Thursday, October 17, 2019

The U.S. Constitution and the Articles of Confederation Assignment

The U.S. Constitution and the Articles of Confederation - Assignment Example It also finds that the political philosophy depicted in these is that pertaining to the state rights. Introduction United States has operated under a set of two rules. One of these is the Articles of Confederation, which was ratified in 1781, in Maryland. The second one is the US constitution, which was ratified in 1788, in New Hampshire, and which has served to replace the Articles of the Confederation (Kimberly, 2009). There are certain similarities between the US constitution and the Article of the Confederation. These similarities are particularly depicted in the relationship between the states and the federal government and have also been pivotal in informing the federal government responsiveness. This paper responds to various questions regarding US constitution and the Articles of the Confederation. Response to Question 1 There are certain similarities between the US constitution and the Article of the Confederation. Section 1 of the article IV of the constitution accords cred it, as well as full faith to every state as pertains to records, judiciary and public acts. On the other hand, this can also be found in the Article of the Confederation and it is the pillar of section IV, in a move that is deliberately aimed at securing and perpetuating mutual friendship. Secondly, in section 2 of article IV of the constitution, it is stated that each citizen shall be accorded the privileges, as well as enjoy immunities from other states. In the case where a person flees justice from one state, the state reserves the right to demand for the arrest and submission to the state in which the person fled. This is also reflected in Article IV of the Article of the Confederation, in stipulating that except fugitives, vagabonds, and paupers, all other citizens are accorded privileges such as those of the natives in other states. Thirdly, Article IV of the confederate of states bars a state from seeking embassy, receiving embassy or according establishing treaties, among ot her ways, with other nations without the consent of United States congress. On the other hand, this is contained evident in section 3 of article IV of the constitution that no state shall engage territorial affairs without the consent of the congress. Thus, the similarities between the Articles of the Confederate and the constitution are felt in the area regarding the relationship between the states and the Federal government. This similarity has been accounted based on the fact that the Articles of the Confederate were very crucial in informing the making of the constitution, as far as the area of the state relations is concerned (Hall & Feldmeier, 2013). Response to Question 2 The provisions of the constitution, as had earlier served by the Articles of the Confederate of states has served in the making the federal government less responsive to the people’s needs. One area that can be seen is power distribution and limitation. As far as checks and balances are concerned, it may not be disputed that a desirable liberal system is that which contains various devices for limiting power via checks and balances. Such a system functions based on constitution and law, as well as based on interactions between the institutions and individuals. This is because the allocation of excessive powers to one arm would have been accompanied by the

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