compare and contrast articles of confederation and constitution essay

Articles of Confederation vs The Constitution: A comparative Analysis of The Differences and Similarities.

In 1787, the United States approved the Constitution, which replaced the Articles of Confederation as the country’s governing document. 

The Constitution outlines a stronger national government with clear divisions of power between the executive, legislative, and judicial branches. 

The Articles of Confederation, on the other hand, created a weak central government with little authority over the states. So what caused this change? Let’s take a look at the key differences between these two historic documents.

Table of Contents

Articles of Confederation

The Articles of Confederation were the first governing document of the United States , ratified in 1781. The Articles created a loose confederation of independent states with limited powers. 

Under the Articles, each state was its own sovereign entity and had most of the rights reserved for a national government, such as creating taxes and declaring war. The central government under the Articles could only pass laws over foreign affairs, maintain an army and navy, and settle disputes between states.

5 Strengths of the Articles of Confederation

  • Union of Independent States: 

The Articles of Confederation created a union of thirteen independent states, allowing them to maintain their own governments and laws while still being part of the larger United States .

  • Treaty-Making Powers: 

The Articles allowed the central government to sign treaties with other nations on behalf of the nation as a whole.

  • Print Currency: 

The Articles also gave the federal government the power to print money, which was necessary for paying off debts incurred during the Revolutionary War. 

  • Interstate Trade: 

While there were some restrictions due to state sovereignty under the Articles, interstate trade was generally unrestricted by tariffs or taxes.

  • Amending Process: 

Amendments to the Articles could be made if two-thirds of all states agreed.

5 shortcomings of The Articles of Confederation

  • No Executive Branch: 

The Articles of Confederation did not create an executive branch to enforce laws and did not provide a way for the government to raise revenue.

  • Lack of Judicial Powers: 

There was no constitutional court system , leaving states unable to settle disputes between citizens of different states.

  • Limited Taxing Authority: 

The central government could not levy taxes, so it had limited ability to finance itself or pay its debts .

  • Unclear Representation: 

Each state had one vote in Congress regardless of size or population, meaning that smaller states were overrepresented and larger ones underrepresented.

  • Difficult Amending Process: 

Making amendments was difficult because two-thirds of all the states had to agree in order for a change to be made.

The weaknesses of the Articles of Confederation led to calls for a stronger federal government and eventually the adoption of the Constitution, which created an executive branch with clear divisions of power between the three branches. Ultimately, this shift from a loose confederation to a strong central government was necessary for the United States to survive and thrive.

The Constitution

The Constitution was ratified in 1788 and replaced the Articles of Confederation as the governing document of the United States. The main purpose of the Constitution was to create a stronger federal government with more power over the states. Under the Constitution, Congress had more powers, including regulating interstate commerce, declaring war, and creating taxes. Additionally, a Supreme Court was established under the Constitution to help interpret laws passed by Congress and resolve disputes between states.

What is Contained in the Constitution of The United States?

The Constitution contains seven major parts: the Preamble, Articles I-VII, the Bill of Rights, and the Amendments.

The Preamble:

The Preamble is the opening statement of the Constitution and sets forth the general purposes of the document. It states that the purpose of the Constitution is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.

Articles I-VII:

The Constitution is divided into seven Articles, which cover various aspects of government. Article I covers legislative powers; Article II creates an executive branch; Article III establishes a judicial branch; Articles IV through VI outline relationships between states and with foreign nations; and Article VII sets out ratification requirements.

Bill of Rights:

The Bill of Rights consists of the first ten amendments to the Constitution and serves as a protection against abuse by government officials. It guarantees certain rights to American citizens that cannot be taken away by any government entity or individual. These rights include the right to free speech, the right to bear arms, and protection from unreasonable searches and seizures.

Amendments:

The Constitution has been amended twenty-seven times since its ratification in 1788. Amendments are added when two-thirds of both the House of Representatives and Senate pass an amendment resolution, which is then sent to the states for approval by three-fourths of all state legislatures. If ratified, an amendment becomes part of the Constitution and can never be changed or removed.

