preview

Confederation and Constitution

Better Essays
CONFEDERATION AND CONSTITUTION

By:

Instructor:

Comparison between the Articles of Confederation and Constitution

The Articles of Confederation, formally known as the Articles of Confederation and Perpetual Union, refers to an agreement between the thirteen founding states that first formed the United States of America as a confederation of sovereign states. The Articles of Confederation had served as the first U.S. constitution (Merrill, 1959). The states under the confederation were Virginia, South Carolina, New York, Massachusetts, Connecticut, Georgia, Rhode Island, New Hampshire, New Jersey, Pennsylvania, North Carolina, Delaware and Maryland. In 1787, a constitutional
…show more content…
The representation according to the constitution was in accordance with the structure of Federalism.

Division of Powers in the National Government

Articles of Confederation provided one legislative body (unicameral) with all powers of national government which was the Congress Assembly. All decisions and relations were derived from the Congress (Wendel, 1981). Matters of law, settling disputes, foreign relations, including all the others issued from Congress (Merrill, 1959). However, Congress did not have the ability to implement laws, and had limited ability to judge on law or disputes because a dedicated judiciary was not in place. The Congress, however, appointed courts to preside on piracy and High Seas crimes, resolve disputes between States and individuals from different States.

The Constitution, however, provided for division of power of the National government into three distinct branches, each with specified duties. The Legislature composed of the Senate and House of Representatives is mandated with making laws (Maier, 2010). The executive was to enforce laws with the President while the Judiciary and inferior courts is to judge using the law. A mechanism was also provided to each of the three branches to view the power on other two and encroachments into other branches ' powers.

Powers of
Get Access