Law Essay Sample on The Articles of Confederation vs. the Constitution

The Articles of Confederation vs. the Constitution

            Essentially, to set up the Articles of Confederation and the U.S. Constitution demanded that a country be democratic. That is, no autocratic country could make either of the documents and uphold its provisions due to the nature of an autocracy. All these documents clearly affirmed that the national government ought to be fully in charge of foreign affairs. The Articles and the Constitution provide that the all the foreign affairs are in the hands of the national government. Both documents forbid the creation and awarding of the title of nobility. Besides, each document asserted that every state ought to treat other state’s citizens as they do to their own citizens without discrimination. Finally, in both documents there was a Congress.

            However, there are more differences than similarities. For instance, under the articles, there is no system of federal courts while under the U.S. Constitution; there exists a system of federal courts solely to deal with the relationship between citizens as well as between states. Another difference is manifested in the amendment of each document whereby while 13/13 were needed to amend the articles, it was a requisite that 2/3 of both houses of Congress and 3/4 of state legislature to be present for amendment of the U.S. Constitution. In addition, the article does not provide any regulation of interstate trade while the constitution gives jurisdiction to the Congress to regulate trade between states.

            While the sovereignty resides in states as provided in the article, the U.S. Constitution is the supreme law of the state. Besides, the Constitution gives power to the Congress to levy taxes on citizens, which is limited in the articles as the Congress have to seek for permission in a bid to levy taxes.

References

Callahan, K. P. (2003). The Articles of Confederation: A Primary Source Investigation Into the Document That Preceded the U.S. Constitution. New York: The Rosen Publishing Group.

Cantu, D. A. (2002). American History Class Openers: Reflective and Critical Thinking Activities: Grades 5-8. New York: Teacher Created Resources.

Dautrich, K., & Yalof, D. (2011). American Government: Historical, Popular, and Global Perspectives, Brief Version. New York: Cengage Learning.

Dautrich, K., & Yalof, D. (2015). The Enduring Democracy. Boston: Cengage Learning.

Scaros, C. E. (2011). Understanding the Constitution. Sudbury: Jones & Bartlett Publishers.

Stobaugh, J. P. (2012). American History: Observations & Assessments from Early Settlement to Today, High School Level. New York: New Leaf Publishing Group.

Vile, J. R. (2012). The Writing and Ratification of the U.S. Constitution: Practical Virtue in Action. Chicago: Rowman & Littlefield.