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The Articles of Confederation, the first official government of the United States had many serious weaknesses. 1) Under the Articles there was only a unicameral legislature so that there was no separation of powers. 2) The central government under the Articles was too weak since the majority of the power rested with the states. 3) Congress, under the Articles, did not have the power to tax which meant that they could never put their finances in order. 4) In order to change or amend the Articles, unanimous approval of the states was required which essentially meant that changes to the Articles were impossible. ... 6) Under the Articles, Congress did not have the power to regulate commerce which will cause competition between states as well as diplomatic issues,1. ...
Alston then turns to the link between the Articles of Confederation and the Constitution, emphasizing the interpretation of Merrill Jensen, On the Articles of Confederation (1940).
Jensen approaches the question of the Articles of Confederation not from the traditional and orthodox point of view that they were replaced and were therefore a failure and that the Constitution was a necessity, the only alternative to chaos, but rather from the point of view of the American Revolution itself. ... )
Jensens argument is that the Articles of Confederation were the explicit statements of the radicals distaste for aristocracy and the disease of politics. Alston discussed the Articles of Confederation at this point. He enumerated the traditional "school boy" list of ills that supposedly made the Articles of Confederation too weak to serve the needs of the newly established United States of America. ...
Þ No safeguards for private property and no provisions for enforcement of contracts
Þ Federal laws were null and void if they conflicted with state laws
Þ Unanimous consent required to amend the articles.
Approximate Word count = 1439 Approximate Pages = 5.8 (250 words per page double spaced)
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