The Articles of Confederation and the Constitution

Paper Summary:

This paper recounts the drafting, implementation, amendment, and eventual rejection of the Articles of Confederation. The paper states that its main failure was that it was aimed primarily to prevent usurpation of power by the government, rather than provide for effective governance. A more effective Constitution was drafted as a result, which reduced state sovereignty and allotted greater power to the central government. In summary, the paper contends that the Articles of Confederation reflected the fear of governmental usurpation of power and created a government so powerless it could not function, while the Constitution gave the new government the power it needed to function.

From the Paper:

"In Federalist # 51, James Madison argued that the government was structured to preserve liberty. No one branch could hold sway over the others, and judge, appointed by the other branches, would be selected for quality, not popularity. (Federalist # 51) By creating the checks and balances, the government could control public excesses, but could not itself usurp power. The legislature, the most dangerous branch, was the most checked. Meanwhile, the size of the nation would prevent mob rule, because factions would check one another. (Federalist # 51)"

Sample of Sources Used:

• Barbash, Fred. The Founding: A Dramatic Account of the Writing of the Constitution. New York, New York: Simon and Schuster, 1987.
• Berkin, Carol. A Brilliant Solution: Inventing the American Constitution. New York, New York: Harcourt Inc. 2002.
• Bowen, Catherine. Miracle at Philadelphia. New York, New York: Book-of-the-Month-Club, 1986.
• Brands, H.W. The First American: The Life and Times of Benjamin Franklin. New York, New York: Doubleday, 2000.
• Brown, Robert. Charles Beard and the Constitution. New York, New York: W. W. Norton & Co. 1956.

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