Article tworetains its solvency freedom and independence. And every power jurisdiction in right, which is not by this confederation expressly delegated to the United States. In the Congress assembled, how does the US constitution address concerns that resulted from the government's description in this passage?
The concerns addressed in the passage are related to the retention of freedom, independence, and power by individual states, which are not explicitly delegated to the United States under the confederation. The United States Constitution, on the other hand, seeks to address these concerns by establishing a more centralized and powerful national government while also ensuring the preservation of state authority.
The Constitution addresses these concerns through several provisions:
1. Separation of Powers: The Constitution divides the powers of the government into three separate branches - the legislative, executive, and judicial branches. This separation ensures a system of checks and balances and prevents the concentration of power in any one branch.
2. Enumerated Powers: The Constitution explicitly lists the powers granted to the federal government, mainly in Article I, Section 8. These enumerated powers define the authority of the federal government, and any powers not mentioned there are reserved for the states. This helps protect state sovereignty and prevents the federal government from encroaching on state powers.
3. Supremacy Clause: The Supremacy Clause, found in Article VI, establishes that the Constitution, along with federal laws and treaties, is the supreme law of the land. This means that state laws that conflict with federal laws can be overruled, ensuring a unified national government.
4. Tenth Amendment: The Tenth Amendment explicitly reserves all powers not delegated to the United States by the Constitution to the states or the people. This amendment reinforces the idea of state sovereignty and acts as a safeguard against potential federal overreach.
These constitutional provisions aim to strike a balance between a strong federal government and the rights and powers of individual states, addressing the concerns presented in the passage.
The passage you mentioned is from Article II of the Articles of Confederation, which was the governing document of the United States before the current Constitution. The passage states that each state retains its sovereignty, freedom, and independence, and that any power not explicitly granted to the United States by the Articles of Confederation remains with the individual states.
The concerns raised by this passage were addressed in the US Constitution, which replaced the Articles of Confederation. The Constitution sought to create a stronger and more centralized national government while still maintaining a balance of power between the federal government and the states.
To address these concerns, the Constitution outlines a system of federalism, where power is divided between the national government and the state governments. The Constitution grants certain powers to the federal government, such as the power to regulate interstate commerce, declare war, and coin money. These powers are explicitly enumerated in Article I, Section 8 of the Constitution.
However, the Tenth Amendment of the Constitution addresses the concerns raised in the passage you mentioned by stating that powers not delegated to the federal government nor prohibited by the Constitution are reserved to the states or to the people. This means that any power not specifically given to the federal government in the Constitution is reserved for the states to exercise.
This system of federalism, with a delineation of powers between the federal government and the states, was designed to address the concerns raised by the passage in the Articles of Confederation, ensuring that the national government had the authority it needed while still preserving the sovereignty and independence of the individual states.
The passage you mentioned is actually from the Articles of Confederation, which was the first constitution of the United States. The United States Constitution, which replaced the Articles of Confederation, addresses the concerns that resulted from the government's description in a few important ways.
1. Increased Power of the Federal Government: One of the main concerns with the Articles of Confederation was that the federal government was too weak. The Constitution addressed this by establishing a stronger central government with more authority and power. It created three separate branches of government: the legislative branch (Congress), the executive branch (headed by the President), and the judicial branch (the court system). This arrangement ensures a system of checks and balances and allows for effective governance at the federal level.
2. Separation of Powers: The Constitution also specifically addresses the concern about the concentration of power by implementing the principle of separation of powers. Each branch of the government has its own distinct powers and responsibilities, which serves to prevent any single branch or person from becoming too powerful. This separation allows for a more balanced and accountable system of government.
3. Delegation of Powers: In the passage you mentioned, the concern was raised about powers not expressly delegated to the United States under the Articles of Confederation. The Constitution addresses this concern by outlining the specific powers granted to the federal government while also reserving certain powers to the states. The Tenth Amendment of the Constitution specifically states that any powers not delegated to the federal government are reserved for the states or the people, ensuring that the federal government's authority remains limited.
4. Supremacy Clause: The Constitution includes a Supremacy Clause (Article VI, Clause 2), which establishes that the Constitution, along with federal laws and treaties, is the supreme law of the land. This clarifies that federal law takes precedence over state laws in cases of conflict, providing a cohesive and unified legal framework throughout the United States.
Overall, the United States Constitution was designed to address the concerns raised by the weaknesses of the Articles of Confederation. It created a stronger federal government, balanced power among the branches, clarified the division of powers between the federal government and the states, and established a unified legal system.