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IB DP History Study Notes

19.7.1 The Articles of Confederation and the 1787 Constitution

This section delves into the foundational governance structures of the United States: the Articles of Confederation and the Constitution, outlining their principles, compromises, and the resultant changes in the political system.

The Articles of Confederation: Provisions and Philosophical Underpinnings

The Articles of Confederation represented the nascent United States' first attempt at a national government framework, coming into force in 1781.

Provisions of the Articles

  • State Sovereignty: The Articles established the United States as a league of sovereign states, where the federal government had limited authority.
  • Legislature: They created a unicameral Congress with delegates from each state, with each state having a single vote.
  • Limited Powers: The national government had no power to tax, regulate trade, or enforce laws; it could only request resources from the states.
  • Military: Congress could declare war and maintain armed forces but relied on states for troops.
  • No Executive or Judiciary: There was no separate executive branch to enforce laws or judiciary to interpret them, which were left to the states.

Philosophical Underpinnings

  • Fear of Centralised Power: Drawing from their experiences with British monarchy, the Articles reflected the colonists' desire to avoid a strong central government.
  • Emphasis on Liberty: The Articles were influenced by Enlightenment ideals which prioritised individual liberties and the protection against tyrannical rule.

Shortcomings of the Articles

The limitations of the Articles became apparent quickly, which included:

  • Financial Weakness: With no power to tax, the government could not pay debts or fund its operations effectively.
  • Legislative Inefficiencies: The requirement for unanimous approval for amendments led to gridlock.
  • Lack of Central Authority: The absence of a central authority to oversee commerce or foreign affairs led to conflicts and inefficiency.

The 1787 Constitution: A Paradigm Shift

To address the insufficiencies of the Articles, the 1787 Constitution was drafted, fundamentally restructuring the American government.

Framing the Constitution

  • The Preamble: It expresses the Constitution's purpose to establish justice, ensure domestic tranquillity, and provide for common defence.
  • Articles I-III: These articles set out the separation of powers, outlining the roles of the legislative, executive, and judicial branches.

Philosophical Shifts

  • From confederalism to federalism: This shifted the power balance towards a central government with residual powers left to the states.
  • Checks and Balances: To prevent any branch from becoming too powerful, a system of checks and balances was instituted.
  • Popular Sovereignty: The Constitution centred power in the hands of the people, a radical shift from the state-centred Articles.

Major Compromises in the Constitution

The Constitutional Convention in Philadelphia saw several critical compromises.

The Great Compromise

  • Bicameral Legislature: This established two houses of Congress: the Senate (equal representation) and the House of Representatives (proportional representation).

The Three-Fifths Compromise

  • Representation and Taxation: This agreement counted three out of every five slaves for representation and tax purposes.

Commerce and Slave Trade Compromise

  • Trade Regulation: Allowed the federal government to regulate interstate and international trade, except for taxing exports or banning the slave trade until 1808.

The Bill of Rights

  • Added to the Constitution to safeguard individual freedoms and respond to the concerns about federal overreach.

The Ratification Debate and The Federalist Papers

The ratification of the Constitution was fiercely debated, with the Federalist Papers playing a crucial role in arguing for its adoption.

The Federalist Papers

  • Written by Alexander Hamilton, James Madison, and John Jay, these essays defended the principles of the Constitution and explained the necessity for a strong central government.

The Constitution’s Impact on the Political System

The adoption of the Constitution brought about significant changes in the governance of the United States.

Creation of a Strong Central Government

  • Shifted the United States from a loose confederation to a federal system with a strong central government.

Enhanced Federal Powers

  • Granted the federal government specific powers like taxation, regulation of commerce, and national defence.

The Amendment Process

  • Established a system through which the Constitution could be amended, allowing it to adapt over time.

Evolution of the US Political System

With the new Constitution, the political dynamics of the United States were fundamentally transformed.

Federalism Redefined

  • Power was now shared between the national and state governments, with a clear demarcation of federal and state responsibilities.

The Emergence of Political Parties

  • Disagreements during the Constitution's ratification process led to the formation of America's first political parties, the Federalists and the Anti-Federalists.

