government. The Constitution addressed the weaknesses in the Articles of Confederation by providing for a much more powerful federal government. First, the federal government was divided into three branches: Executive, Legislative, and Judicial.

Each of the three branches played a unique role in governing the emerging nation. Furthermore, the Constitution not only granted power to the Federal government that it lacked under the Articles of Confederation, but also specifically granted many of those powers exclusively to the Federal government. The Constitution gave Congress the right to tax. In the Commerce Clause, it gave to Congress the exclusive right to regulate interstate and foreign commerce, which makes sense because allowing the states the right to regulate interstate commerce would have led to inevitable conflicts.

It continued to require a supermajority for Amendments.

Article V of the Constitution provided that "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate" (U.S.

Const. Art. V). However, it did not require that they be unanimous, and specifically allowed for a straight majority for the passage of legislation. The Constitution addressed the complaints in the Declaration of Independence most specifically through the Bill of Rights. The Declaration of Independence levied specific complaints against the King, and the Bill of Rights was intended to address these violations of natural rights.

These rights include, but are not limited to: freedom of speech, freedom of the press, freedom of religion, the right to bear arms, right to jury trial, right to due process, the right to be free from unreasonable search and seizure, and the prohibition against cruel and unusual punishment, all of which were complaints in the Declaration of Independence. One of the most pressing issues in the Articles of Confederation was the disparate size of states.

The larger states felt like their citizens received proportionally less representation than citizens of larger states. Two competing plans for the legislative branch emerged at the Constitutional Convention. The Virginia Plan sought a two-house legislature, with one house elected directly by the people and the second house selected by the first house from people nominated by state legislatures. The New Jersey Plan sought an amendment of the Articles of Confederation and the retention of a single vote in Congress for each state.

The Compromise was a two-house legislature that-based representation on both population and simply being a state. The House of Representatives consisted of people proportionately elected from their state with the Senate was composed of two Congressmen from each state. According to the Constitution, "The House of Representatives shall be composed of Members chosen every second Year by the People of the several states" (U.S. Const. Art.

I, § 2) and "The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof" (U.S. Const. Art. I, § 3). The 17th Amendment amended the form of election for Senators. The Constitution provided that "The Electors shall meet in their respective States, and vote by Ballot for two persons, of whom one at least shall not lie an Inhabitant of the same State with themselves.

And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.

The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuseby Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes.