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Question
read the following excerpt from federalist #15 by alexander hamilton. government implies the power of making laws. it is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. if there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation. according to hamilton, what was a failure of the articles of confederation that would be corrected by the new constitution? the government could not make laws under the articles, but would be able to under the constitution. the government could make laws under the articles, but would be able to enforce them under the constitution. the government could collect taxes under the articles, but could now lawfully spend money under the constitution. the government could not collect taxes under the articles, and would still not be able to under the constitution.
Hamilton enfatiza que una ley debe tener sanciones para ser efectiva. Las Articulaciones de Confederación permitían hacer leyes, pero no las podían enforcear, lo que las convertía en mera recomendación. La nueva Constitución solucionaría esto al permitir la enforceabilidad de las leyes.
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The government could make laws under the Articles, but would be able to enforce them under the Constitution.