Saturday, May 26, 2012

How do the Article of Confederation compare with the Constitution, esp. regarding specific powers given or denied the central government under each?

The Confederation Government was formed with the intent
and purpose of retaining the sovereignty of the individual states, as is stated in its
opening language. There was a single House of Congress with no Presidency of the United
States and no judiciary. The Confederation had jurisdiction over foreign affairs and the
unorganized territories of the U.S.; but not much else. There was no power to tax or
regulate commerce between the states; a two thirds vote of the states was required to
pass legislation and unanimous consent was required to amend them. They were, in fact,
never amended. The system created was cumbersome and unworkable and understandably did
not last long.


The Constitution arose from a convention
called to "Amend" the Articles of Confederation. It soon decided they were unworkable
and were abrogated. The Constitution grants eighteen specific powers to Congress under
Article I Section Eight, including but not limited to the power to tax, the power to
regulate commerce among the several states, declare war,  coin money, issue patents,
etc. It also grants Congress any power necessary and proper to carry out the enumerated
powers. It's limitations are that Congress may not pass ex post facto laws or Bills of
Attainder, or grant powers of nobility. By Amendment, the rights listed in the Bill of
Rights are protected. Finally, the 10th Amendment states all powers not prohibited to
the states are given to the Federal Government are reserved to the states. The latter
amendment is a favorite of Tea Party supporters.

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