Julia Sevco

Mrs. Yanelli
History
1 March 2017

The U.S. Constitution vs. the Articles of Confederation

The Constitution was an improvement over the Articles of Confederation, which was a

weak form of government. For example, Congress could not impose taxes and Congress could

not regulate trade. Nine of the thirteen states needed to agree to pass laws. All states had to agree

to amend the Articles. Finally, there was no executive branch to enforce laws passed by

Congress, and there was no judicial branch to interpret laws passed by Congress. As a result, the

founders gathered to draft a Constitution to improve upon the Articles of Confederation.

Under the Articles of Confederation, Congress could not impose taxes. Through Article I

Section 8 in the Constitution, Congress was given the power to set and collect taxes for the

federal government. Under the Articles of Confederation, Congress could not regulate trade.

In Article I Section 8 of the Constitution, the federal government was also given the sole power

to regulate trade and alliances with foreign countries and among the states. The Articles of

Confederation required nine of the thirteen states to agree to pass a law. Under the Constitution,

laws are now passed with a simple majority. In order to amend the Articles of Confederation, all

the states had to agree. Article V of the Constitution set up a procedure for the states to ratify the

Constitution. Two-thirds of the House and Senate are required to propose an amendment. Only

three-fourths of the state legislatures are required to ratify a Constitutional amendment before it

goes into effect. The Articles of Confederation only had the legislative branch of government.
The Constitution provided for three branches of government instead of just one. The Constitution

added the executive and judicial branches. Each branch has a different job and different powers.

The legislative branch makes the laws. Article II Section 1 established the executive branch that

carries out the laws. Article III Sections 1 and 2 established the judicial branch that interprets the

laws. The Constitution favored separation of powers and also established checks and balances so

one branch of government could not be too powerful. Each branch has the power to slow or stop

an action taken by another branch. An example of a check and balance is that even though the

President nominates judges, the Senate must approve the judges.

Congress did not have enough power under the Articles of Confederation. Power was

established state by state and there was no balancing of powers between the states and the federal

government. The Constitution gave Congress specifically listed or enumerated powers. Under the

Articles of Confederation, the states had more power than the national government. The

Constitution divides power between the federal and state governments. Delegated powers are

powers given specifically to the Federal government. Reserved powers are those given

specifically to the states. Concurrent powers are shared between the federal and state

governments. Because the Articles of Confederation created a weak central government, it was

necessary for the founding fathers to meet and improve upon the Articles of Confederation by

writing the Constitution.