Constitution Flaws

Superior Essays
“If men were angels, there would be no need of government.” -James Madison. Unfortunately, because men are not perfect and rather flawed, our country has government, and more specifically, our Constitution. Americans have abided by the Constitution for over 200 years, and if not for the great thought, time, and compromise that the founders put into this document, America might not have been the same. When America arose as a new country, we first had the Articles of Confederation. However, these Articles were simply not adequate for our newly formed country. There were many problems with it, and to preserve our country, the founders had to put much discussion and deliberation into creating a new document, which would become the Constitution. …show more content…
Starting with the first three articles, these describe the three branches of government. First, the role of the Legislative Branch, split into the House of Representatives and the Senate, whose primary role is to make laws. The second article discusses the Executive Branch, the branch of government headed by a nationally elected President that manages the day-to-day operations of government. The third article is about the Judicial Branch, and outlines the powers of the federal court system. After setting up the branches of government, the Constitution defines the reciprocity of the states in Article IV, which outlines the relationship between the states and the federal government. This article ensures in each state a republican form of government, and has the government protect the nation from foreign or domestic violence. Article V talks about the need to amend the Constitution by the states and Congress if the ever-changing society needs so. Article VI states that any official must swear an oath to the Constitution. Lastly there is Article VII, which deals with ratification of the Constitution. This article is simply one sentence and states how the Constitution will be …show more content…
The separation of powers is likely the most vital to our country, in that we have no one person or elite group in power, that power is divided in a way that keeps it in control. This goes hand-in-hand with the three branches and checks and balances. Separated and sharing power, they keep the other in check and create balance in the government. This was key regarding the compromise the founders made, strengthening the government from what it was but still keeping it in control. This goes back to the writing of John Locke, who contended that legitimate government comes from the consent of the governed, who have “natural rights,” prohibiting the government from being corrupt (42). This also complements the Republican representation in our country, that instead of being directly in control of the people, whose opinions and passions can be never-endingly fickle, the people are represented through a small group of elected officials (55). Furthermore, the Constitution speaks of federalism, which speaks on the boundaries between state powers and the national governments powers (56). This is expressed specifically in the 10th amendment, which gives power to the states, or police powers, if

Related Documents

  • Improved Essays

    The Articles of Confederation had many problems. As a result, a new document was written to clear up the flaws of the Articles and establish a stronger United States. Under the Articles of Confederation, many items needed for a functioning democracy were lacking including needing unanimous decisions to pass an amendment, no power to tax the states, no judicial system, and each state only getting one vote regardless of population. Many of these problems arose because when the document was written the framers were afraid of a strong central democracy, that fear was soon quelled when the Constitution was written with checks and balances. The problem of needing a unanimous decision for an amendment was solved under Article V of the Constitution changing it to a ¾ majority needed to pass an amendment.…

    • 509 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Constitution was created to replace the Articles of Confederation, since the Articles of Confederation granted too little power to the federal government, which caused Shay’s rebellion. Within the Constitution, there are laws that both limit and give power to the federal government and other laws that protected citizen’s natural rights of life, liberty, and the pursuit of happiness or property. The Constitution that was once the cause of national unity caused the Union to split into two separate sides: the abolitionist North, and the slave-holding South. The reasoning of this is mainly due to the Constitution’s ability to adapt to changes according the circumstances.…

    • 722 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Us Constitution Dbq

    • 735 Words
    • 3 Pages

    United States Constitution Before there was even a constitution to amend and abide by, the United States government followed the Articles of Confederation. After years of the system’s lack of efficiency, the constitution was created. The constitution was a new system of necessary laws that limited governmental power and distributed it among the states. It played a major role in the lives of past Americans and continues to do so today.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Articles established the basic functions of national government in America after its newfound independence from Britain. The Articles were not strong enough to prevent conflict in the states, Shays’ Rebellion, so states wanted more power (Doc G). Americans called for change in the Articles, so delegates from all the states met at the Constitutional Convention and instead of just making minor changes to the Articles, wrote the Constitution. The government was stronger after the Constitution, but Americans still argued about whether they liked it or not, Federalist versus Anti-Federalists (Doc I). Citizens also asked for a Bill of Rights…

    • 576 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    A New Democracy They are stumped, is there any way to become united? So, on May of 1787, in Philadelphia there was a Constitutional Convention held. James Madison was one of the 55 white males that attended. Their plan was to make a strong central government that prevented tyranny and pulled everyone together to form an united nation.…

