Weaknesses of the Articles of Confederation

After the Declaration of Independence, America was face with the challenges of dealing with Britain and establishing a strong army for defense. The Articles of Confederation were a quick fix to address these challenges.

1A Despite playing a key role in laying the foundation for a future constitution, the Articles of the Confederation had the following weaknesses

It did not provide for an executive branch to enforce laws. The article created a loose and weak central government, with no powers to decide national matters. The president of the union was not a specific individual, but whoever happened to be the presiding officer during congressional m meetings. After the revolution, all the 13 independent states had sovereign powers which limited the central governments influence. The judicial system was also weak, since each state had its own courts to decide internal matters. The central government could not intervene even in matters whose effects could spill into the national sphere. Similarly, the central government had no powers to control inter-state trade, which resulted in states levying tariffs on goods across state borders.

The article gave each state one vote in the chamber regardless their population. This had the negative effects of small states blocking the interests of bigger states. In the end, the interests of a minority group overcame those of the majority. In the levying of taxes, for instance, the states had the sole powers of collecting and then remitting to the national treasury. However, most states often failed to pay and there was nothing the other states or the central government could do. This portended planning problems in regard to provision of services and running of the central governments affairs. Similarly, major bills could not be passed without nine of the thirteen seats, and yet all not all states were represented at any given time.

1B Nonetheless, the Articles made some achievements in relation to the challenges of the time. First, it gave the continental congress powers over the military, foreign affairs, creating and running a postal service as well as regulating the currency. These were sensitive issues that could have raise conflicts if they were to be left to individual states. At the time, American was still under military threat from Britain, and so she needed a well coordinated body to foresee her military provisions. Trade across the states could have been hampered if each was to coin its own currency. And lastly, dealing with foreign states could have been difficult if each state came up with its own foreign policies.

1C The most significant achievement of the confederation was laying the foundation for a national government. However, it failed significantly in its lack of a national justice system.

2A The implementation of the federal system recognized the unique interests of individual states. Thus, each state was afforded some autonomy. At the same time, there was need to ensure cohesion and avoid inter-state conflicts, as well as protect the nation against external aggression. For these reasons, a central government with executive branches was instituted. The central government had the powers to intervene in matters of national interest.

I think the compromise of power between Congress and the Executive on the one hand and between State and Central government on the other was the best thing that ever happened to America at the Philadelphia Convention. It was a perfect balance that avoided abuse of power by any one office.
James Madison defined a faction as any group or groups of individuals with a common interest. For instance, the groups opposing each other over the Health Bill could be said to be different factions. Factions emerged due to the differences among people which created conflicting interests. Madison argued that factions were undesirable since they could easily form a majority and force their way even if at the expense of others, who collectively forms a majority, but nonetheless a minority since they dont have a common interest. To avoid the negative effects of factions, Madison suggested a federal government, in which each state had the autonomy to serve its own interests. However, a central government should be in place to ensure fairness in the distribution of national resources and civil justice.

2B About issues of overbearing majority, Madison contended that if the majority were left to run the show, they will easily violate the rights of others. He discussed these issues in the federalist papers 10 and 51. He differed with a democracy which gave absolute powers to the states. He argued against it since this weakened the central government and exposed minority groups to the mercies of majority factions. In fact, Madisons main concern was to avoid the dangers posed by the emergence of factions. Absolute democracy provided grounds for the establishment of such factions. At the same time, he recognized the right to liberty in the Declaration of Independence. Thus, the federalist model aimed to respect that provision but also protect minority groups against the excesses of overbearing majorities.

2C Specifically, the federalist papers touched on the question of liberty and happiness in independent America, i.e. the influence that individual citizens had in matters of governance, over their lives and by extension, how far they can go in pursuing happiness. It also limits the powers of individual states, which Madison feared would make a faction under a democracy. A full democracy gave absolute powers and autonomy to the peoplestates, limiting the influence of the central government over them. It seems that the democratic approach intended to exercise the right to liberty to the last letter.

Accordingly, the two federalist papers favored a collective republican government in which a central authority determines key policies, as opposed to absolute democracy delegated to individual states. In a sense, this move is interpreted as denying the people the right to govern themselves and seek self satisfaction somewhat in contravention of the principles of the declaration of independence viz. the right to liberty and happiness, and the right to oppose any form of government that violates these rights. However, the federalist papers 10 and 51 give provisions within which the stated rights are protected. In this regard, this essay seeks to argue that the public plan as explained in these papers is consistent with the sentiments of the declaration of independence.

Even the minority have got the right to liberty and happiness. The plan intended to avoid the dangers posed by majority groups in the name of democracy. In any human society with peoples of diverse backgrounds and interests, it is possible for conflicts to arise. In a small independent state, a few individuals will form majority and within the context of absolute democracy, effect changes which serves self interests. The republican plan avoids such an occurrence by ensuring justice and equality to all groups. Imagine what would happen if all the gays in America were to rise and call for constitutional changes which recognized only gay marriages. However, the republican system affords them their rights without necessarily violating those of others. Where will other religious groups go if majority Christians were to gang up and change the constitution in their favor Choices must be made, not necessarily of a perfect good, but for the greater good of all people.

The republican plan fulfills the political philosophy of the declaration of independence by guarding against minority tyranny. In a small autonomous state, it is possible for a minority group to control the instruments of power and oppress the rest of the population. Rwanda was such a state, where only two groups of people (tribes) competed for resources. When one group dominated the other and consolidated all the state apparatus in their hands, the result was a genocide that wiped out millions of the minority group. That will never happen in America, since the minorities are individual groups who collectively make a formidable force against any homogenous majority. To illustrate this, let us consider the numerous religions in America. Christians on the one hand are by far the dominant group. However, they will not undermine a combined force of Muslims, Hindus Buddhists etc. In the context of governance, the minority groups in the various states are protected within the umbrella of the federal government. It is in so doing, .i.e. by bringing together diverse groups, that the republican plan protects both the minority and majority groups. In the face of the rest, even those who will pass as the majority in smaller contexts become a minority, who will not oppress others in the guise of liberty and happiness.

The federalists had the wisdom of understanding that pure homogeneity in terms of ideas is not achievable in a human society. Not even when it is a brilliant presidential dream from the White House, like a health policy for all Americans. Were it that it was the pursuit of happiness no matter what, that a health policy was the sought happiness, and that the right to liberty alone provided sufficient grounds, then the same liberty and happiness would have been denied those who felt disadvantaged by the policy. What the republican plan did, therefore, was to avoid the loopholes in the declaration that a section of society would have exploited to affect the quest for self interests at the expense of other people. That the plan made it an unworkable venture is testimony of its commitment to achieve liberty and happiness to all citizens.

And lastly, the provisions of federalist paper 51 ensured equality and justice to all, while recognizing the peoples sovereignty. The plan advocates for a system with decentralized power, equally vested in the three arms of government namely the presidency, the legislature and the judiciary. The peoples participation in matters of governance is achieved through democratic elections in which they are represented by popular leaders to the two first offices. To guard against concentration of power into the hands of minority groups, the three offices are vested with equal powers to counter check each other. In so doing, citizens are assured of accountable and fair representation.

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