Monday, April 6, 2020

US History CR3 - Creation of the Constitution Essays - Law

US History CR3 - Creation of the Constitution Directions: Your answer must be a minimum of 5 complete sentences. Prompt: The Constitution created a government very different than the government under the Articles of Confederation because the principlesseparation of powers, federalism, and checks and balanceswere applied differently . Therefore, explain how separation of powers, federalism, and checks and balances were different under the Constitution than they were unde r the Articles of Confederation. Response: The principles of the separation of powers, federalism, and checks and balances were applied differently in both the Constitution and the Articles of Confederation. Under the Articles of Confederation, the federal government that was established was only a Congress. The Congress consisted of one body with each statepossessing one vote. Every individual state had to vote in a unanimous agreement for any amend to be passed. The Congress had no taxing power, no power over interstate or foreign commerce. There was no federal courts, no independent executive, and all laws were only enforced by the courts of the states. That being said, only the state governments acted directly on the people, and every state was sovereign. Under the Constitution, The federal government that was established was composed of three distinct branches: legislative, executive, and judicial. The legislative branch was headed by Congress. Congress included two distinct parts- the House of Representatives and the Senate. The House possessed the power of creation of laws. The Senate had the power of impeaching officials and approving treaties. The executive branch headed by the President. Included in the executive branch were two distinct parts (after the President) - the Vice President and the Cabinet. The President, the Vice President, the Cabinet had the power to carry out, execute and enforce the law. The judicial branch was headed by the Supreme Court. The Supreme Court had the power to declare the constitutionality of laws, to overturn rulings, and interpretation of laws. Instead of requiring every individual state for a unanimous agreement for any amend to be passed, only 3/4ths of the states needed to be in agreement. Congress gained the power to create and collect taxes, duties,imposts, and excises, to regulate commerce with othernations and among the states. Federal courts were created, an Independent executive was created and chosen by the Electoral College, all laws were enforced by all courts. That being said, both central government and state governments acted directly on the people, and everyone in the nation was sovereign. The Constitution and the Articles of Confederation applied the principles of the separation of powers, federalism, and checks and balances in extremely different manners.