Checks and Balances in Practice

  • The operationalisation of checks and balances among the branches of government became a core aspect of American politics.

Expansion of Rights

  • Subsequent amendments, particularly the Bill of Rights, expanded civil liberties and further defined the limits of government.

The establishment of the Articles of Confederation and their replacement by the 1787 Constitution marked pivotal moments in American history. These documents reflect the ideological currents of the era, addressing the challenges of creating a new government post-independence. For IB History students, understanding these foundational structures is crucial to comprehend the evolution of American political philosophy and practice.

FAQ

The ratification of the US Constitution significantly altered the balance of power by centralising authority and creating a federal system where powers were divided between the national government and the states. Under the Articles of Confederation, the states held most of the power with a weak central government. The Constitution redistributed this by granting the federal government powers to tax, regulate interstate and international commerce, make and enforce laws, and establish a federal judiciary. It also allowed for federal laws to be supreme over state laws, thus strengthening the central government's role relative to that of the states.

The absence of a Bill of Rights in the original Constitution was seen as a flaw because it failed to provide express protections for individual liberties against government encroachment. Anti-Federalists argued that without a Bill of Rights, citizens would be at risk of oppression from a powerful federal government. The Federalists, on the other hand, believed that by defining specific powers of the federal government, the Constitution inherently protected personal freedoms. However, to placate concerns and ensure ratification, the Federalists promised to add a set of amendments explicitly safeguarding individual rights, which became the first ten amendments to the Constitution.

Shays' Rebellion was a pivotal event that influenced the creation of the US Constitution by highlighting the weaknesses of the Articles of Confederation. The rebellion, a series of protests in 1786 and 1787 by American farmers against state and local enforcement of tax collections and judgments for debt, underscored the inability of the Articles to provide a strong central government that could maintain order and ensure economic stability. The federal government's impotence in suppressing the rebellion and the fear of social disorder persuaded many leaders that a new constitution was needed to provide effective governance, leading to the Philadelphia Convention where the Constitution was drafted.

The philosophical influences on the US Constitution were primarily derived from Enlightenment thinkers such as John Locke and Montesquieu. Locke’s principles of natural rights - life, liberty, and property - and the idea of a government's role in protecting these rights were central to the Constitution’s creation. Montesquieu’s advocacy for the separation of powers to prevent tyranny influenced the constitutional division into three branches: legislative, executive, and judiciary. The Framers also integrated Rousseau’s concept of the social contract, which held that governments are legitimate only if they have the consent of the governed, an idea expressed in the Constitution's preamble.

The Articles of Confederation reflected the American colonies' experiences with British rule through their strong emphasis on state sovereignty and a limited central government. The colonists' distrust of a strong central authority stemmed from their experiences under British governance, where they felt oppressed by what they perceived as arbitrary and distant rule. Hence, the Articles were designed to ensure that the central government could not become tyrannical. It lacked the power to tax and had no executive branch, which were seen as means by which Britain had previously exerted control over the colonies.

Practice Questions

Analyse the impact of the Great Compromise on the political structure of the United States.

The Great Compromise had a profound impact on the political structure of the United States as it amalgamated the Virginia and New Jersey plans, leading to the creation of a bicameral legislature. This structured Congress into two houses: the Senate, which appeased smaller states by allowing two senators each, and the House of Representatives, satisfying larger states with representation based on population. The compromise was instrumental in maintaining the federal union by balancing the interests of states with large and small populations, fostering a federal system that could accommodate diverse needs while ensuring equitable representation in the legislative process.

Evaluate the effectiveness of the Articles of Confederation in establishing a functional government in the United States.

The Articles of Confederation were relatively ineffective in establishing a functional government in the United States. They formed a loose confederation that lacked the authority to regulate commerce, levy taxes, or enforce laws. The government could not adequately support itself financially, leading to debt and economic instability. Furthermore, the requirement for unanimous consent for amendments proved impractical, hindering responsive governance. The Articles' inefficiencies prompted the Constitutional Convention, which resulted in the more robust federal system under the Constitution, highlighting the Articles’ shortcomings in creating a fully functional government.

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