5 Strengths of The U.S. Constitution

  • Separation of Powers: 

Under the Constitution, power is divided among three branches – legislative, executive and judicial – which helps protect against any one branch from having too much power or influence.

  • Checks and Balances: 

The Constitution also established a system of checks and balances, which gives each branch the power to limit the actions of other branches in order to maintain balance in government.

  • Federalism: 

The Constitution creates a federal system of government, where states have certain powers but can be overruled by the federal government when necessary.

  • Limited Government: 

The Constitution limits the powers of the federal government by defining what it can and cannot do, thus preventing it from becoming too powerful.

Lastly, amendments to the Constitution can be made if two-thirds of both houses of Congress agree or if two-thirds of all state legislatures call for an amendment convention.

5 Weaknesses of The Constitution

  • Lack of Protection for Certain Rights: 

The original Constitution did not include a Bill of Rights that would have protected the rights and liberties of individuals from the power of government.

  • No System for Direct Representation: 

The Constitution does not provide a system for direct representation, meaning that Congress is elected by state legislatures rather than directly by citizens.

  • Slavery: 

The original Constitution also allowed slavery, which was eventually abolished with the 13th Amendment in 1865.

  • Limited Ability to Adapt to Change: 

Because amendments require two-thirds approval from both houses of Congress or two-thirds approval from all state legislatures, making changes can be difficult and time consuming.

  • Complexity: 

Finally, with its many amendments and complex language, the Constitution is often difficult to understand.

Similarities Between The Articles of confederation and The Constitution:

  • Both The Articles of Confederation and The Constitution were written with the intention of creating a stronger union between the United States’ 13 colonies. They also both outlined the structure and organization of government, as well as how certain powers would be divided amongst different branches.
  • Additionally, they both established a system of checks and balances to prevent any one branch from becoming too powerful. This was done by granting certain powers to each branch that only it could exercise, which would ensure that no single branch had absolute control over decisions made by the government.
  • Both The Articles of Confederation and The Constitution included provisions for setting up a system of taxation. This was done through the establishment of certain taxes imposed upon citizens or states to be used by the federal government for various purposes. Additionally, both documents established limits on state taxes in order to prevent any one state from having an unfair advantage over another when it came to paying taxes.
  • Both The Articles of Confederation and The Constitution also defined how representatives would be chosen by each state. This was done by electing individuals who would then serve as representatives in Congress.
  • Both The Articles of Confederation and The Constitution established a system of federal judges who were responsible for interpreting laws and settling disputes between states or citizens. This was done in an effort to ensure that all states were treated fairly when it came to legal matters, and to prevent any one state from having too much power over another.
  • Finally, although there are numerous differences between the two documents, they both ultimately served to create a unified nation out of thirteen separate states. By doing so, they laid the groundwork for what would eventually become the United States of America.

In summary, The Articles of Confederation and The Constitution have many similarities in terms of the structure and organization of government, taxation systems, representation of citizens within the government, and judicial systems. 

Although there are also numerous differences between the two documents, it is clear that they both served a similar purpose of laying the groundwork for creating a unified nation out of thirteen separate colonies. By doing so, they were instrumental in establishing the foundational principles of what would eventually become the United States of America.

Differences Between Articles of confederation and The Constitution:

  • The Articles of Confederation were written to provide a system of rules that would govern the relationship between the states, while The Constitution was designed to unify the federal government and establish a stronger central authority.
  • The Articles of Confederation had weak legislative powers; it could only make requests or suggestions to the states, not enforce its laws. This lack of enforcement power made it difficult for the national government to act in a unified manner. In contrast, The Constitution gave extensive power to Congress, allowing it to pass laws, raise taxes and regulate trade between the states.
  • The Articles required unanimous approval from all thirteen colonies before any law could be passed or amended; this made it incredibly difficult for anything important to get done. The Constitution, on the other hand, allowed laws to be passed with a simple majority.
  • The Articles also lacked any judicial branch of government, while The Constitution created one. This judicial branch was empowered to interpret and enforce laws, as well as settle disputes between states.
  • Finally, the Articles did not outline specific individual rights for its citizens; however, The Constitution does provide a list of basic rights. These rights include freedom of speech, religion, assembly and petitioning the government for grievances.

