The Articles of Confederation and Perpetual Union were, after a complicated process of negotiations and amending, replaced by the Constitution of the USA. There were several problems with the Articles of Confederation, mainly related to inefficient fiscal policy and an absence of executive regulator. Congress, as a main legislative body, was unable to raise money, debts and interest to perform necessary functions. There was no appropriate executive body to enforce national laws, provide resolution to foreign and domestic affairs. The states interests were above the interests of a whole country and they could independently regulate trade by using embargoes or signing foreign contracts, raise armies and begin wars.
The American Constitution, highly inspired by the philosophic concepts of John Locke’s natural law and contract government, was aimed not only at the resolution of those problems but also at establishment of a civil society and ensuring the protection of life, liberty and property of its citizens. According to John Locke, within a state of natural law, where all human beings posses the same rate of rights and liberties and naturally don’t delegate them in order to avoid enslavement, the enjoyment of their properties is unsafe and highly endangered because of absence of a proper regulation, and “this makes him willing to quit a condition, which, however free, is full of fears and continual dangers: and it is not without reason, that he seeks out, and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties and estates, which I call by the general name, property” (2nd Tr., §123).
This concept was implied into creation of the Constitution, which included some crucial points which strengthened the authority of national government within the federal government system, though aimed at ensuring the rights of people in the states. Thus, the Constitution allowed Congress for the creation of army, established federal judiciary, allowed for the coinage of money as well as permitted the federal government to enter into treaties and trade agreements as one nation, and gave it a right to levy taxes in order to provide an effective regulation of the economy. In order to fairly divide the power between states, it set the representation in the House of Representatives according to the population of each state, and an equal representation in the Senate.
Nowadays there is a constant discussion on the effectiveness of the Constitution between the Conservatives, Liberals and Centrists. Indeed, there is no ideal functioning constitutional model and many factors of global scales, such as a global economic crisis, for example, now influence its effectiveness. Therefore, many amendments were proposed. Among the last crucial points concerned to be changed, were the proposals of Kirby Palm, which can be classified to a category of “Offense and Recourse” and refers to what constitutes a governmental violation of the Constitution and what can be done about it. It is sure that the primary goal of its founding fathers of being the …
Posted by: Idalia Stillman