The Confederation and Constitution

Confederation came into action when the states in America came together to form a common political power. The articles of confederation were the first form of constitution to be written and these articles the states remain solid and sovereign. The Congress was given the mandate to have armed forces, make treaties and alliance, and also to control the flow of currency. The central government, however, did not have the power to regulate commerce and collect taxes which led to the constitutional convention which was held in 1787 with a purpose to create federal laws. During this year the Congress came up with laws the new government would follow in term of ratifying the new constitution. 

In 1789 elected representatives of government gathered in New York City to replace the articles of confederation. The composed constitution was then presented to the Congress for confirmation whether the federalist papers had been included which acted as the background of the constitution. The draft was then presented to the states for ratification as it was proposed by the constitution. Due to need for equal power sharing between the Congress and the central government, there was a need for the establishment of a new constitution which clearly outlined how power would be shared among the two.When the declaration of independence was under pressure, it was agreed that there would be the formation of a constitution form of government on 11 the June 1776 and it was resolved the committee had to be established to prepare the type of confederation to be involved between these colonies. Each colony had its representatives. On 26 th June 1778 the Congress agreed to ratify the articles of confederation and fill any space. It was signed by representatives of Virginia, South Carolina, Pennsylvania, New York, New Hampshire and Connecticut. The articles of confederation contained 12 articles discussed below. 

Article 1 stated that the Confederacy would be named as The United States of America. Article 2 stated that every state retains independence and freedom, sovereignty, power, rights, and jurisdiction (Smith, 1997). Article 3 stated that the states had entered into firm friendship with each other for the security of their freedoms, their general and mutual welfare and their common defense. The article also stated that the states would bind themselves to assist each other against attacks made, or any force towards them on account of their sovereignty, religion, and trade. 

Article 4 stated that free inhabitants of these states shall have freedom, privileges, and immunities of citizenship in several states and shall exercise rights of commerce and trade.Subject to the same taxation, and also stated such rights should only be practiced within the law to avoid removal of property imported into a state and exported to another state where the owner is not a resident (Jensen, 1940). The constitution, however, stated that Congress had the power to regulate trade between the states. The article also provided that no import duty and limit shall be laid upon any state, the constitution however provided power to the Congress to control the interstate trade (Smith, 1997). If any person guilty and has committed a crime in his state and decide to flee to another state, the person shall be delivered up and taken to the state where he committed crime. Also, full credit and faith shall be delivered to each state to acts and judicial proceedings of the magistrates and courts for every state. 

Article 5 stated that for the sake of convenience in each state, delegates representatives should be sent from every state to meet the Congress on first Monday in November every year (Jensen, 1940). The article also stated that no state should have a representative of fewer than two members or more than seven members of the Congress. They also noted that no member should have the capability of being a delegate for more than three years in a term of six years, the constitution, however, did not state the period one was supposed to be in the Congress. The article also stated that for any person to become a delegate, he/she shall not be in any office in the United States or receive any salary or fees of any kind. It also stated that in responding to any issue requiring the number of the majority, each state should have one representative. The article also noted that each member of the Congress shall be entitled freedom of speech during debate sessions in congress and shall not be questioned by the court or be impeached expect in case of treason or triggering insecurity which was also incorporated in the new constitution. 

Article 6 outlined that no state without the grant from the Congress shall receive any embassy or send any embassy to, or sign an agreement with any state, king or alliance with any person holding an office which was also transferred in the new constitution for the sake of security (Smith, 1997). The article also stated that no two or more states should enter into an agreement and sign treaty, alliance or federation between them without the compliance of the United States in Congress assembling. The two countries shall explain the purpose of the same to be entered into, and also they must specify the period it shall continue. The article also stated that no state should participate in any war without the consent of US in Congress assembled. 

Article 7 stated that when an army is recruited for a common defense, soldiers shall be appointed by the legislatures and it shall be the role of the state to fill any vacancy (Jensen, 1940). The Congress authorized to raise and support the army in the new constitution. This article was one of the absolute reason why the articles failed as it leaves the role for every state to have its joint military. Article 8 stated that contribution to collective defense should be weighted proportionally to the amount of each state land thus a state with a large size might not be particularly happy with this type of arrangement mainly when that state is not likely to experience a terrorist attack. Today this would mean that a country like Montana would pay about twenty times more taxes than a state like New Jersey. 

Article 9 which is the longest of the 13 articles contains a variety of provisions whereby Congress shall have power in coining money, waging war and dissolving disputes between two or more states. The new constitution, however, would be done in united states only. However, some provisions required nine states to agree, and this made it difficult for the national government to exercise power and guide how the nation will run. Article 10 stated that when the Congress was not in place, nine states would act as Congress would and again this resulted in the difficulty for the policy to be implemented. 

Article 11 stated that Canada would be admitted to join the United States if it wished but for any other territory to join it would have to be granted by the nine states which is also the case in the new constitution that was formed. Article 12 outlined that the United States will clear all of its debts. Article 13 stated that all states should follow what the articles dictates and fully exercise them the article were not wholly incorporated in the formation of the new constitution as in the articles the states had much veto power and this made it difficult for the national government to be effective.The first U.S constitution was signed on September 17, 1787 by representatives of constitution convention in Philadelphia, and was presided by George Washington. The constitution laid its foundation on the articles of confederation though a devised plan had to be established by the delegates to provide a stronger federal government with executive, judiciary and legislature. Some of the key amendments that were made include; 

The constitution provided for a single vote for each legislative representative as opposed to the article of federation where voting power was given to states based on committees and each state had one vote in the articles of federation. Furthermore the constitution formed an executive branch establishing a department in the government that will act as public scrutiny also centralized authority in a single political entity. The constitution also provided an extensive system of governance checking and balancing the three branches of government. Most importantly the constitution established the bill of rights which laid the foundation for peoples to enjoy their citizenship. 

Reference 

Smith, D. G. (1997). An Analysis of Two Federal Structures: The Articles of Confederation and the Constitution.  San Diego L. Rev. ,  34 , 249. 

Jensen, M. (1940).  The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781 . Univ of Wisconsin Press.