Articles of Confederation

Topics: Separation of powers, United States, United States Constitution Pages: 2 (589 words) Published: October 20, 2013
The failure of the Articles of Confederation lies in its two defects. Firstly, the Articles of Confederation did not implement the principle of separation of powers. The confederation only has one system of parliament, but no independent executive branch and judicial branch. Congress not only enjoys legislative power, but also has the executive and judicial powers. Article IX stipulated that “The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated 'A Committee of the States', and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction” . The judicial functions of the Congress are not full, it only has the right to award the border dispute, jurisdiction disputes, private land disputes and maritime crime. The Congress is mainly used to resolve contradictions and conflicts between states, rather than the final judicial authority. Second, the central government's power is weak while the small states are more power. Article II stipulated that ”Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. “ It has no independent right of conscription, taxation rights, trade jurisdiction and to the states that violate the Articles of Confederation, it has no right of mandatory sanctions. All the more important powers are subject to the consent of nine states. The independent exercise of power can only be some minor state power, such as the development of weights and measures standards, management of the Indian trade, management of the National Post, the development of army and navy regulations and so on. Therefore, the American scholar commented, the Congress is a real government in addressing the issue of...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • DBQ #3: The Articles of Confederation Essay
  • Constitution and the Article of Confederation Essay
  • America Under the Articles of Confederation Essay
  • Ap Us Dbq
  • Essay about Confederation and Constitution
  • Compare and contrast the Articles of confederation and the Constitution, especially in regard to the specific powers granted to the...
  • Article of Confederation Essay
  • The Articles of Confederation Research Paper

Become a StudyMode Member

Sign Up - It's Free