On could lead to an unjust or bias trial

On September 17, 1787 the Constitution was completed and signed at Independence Hall, in Philadelphia, Pennsylvania. The Constitution is the main document outlining America’s government today, after the failed Articles of Confederation, written in 1777. While the Articles favored power within independent state governments, historical events tell us that power resting in the hands of the states was not beneficial to America’s growth.  The three main weaknesses of the Articles of Confederation were, the lack of a National Court System, the inability of Congress to tax , and the fact that Congress did not have the power to settle disputes among states, all of these would be later resolved with the Constitution. The first major weakness of the Articles of Confederation was the lack of power and authority in the state courts, and the lack of a central or “supreme” court. American’s thought it would be best to leave judicial power and opinions within the states, as they already thought of themselves as separate “countries” rather than United States. This would lead to issues within our country’s judicial system, one issue being that if there is no court higher than the states, that could lead to an unjust or bias trial depending on how that state decides to run their court. This is stated in Article IX, “by one of the judges of the Supreme or Superior court of the State, where the cause shall be tried, well and truly to hear and determine the matter in question”. From this translation we can infer that if there is ever a criminal penalty and or obstruction of justice, that you shall proceed through your local courts, but there will never be a court or justice higher than the states. The major issue with this is that, if one state handles a trial or an issue differently than another, then the citizens are sure to speak up about the corruption. The reason this weakness is amended in the Constitution is to have another (supreme) authority look over the judgement of other states. This also expands the American court system to a whole new level, by letting trails not have to stop with the state courts as final verdict, but to be able to take it to a national level is something the Articles wouldn’t have made possible.  That way there is also someone to determine if acts of the Congress are constitutional or not, this would later come into effect and referred to as Judicial Review. Along with this lack of a central court system there were also problems with the lack of central taxation.Another major weakness within the Articles was the central government’s inability to tax. After the Revolution with Britain, Americans feared a government with an absolute monarchy, leading to unjust taxation upon its citizens. Therefore in Article VIII it states, “The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states…”. This grants the states more power than the higher federal government, and this will become an apparent problem when it comes to America’s national identity, and the identity of the states as well. Examples of some of these identity struggles that will appear are; representation of the states in Congress, power and authority of unjust state courts, and basic community and state laws that may differ elsewhere. Reducing the power of taxation would also come back to haunt us, due to the massive war debt that America had with the French, Spanish and Dutch. Not only was there existing debt with our allies, but  also the U.S was put into an even steeper financial situation when these countries started adding interest into the equation. We would never end up paying them back fully, in some instances damaging our relations with the current allies, and this will affect America’s financial choices internationally later on neutrality. An example of how this affects us later on is when we decide to sign “the three treaties that kept us out of war”; Jay’s Treaty, Treaty of Greenville, and Pinckney’s Treaty. Jay’s treaty being the one that affects us the most internationally, declares the U.S. “neutral”, but indirectly sides us with Britain during the Anglo-French War. This would in turn break a lot of trust between the United States and France. During 1786, acts of  government opposition were being supported by citizens, specifically soldiers who served during the American Revolution. Their reasoning for complaint, being the fact that their government still hadn’t paid them for their time and service fought in the war.. A popular example being Shay’s Rebellion Newburgh Conspiracy from 1786-1787, which involved Daniel Shays, a farmer, who lead a revolt to win back land taken by the government. This huge outcry for change would have never happened if the government had the power of taxation upon the citizens, because if central taxation was active, there would be national revenue to pay back soldiers from the Revolutionary War. Unfortunately, these soldiers were going into debt, and for those who were farmers, they were hitting rock bottom, unable to pay for their own land and properties. This is why Shays Rebellion is so important, because it exposes a weakness within our new government and the Articles itself, putting the document in question of efficiency. The way that the Constitution fixed this issue was by granting Congress the power to tax, therefore allowing the U.S. to start getting the long needed revenue to not only pay others back, but to build itself as an emerging new nation. These examples of public outcry dating back to when the Articles were still active, shows that our central government was being overridden by the amount of power within the states. In response to this growing issue addressing states rights, America needed a document that limited and allowed the separation of power between federal and state governments.The last major weakness of the Articles of Confederation was the fact that Congress did not have the power to settle disputes among the states. Again reducing the power of the central government impacted us negatively, but reducing the involvement of the government with the states could have been extremely dangerous as well. If the central government wasn’t allowed to intervene with domestic state disputes, that would lead to full on civil war. An example being if one state was against another and wanted to declare war on it, it could. This reduction of power is explained in Article IX, “The United States in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever…”. In this translation, we can can infer that the American central government will have little to no power along the lines of settling domestic disputes. Due to this weakness nothing will ever get past the argumentation of the state’s power, and we are very lucky we didn’t break out into a civil war during this time period. Another issue with this lack of central authority, is that states were always arguing over how others ran their governments (ex: judicial systems as explained earlier). Some states believe it was appropriate to handle government related issues one way, while others may have disagreed. This all ties into reasons of why the states should have conflicts, in a way they were running as separate countries, with a loosely unifying document that is barely keeping them together. This is where the amendments start coming into question.America needed to decide how to fix their mistakes within the Articles, with their already failed Annapolis Convention, they needed a 2nd Continental Congress to meet again to redesign this document, or scrap it completely. This will also involve bringing two newly developed viewpoints together; the Federalists and the Anti-Federalists, but many questions needed answers  about the state’s representation and how the powers would be separated between the states and federal government. With time, American’s organized themselves  in Philadelphia for the Continental Convention, where we would work to finalize and put an end to these issues. The outcome being, the Constitution, along with a later added Bill or Rights/10 Amendments, and the proposal and approvement of the Connecticut Plan ( which offered a bicameral legislature, gave senators equal vote and representation in Congress was based off of the state’s population). Even after the Continental Convention and up until now there are still amendments being made onto the Constitution. This proves that all forms of government in the United States are always changing.The Articles of Confederation ultimately failed due to the fact that America was living with a central government that was being overshadowed by the power of the states, given to them by the Articles. These major weaknesses of the Articles being  the lack of a National Court System, the inability of Congress to tax, and the fact that Congress did not have the power to settle disputes among states.  The Constitution fixed these problems through establishing more power within the central government itself, and balancing out the legislative, executive, and judicial branches. These issues were later resolved with the Constitution, allowing the U.S. to progress the way it has up to present times.