Overall, it is clear that there are both differences and similarities between The Articles of Confederation and The Constitution. While they share some common elements such as a framework for governance and a mechanism for amending the documents, their ultimate purpose differs quite significantly. The Articles of Confederation were designed to govern inter-state relationships, while the Constitution was created to unify and strengthen the federal government.

The Articles of Confederation and the Constitution are both important documents that laid the foundations for modern-day America.

While there are a number of similarities between them, such as their focus on individual liberty and structure of governance, they are also distinct in their purposes and objectives. The Articles of Confederation, ratified in 1781, provided a loose coalition of states with a system of government where each state was largely independent. However, it lacked the needed authority for effective governance.

The US Constitution, ratified in 1788, provided much-needed amendments to the Articles in order to strengthen America’s national government and create a more effective system of governance that would ensure the preservation of individual liberty. The US Constitution also distinguished between the three branches of government, established checks and balances to prevent any branch from becoming too powerful, created federalism to settle disputes between states, and provided a bill of rights to protect citizens from governmental abuse.

The differences and similarities between the Articles of Confederation and the Constitution represent a crucial part of American history, and their impact on modern-day America remains clear. By understanding the ways in which these two documents were similar and different, we can better appreciate how our country was shaped by its founding fathers.

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Comparing the Articles and the Constitution

The United States has operated under two constitutions. The first, The Articles of Confederation , was in effect from March 1, 1781, when Maryland ratified it. The second, The Constitution , replaced the Articles when it was ratified by New Hampshire on June 21, 1788.

The two documents have much in common - they were established by the same people (sometimes literally the same exact people, though mostly just in terms of contemporaries). But they differ more than they do resemble each other, when one looks at the details. Comparing them can give us insight into what the Framers found important in 1781, and what they changed their minds on by 1788.

The following is a comparison, detailing the similarities and differences between the Constitution and the Articles. The topic page for The Articles and the Constitution Explained Page may also be of some interest.

Formal name of the nation Articles: The United States of America Constitution: (not specified, but referred to in the Preamble as "the United States of America")

Legislature Articles: Unicameral, called Congress Constitution: Bicameral, called Congress, divided into the House of Representatives and the Senate

Members of Congress Articles: Between two and seven members per state Constitution: Two Senators per state, Representatives apportioned according to population of each state

Voting in Congress Articles: One vote per state Constitution: One vote per Representative or Senator

Appointment of members Articles: All appointed by state legislatures, in the manner each legislature directed Constitution: Representatives elected by popular vote, Senators appointed by state legislatures

Term of legislative office Articles: One year Constitution: Two years for Representatives, six for Senators

Term limit for legislative office Articles: No more than three out of every six years Constitution: None

Congressional Pay Articles: Paid by states Constitution: Paid by the federal government

When Congress is not in session... Articles: A Committee of States had the full powers of Congress Constitution: The President can call for Congress to assemble

Chair of legislature Articles: President of Congress Constitution: Speaker of the House of Representatives, Vice President is President of the Senate

Executive Articles: None Constitution: President

National Judiciary Articles: Maritime judiciary established Constitution: Federal judiciary established, including Supreme Court

Adjudicator of disputes between states Articles: Congress Constitution: Supreme Court

New States Articles: Admitted upon agreement of nine states (special exemption provided for Canada) Constitution: Admitted upon agreement of Congress

Amendment Articles: When agreed upon by all states Constitution: When agreed upon by three-fourths of all states

Navy Articles: Congress authorized to build a navy; states authorized to equip warships to counter piracy Constitution: Congress authorized to build a navy; states not allowed to keep ships of war