    • 817 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Confederation Weaknesses

    • 838 Words
    • 4 Pages

    In Constitution, Watts states that the Constitution “…sets out the basic structure and functions of the various branches of government” (1). These being the executive, legislative and judicial branches. Our founding fathers wanted our country to be free from tyranny of the government and of the people, so they created the three branches of government and the system of checks and balances to make sure that one group does not assume more power than the other. The new structure for our government fixed many of the problems related to the Articles of Confederation. Under the Constitution, the states are no longer sovereign and the laws of the federal government are supreme.…

    • 838 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Sectional Compromise

    • 1335 Words
    • 6 Pages

    We must know why we needed a new constitution. It all started with The United States first form of government, The Articles of Confederation. The Articles of Confederation was adopted November 15, 1777 which was the countries first form of government. The Articles provided the power to the states instead of a strong central government. It may all…

    • 1335 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Under America’s first governing document, the Articles of Confederation, the national government grew weak and states operated like independent countries. In response to this the delegates at the 1787 convention which was originally set to ratify the Articles of Confederation devised a plan for a stronger federal government with three branches–executive, legislative and judicial–along with a system of checks and balances to ensure that no one branch would ever gain too much power. The U.S. Constitution established America’s national government and fundamental laws, while guaranteeing that certain basic rights for its citizens would be established and protected. It was signed on September 17, 1787, by delegates to the Constitutional Convention…

    • 1481 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Articles of Confederation marked the death of the 13 Colonies and the birth of the United States of America, a country of it’s own after fighting with a superpower for so long. After being controlled and constrained by Britain for centuries, the now-Americans were afraid of the government becoming a second Britain. The new American government drafted the Articles of Confederation in 1777, the first law of their new country, and to avoid creating another restrictive government, the Articles were extremely limited federally and failed to provide a strong government in terms of economics, law enforcement, and government. These issues can be shown by just a few of the restraints on the federal government: the inability to print national currency,…

    • 634 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    After the Americans won the Revolutionary War, they had to make a choice about how to run their new country. A set of laws, deemed the Articles of Confederation, was put into place. While this draft ensured primary concerns, such as the notion of majority rule and the protection of individual rights, there was still work left to guarantee a strong nation. In the 1780s, men from across the nation set out to create a new document that would support additional needs, titled the Constitution. The Constitution was a radical departure from the Articles of Confederation because it included a bicameral legislature, a stronger central government, and the formation of the checks-and-balances system.…

    • 660 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Following the American Revolution, the Articles of Confederation, the United States’ first written constitution, was ratified in 1781. The Articles of Confederation was designed to give the central government limited powers. American politicians feared that a strong central government could lead to tyranny similar to Great Britain’s government. Essentially, the Articles created a nation of sovereign states. Sovereignty status allowed states to govern themselves and interact with foreigners without the involvement of the central government.…

    • 1052 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    1. Describe some of the principles behind the Constitution. Discuss how the separation of powers and checks and balances are supposed to operate. How did the Constitution arrange the power relationships between the national government and the states? There are several principles behind the United States constitution, such as popular sovereignty, limited government, separation of power, checks and balances, and federalism.…

    • 779 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The United States Constitution is one of the shortest, longest standing, and most ambiguous constitutions in the world. This document establishes a democratic republic of many states under one federal government. In outlining the responsibilities and powers of each branch of the government and how they relate to state governments, many questions are left unanswered. Though this constitution outlines legislation’s role fairly clearly, it is far too vague concerning executive and judicial roles and the relationship between state and federal government.…

    • 1281 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Articles of Confederation was drafted for this purpose. After the colonies ' break from Great Britain, the document was intended to devise a system of government for the newly-united America. It established the fundamental…

    • 1350 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The United States Constitution is a document written to embody the fundamental laws of the United States. The first draft of the Constitution was called the Articles of Confederation, but the colonists quickly realized that the form of government the Articles of Confederation created was not going to work well. Consequently, the colonists held a Constitutional Convention, in 1787, the Constitutional Convention was held to amend the Articles of Confederation, they ended up drafting an entirely new Constitution. Some of the people who attended the Convention were Alexander Hamilton, George Washington, James Madison, Benjamin Franklin, and more. This new Constitution took a long time to construct, but eventually was ratified in 1788.…

    • 1741 Words
    • 7 Pages
    Improved Essays