Final answer:
The Articles of Confederation lacked a section for establishing justice, leading to biased enforcement of laws by state courts. The Constitution, through Article III, created the Supreme Court and allowed for federal courts, which was solidified by the Judiciary Act of 1789, establishing a fair justice system.
Step-by-step explanation:
The Articles of Confederation did not explicitly include a section to establish justice in the way the subsequent U.S. Constitution did. Under the Articles, there was no national judiciary, leaving states to interpret and enforce national laws, often in a manner that favored their own interests. This led to problems, as state courts could choose whether or not to enforce the laws of the Confederation Congress, and disputes between states frequently ended with biased decisions. Recognizing the need for an independent judiciary, the delegates at the Constitutional Convention established Article III of the U.S. Constitution, creating the Supreme Court and allowing Congress the power to create lower federal courts through legislation like the Judiciary Act of 1789. This Act was instrumental in building the federal court system and ensuring a uniform enforcement of federal laws across all states, key to establishing justice.