Army Articles: Congress to decide on size of force and to requisition troops from each state according to population Constitution: Congress authorized to raise and support armies

Power to coin money Articles: United States and the states Constitution: United States only

Ex post facto laws Articles: Not forbidden Constitution: Forbidden of both the states and the Congress

Bills of attainder Articles: Not forbidden Constitution: Forbidden of both the states and the Congress

Taxes Articles: Apportioned by Congress, collected by the states Constitution: Laid and collected by Congress

Ratification Articles: Unanimous consent required Constitution: Consent of nine states required

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Articles of Confederation vs Constitution

Articles of Confederation vs Constitution – What’s the Difference?

Both the Constitution and the Articles of Confederation are landmark texts in the annals of American history; nonetheless, these two documents were drafted with quite different goals in mind and contain important distinctions.

The original constitution of the United States of America was called the Articles of Confederation, and it was established by the Continental Congress in 1777 and ratified by the states in 1781. It established a national government that was rather weak, with the majority of power being kept by the various states.

However, the government that was established based on the Articles of Confederation turned out to be ineffectual, and so in 1787, a convention to form a new Constitution was organized. This new Constitution was adopted in 1788, and it is still in use today.

The Constitution, which laid the groundwork for a more powerful national government by establishing separate branches of government as well as a system of checks and balances, has been revised numerous times over the course of history.

Articles of Confederation vs Constitution

The main difference between the Articles of Confederation and the Constitution is that, under the Articles of Confederation, sovereignty was vested in the states, whereas under the Constitution, the power of the federal government was significantly expanded and it declared the governing laws of the country.

What Were the Articles of Confederation?

The Articles of Confederation were the original constitution of the United States. It was ratified by the states in 1781 after being adopted by the Continental Congress in 1777.

The Articles of Confederation established a national government that was relatively weak, with the majority of power being delegated to the member states.

The Articles of Confederation established a single chamber for the legislative part of the government, which was called the Confederation Congress. Within this body, each state received one vote.

Also Read: Timeline of Shays’ Rebellion

The Congress possessed the authority to declare war and peace, to negotiate treaties, and to regulate coinage; however, it did not have the authority to levy taxes or to regulate commerce.

The national government lacked both an executive and a judicial branch, and the scope of its powers was restricted to those that had been expressly given to it by the individual states.

The Articles of Confederation stipulated, among other things, that each state would keep its own sovereignty and independence, and that the Confederation Congress would arbitrate any conflicts that arose between the states.

Because the government that was established under the Articles of Confederation was not powerful enough to address the challenges that occurred with the newly constituted nation, the creation of the United States Constitution was necessary.

What is the Constitution?

The United States of America is governed by the Constitution of the United States , which is considered to be the highest legislation in the country.

In 1787, it was approved by the Constitutional Convention that was held in Philadelphia. Subsequently, it was ratified by conventions held in each of the states that make up the United States.

The United States Constitution is a document that lays out the framework for the national government. It is made up of a prologue and seven articles that are meant to encapsulate the core values of the federal government.

Also Read: 27 Amendments Simplified

It establishes the legislative branch, which is represented by the United States Congress; the executive branch, which is represented by the President; and the judicial branch, which is represented by the Supreme Court and other federal courts.

Each of these branches is responsible for a distinct aspect of government. In addition to this, it describes the roles and responsibilities of each branch of government, as well as the rights and liberties enjoyed by citizens of the United States.

In addition, the Constitution outlines a process for revising the constitution as well as a checks and balances mechanism to prevent any one branch of government from amassing an excessive amount of authority.

It is frequently cited as a model for the constitutions of other nations because it is widely regarded as one of the most significant texts in the annals of world history.

The Constitution is still in use today, despite the fact that it has been revised a total of 27 times; the Bill of Rights is the name given to the first ten amendments.

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Comparing and Contrasting the Articles of Confederation and the Constitution

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  • Topic: Articles of Confederation , Constitution

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Introduction

Key similarities, differences in central authority, representation and legislative power, amendment process.

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