The Main Problems With The Constitution

The first way that the Constitution helped with the weaknesses of the United States were the different ways it made passing laws more fair. When amending a document the Articles of Confederation needed 13 out of 13 people to approve of the document. The Constitution provided a more reasonable way by having ⅔ of both houses and ¾ of the state legislature. This is a better method because not 100% of people are going to agree on everything. The same type of thing worked when passing laws. 9/13 people needed to approve in the Articles of Confederation while it’s now 50% +1 of both houses plus the signature of the President. This allows for things to be more fair and it makes sure everyone in power somewhat agrees on what is going on and not just a couple of people are deciding on what the citizens new laws will be.

One major flaw of the Articles of Confederation was that Congress was not granted the power to collect taxes from the citizens. Without having the power to levy and collect tax, Congress depended on the states to pay their assigned tax quotas voluntarily. The estimated amount of taxes to collected from the states every was not collected. The United States struggled to pay off debts and, without the power to collect taxes, Congress only had two alternatives for paying the debts and loans back: print more money or obtain loans to meet the deficient (Office of the Historian, para. 2). Congress decided to print more money, which led to inflation. The problem of inflation and the struggle of paying off debts monthly/annually were relatively reduced

As you may know, our Founding Fathers created our government and the Constitution. They had put together a system of government where it was split into three branches: the Executive, Legislative, and Judicial. This was so not just one person or one specific group of people would have all of the power. Now, that’s where checks and balances comes into the picture because it’s when each branch checks the other two for unconstitutionality or any wrongdoing Checks and balances have created a limited form of government by taking control of the President’s war powers and and term limits. Also, it has separated certain powers to certain branches, for example, the Legislative branch doesn’t have the powers the Judicial branch has, and the Executive branch doesn’t have the same powers the Legislative branch has.

To prevent from one branch of government having all power, and therefore having tyranny, (Madison FP # 47) Checks and Balances was added to the defenses of the constitution. There are three branches of government: Legislative Branch (Congress), Executive Branch (President), and Judicial Branch (The Courts). These three branches work together to check one another to make sure the power is evenly distributed and balanced, hence the name Checks and Balances. The way it works is that the Legislative Branch (Congress) can check the Executive Branch (President) by approving Presidential nominations, being able to override a President’s veto, and can impeach the President, him or her, from office. The Legislative Branch can check the Judicial Branch by having Senate confirm Presidential nominations and by being able to impeach judges and remove them from office. The President can check the Legislative Branch by vetoing Congressional legislation, and can check the Judicial Branch by nominating judges. The Judicial Branch can check the Legislative Branch by declaring laws unconstitutional, and can check the Executive Branch by declaring presidential acts unconstitutional. (Madison FP # 51) All three branches of government work together to make sure no branch is abusing their limited power, by using the system Checks and

The new Constitution fixes the problems that we have had under the Articles of Confederation. We have not had anyone oversee and make sure that laws are carried out. The Constitution sets up a president to do this. Do not fear that he would be a king, though, for he is not to have all power. It should be shared with two other government branches. One of these branches, called the Judicial Branch, adds national courts, which will help people settle disputes too big for a state court. Congress was left very little power at all under the Articles of Confederation. With the Constitution, Congress will be able to control the printing and sending of money in the States. This will allow Congress to pay off their debts remaining after the war. Congress

In May 1787, the Founding Fathers, who were made up of 55 delegates from one of the 13 states besides Rhode Island, met in Philadelphia for what would come to be called the Constitutional Convention [BRE]. When they met they intended to fix the consitution that was already in place, which was called the Articles of Confederation. This document had many weaknesses which ultimatly led to its downfall: it only had a legislative branch, so it could not hold trials or enforce laws, it could not raise taxes (it was able to raise money, however to do this the legislative branch had to ask the states for funds), it could not draft an army, so the federal government would have to use state militia, it could not control interstate or foreign commmerce,

In the article, “Framed Up What the Constitution gets wrong” written by Hendrik Hertzberg, Robert Dahl’s perspective on the United States Constitution, he is in favor of the “American system does a better job than the democratic alternatives, and quite a

The Articles of Confederation were placed as a form of temporary government. However, the Articles did not address the many problems the United States was having and going to have at the time. Therefore The Articles of Confederation were one of the weakest forms of functioning governments.

The constitution first started to provide protection over tyranny in the summer of 1787 where fifty-five delegates met in Philadelphia to help readjust the national government for the better. The task of each representative was to come together to create ideas without letting one person or any one group be in hold of too much power in order for the central government to grow stronger. The constitution had help led by the Articles of Confederation with their influence on not having a court system to make the state force a pay on taxes. The main challenge was to generate a Constitution that would be strong enough to retain possession of power for each state to a minimum so not a single person was the only one to have power or control. The guard on tyranny was supported in 4 ways federalism,separation of powers, checks and balances and small/large state compromises.

Imagine if the entire American government system was operated entire by the president. Every decision, law, and court ruling determined by only one person. There is no room for debate or questioning, ultimately leading to the abuse of power and authority. While this may seem completely absurd, many believe that this is not very far away from actual truth. Due to the uneven use of checks and balances among the three branches of government, it has resulted in the executive branch of the American government gaining too much power, therefore leaving the original intent of the constitution to be changed and unenforced.

When the framers of our revered Constitution came together to produce our governing system, they wanted to avoid the precedent of an all powerful entity that could control its citizens. They broke governments role into three important phases, which were the power to make laws, the power to interpret laws, and the ability to enforce them. To further decentralize these authority holding organizations, they created a system that allowed each of the three sections to have a say in each of the others ability to exercise said authority. This organization of overlapping power is referred to as a checks and balances system and was intended to create three equal powers to govern the United States. Over the years since its

Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they

Any nationwide endeavor across the world over is always faced with a myriad of challenges when one factor in, the interest of different individuals or groups. During the early years of the USA, there were many problems that politicians at the time faced when trying to create and strengthen the country’s Constitution. In the early 1780’s the young country was in a deep depression, and this played a key role in influencing the exercise as it ultimately led to a heated debate about the powers of the National and State governments. Most of the conservative politicians at the time preferred a stronger federal government while state radicals believed that states should have more power since it was in a better position to determine what was best for their citizens (Jilson, 2009). More sticking points divided the founding fathers which threatened the stability and establishment of the USA, such as slavery and federalism.

A common characteristic that contributes to the practices of democracy is the concept of checks and balances. James Madison, the fourth president quoted "the accumulation of all powers, legislative, executive, and judiciary, in the same hands...may justly be pronounced the very definition of tyranny." These checks and balances are primarily used to assure that the government or no branches or offices of the government hold to much power. The term “separation of powers” is somewhat inaccurate in terms of the powers are not actually be divided but they are ideally shared. The founding fathers of this country believed that unrestrained power is dangerous, and is a good thing the president and court check each other along with the state and federal governments. For example, the Congress is in charge of making the laws and other legislature authority but the president can veto that bill. In return, the president is also limited because the congress can then override the veto by 2/3 of the majority. The

An example of checks and balances is the two-third vote of Congress to approve a bill that the president has vetoed. Another provision of the Constitution that provides a means of preventing the abuse or misuse of governmental power is higher law which is to be obeyed by the government in the U.S. Constitution. The higher laws were established to protect individual rights. The government cannot use any of its power to take these rights away from any person without due process of law or in times of war. The last but not least provision that prevents the misuse or abuse of governmental power is the Bill of Rights. The Bill of Rights was put into our Constitution to help each person receive the rights they deserve, and to limit the government’s power in order to secure people’s rights.