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Articles Of Confederation Limitations

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The failure of the Articles of Confederation resulting in international weakness and domestic economic turmoil made the “Second Founding” necessary. Thus the framers sought to create a powerful national government but also sets limitations such as the separation of powers, federalism and included a Bill of Rights to guard against the possible misuse of that power. Therefore, the Constitution was more of a voice for the federal government as it established and executive which was the “energy” of the national government. Furthermore, it gave the national government the power to tax and regulate interstate commerce. Finally, a supremacy clause was added to Article VI of the Constitution. Therefore, the Constitution vested certain specific powers …show more content…
To prevent its power, it was not given an executive branch and therefore, the execution of laws were left to the individual states. Furthermore, to further limit the powers of the Congress, the members were not much more than delegates or messengers from the state legislatures and were chosen by the state legislatures, their salaries were paid out of the state treasuries, and they were subject to immediate recall by state authorities. Additionally, each state, irrespective of its size, had only one vote. The Congress was given certain powers like declaring war and making peace, to make treaties and alliances, to coin or borrow money, and to regulate trade with the Native Americans and appoint senior officers of the U.S. Army but it had some major …show more content…
The McCulloch v. Maryland (1819) and the New Deal era-federal government used interstate commerce power to establish national welfare state and economic regulation. Apart from these, all other powers belong to the states, unless deemed otherwise by the elastic (necessary and proper) clause. The exclusive powers which are the domain of the national government include that the states are expressly forbidden to issue their own paper money, tax imports and exports, regulate trade outside their own borders, and impair the obligation of contracts. Thus, the legislative branch was designed to be the most powerful. The character of this branch directly reflected the goal of the framers as the House of Representative was deigned to be directly responsible to the people, the powers of the House of Representatives was checked by the Senate who were appointed indirectly. This was done to guard against “excess democracy”. The staggered terms of the Senate protected changes in popular preferences transmitted by the state legislatures. These powers were granted to the Congress to make a powerful government which assured citizens that their views would be fully represented whenever the government exercised its new

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