Weaknesses of the Articles of
Confederation
Weaknesses of the Articles of
Confederation
Weakness
 No power to tax
Result
No money
 No national executive
No enforcement of laws
 Unicameral legislature
One vote / state
unequal representation
 No judicial/national court
Problems with interstate
relations
No checks & balances!
Weaknesses of the Articles of
Confederation
Weaknesses
Results
 No regulation of commerce
Economic quarrels
No foreign trade
 No power to maintain army
No defense
 Government dominated by
states
No unity
 Need 9/13 to pass a law &
Impossible to accomplish
unanimous consent to amend
Other Problems under
Confederated Government
 States were issuing their own paper money but
inflation soon made it worthless
 Post war depression hurt small businesses and
lowered prices farmers received for their crops
which left farmers unable to pay debts.
 In Mass. farmers attacked courthouses to prevent
judges from foreclosing on farmers –
Shay’s Rebellion.
Other Problems under Confederated
Government
 Some of the economic elite in other states feared
more attacks like Shay’s Rebellion where the
people had taken the law into their hands and
violated the property rights of others.
Other Problems under Confederated
Government
Neither Congress nor Mass. was not able
to pay for a militia to stop the rebellion –
privately paid forces had to do the job.
All this fueled the dissatisfaction with the
Articles of Confederation.
How the Constitution
addressed the problems of the
Articles of Confederation
Weaknesses of the Articles of
Confederation
Weakness
 No power to tax
 No national executive
Solution
Article I sec 8
Congress has power
Article II
Presidential power
 Unicameral legislature
Article I
Bicameral legislature
 No judicial/national
court
Article III
National Courts
Weaknesses of the Articles of
Confederation
Weaknesses
 No regulation of commerce
Solutions
Article I sec 8
foreign & interstate commerce
 No power to maintain army
Article I sec 8
 Government dominated by
states
Article VI
 Need 9/13 to pass a law &
unanimous consent to
amend
Articles I & V
I = majority for laws
V = 2/3 & ¾ to ammend
army & navy
Constitution & Federal
Govt are supreme
Motivation of the Framers
Two Theories
MOTIVATION OF THE FRAMERS
Two Theories
Charles Beard : The economic elitist view
o The framers of the Constitution represented the “solid,
conservative, commercial and financial interests of the
country.”
o They were distrustful of the majority rule and sought to
structure the government to prevent democratic excess
and protect the interests of the propertied class.
o Many framers were trained in politics, law, finance and
administration and were landowners, merchants &
creditors (the economic elite)
Charles Beard : The economic elitist view
o Objected to direct popular government – thought the
representative form would check the “democratic
excesses” of the people and the aristocratic body (Senate)
of men of property would hold down the turbulence of
democracy
Supports for his arguments:
o Many of the delegates were the economic elite
o Checks & balances were built in the doctrine that one
popular branch of government cannot be allowed to
sway or enact laws touching on property
o There was exclusion of direct vote for President and
Senate
o There was an independent judiciary
Supports for Beard’s argument (cont’)
o There would have been property qualifications for
voting in the Constitution but they couldn’t agree on the
nature & amount
o Finally, ratification was not by popular vote but through
the state legislatures where a more elite economic view
prevailed.
John Roche: A democratic reform view
o The framing of the Constitution was a
democratic reform process
o They were professional politicians who
hammered out a series of pragmatic
compromises which would strengthen the
national interest but also be acceptable to the
people.
o Framers were a political elite that were not just
dedicated to establishing an effective controlled
national government that would overcome the
weaknesses of the Articles of Confederation.
John Roche: A democratic reform view
o The framers risked their political fortunes by opposing
the established doctrines of state sovereignty because
they were convinced that the existing system was
leading to national impotence and probably foreign
domination.
o “The Constitution was not a triumph of architectonic
genius, it was a patchwork sewn together under the
pressure of both time and events by a group of
extremely talented democratic politicians. “
Translation: the document was a conglomeration of
compromises put together to make the Constitution “saleable”
to the general population.
Supports for Roche’s argument
o The Va. Delegation came to the convention with a
completely new plan which set the agenda from revision
of the Articles to complete change.
o Although he was against equal representation in the
Senate, Madison was willing to compromise knowing
that there would not be a Constitution without
compromise.
o The concept of federalism was just a compromise
worked out by the supporters of strong central
government and state sovereignty
`
Supports for Roche’s’s argument
o Practical compromises:
o - Electoral College: a “jerry-rigged improvisation”
that gave a bonus to the small states and settled an
argument over the selection of the executive
o - Three-Fifths Compromise: was a bargain between
the Northern & Southern states - compromise of 3/5
representation for slaves for the South
o - Trade Compromises: The South is allowed to
continue slave trade for 20 years & a 20 year ban on
cotton taxation in exchange for majority vote for any
navigation acts that the Northern states wanted.
o Motivation: Compromises to get passage of the
Constitution