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    The Constitution vs. The Articles of Confederation

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    What were the benefits of adopting the Constitution over continuing to use the Articles of Confederation? What were the drawbacks of adopting the Constitution? If you lived during this period in history, which of the philosophies would you have supported?

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    Solution Preview

    Dear Student,
    Hello. I think that in order for us to fully understand the differences, we need to consider the points in which the articles and constitution depart/disagree from each other. I am assuming that you have a copy/access to each and may I advise to look at them while using this solution so you can see the points listed below. Good luck & Thank you for using Brainmass.

    OTA 105878/Xenia Jones

    Articles of Confederation vs. The Constitution

    To understand what the benefits where, it is important to compare and contrast the positions in which the documents differ. I believe that they are thus:

    1. Taxation - The articles allow the congress to levy taxes on each state which means that the taxation burden has to be readjusted within each state among its populace and taxation is not equal 'Federally' whereas in the constitution, the Congress levies taxation individually according to the position of each taxpaying individual making it equal across the board.

    2. Justice - there is no central justice system via the articles, there is no system of Federal Courts, each state handles its own courts and justice system and it causes problems with fugitives and inter-state criminal/civic legal issues especially as interstate ...

    Solution Summary

    The solution lays out the reasoning behind (and the advantages) of adapting the American Constitution over the Articles of Confederation according to the demands and situation of the period of its proposal and ratification. The drawbacks of the constitution, reasons behind its criticism is also listed as well as a personal opinion on its adaption by reasons of the Lockean ideal.