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| Articles of Confederation | Previous | Next |
| Digital History ID 3225 |
The Articles represented a victory for those who favored state sovereignty. Article 2 stated that "each State retains its sovereignty, freedom and independence, and every power...which is not...expressly delegated to the United States.…" Any amendment required unanimous consent of the states.
The Articles of Confederation created a national government composed of a Congress, which had the power to declare war, appoint military officers, sign treaties, make alliances, appoint foreign ambassadors, and manage relations with Indians. All states were represented equally in Congress, and nine of the 13 states had to approve a bill before it became law.
Under the Articles, the states, not Congress, had the power to tax. Congress could raise money only by asking the states for funds, borrowing from foreign governments, or selling western lands. In addition, Congress could not draft soldiers or regulate trade. There was no provision for national courts.
The Articles of Confederation did not include a president. The states feared another George III might threaten their liberties. The new framework of government also barred delegates from serving more than three years in any six year period.
The Articles of Confederation created a very weak central government. It is noteworthy that the Confederation Congress could not muster a quorum to ratify on time the treaty that guaranteed American independence, nor could it pay the expense of sending the ratified treaty back to Europe.
The Articles' framers assumed that republican virtue would lead to states to carry out their duties and obey congressional decisions. But the states refused to make their contributions to the central government. Its acts were "as little heeded as the cries of an oysterman." As a result, Congress had to stop paying interest on the public debt. The Continental army threatened to mutiny over lack of pay.
A series of events during the 1780s convinced a group of national leaders that the Articles of Confederation provided a wholly inadequate framework of government.
Copyright 2021 Digital History
On this date, the Continental Congress adopted a plan for the inaugural national government under the Articles of Confederation. Two days later, the Continental Congress sent the Articles to the states, which approved the new government in March 1781. Created to unify the 13 colonies, the Articles nevertheless established a largely decentralized government that vested most power in the states and in the national legislature. Concerned with the accumulation of power in too few hands, the Articles did not establish an executive branch and they greatly circumscribed the role of courts. Even Congress had only those powers “expressly delegated” to it by the states. Delegates gave the Continental Congress the power to request money from the states and make appropriations, regulating the armed forces, appointing civil servants, and declaring war. But the legislature was largely ineffectual because the Articles required more than a simple majority to pass legislation that related to such fundamental issues such as finance, taxation, treaty ratification, and war-making powers. Moreover, attempts to strengthen the Articles required unanimous support of the states. In 1787, the Federal Convention approved the U.S. Constitution which, when ratified by the states, superseded the Articles of Confederation.
More of a treaty—or a "firm league of friendship"—than a constitution, the Articles of Confederation in no way infringed upon the sovereignty of the original thirteen states. Each state held "its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled." The Congress, the primary organ of the new national government, only had the power to declare war, appoint military officers, sign treaties, make alliances, appoint foreign ambassadors, and manage relations with the American Indians. All states were represented equally in Congress, and nine of the thirteen states had to approve a bill before it became law. Amendments required the approval of all the states.
The Articles of Confederation represented an attempt to balance the sovereignty of the states with an effective national government. Under the Articles, the states, not Congress, had the power to tax. Congress could raise money only by asking the states for funds, borrowing from foreign governments, and selling western lands. In addition, Congress could not draft soldiers or regulate trade. There was no provision for national courts or a chief executive.
Importantly, the Articles did not establish a genuinely republican government. Power was concentrated in a single assembly, rather than being divided, as in the state governments, into separate houses and branches. Further, members of the Confederation Congress were selected by state governments, not by the people.
The Articles served as the nation’s plan of government until the US Constitution was ratified in 1788.
A full transcript is available.Excerpts
ARTICLES
Of Confederation and perpetual Union between the States of New-Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia.
ARTICLE 1.
The Stile of this confederacy shall
be "The United States of America".
ART. II.
Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.
ART. III.
The said states hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each
other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.
ART. IV.
The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and
the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state, to any other state, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid
by any state, on the property of the united states, or either of them.
If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any state, shall flee from justice, and be found in any of the united states, he shall, upon demand of the Governor or executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offense.
Full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other state.
ART. V.
For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in congress on the first Monday in November, in every year, with a power reserved to each state to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the
remainder of the year. . . .
In determining questions in the united states in congress assembled, each state shall have one vote.
Freedom of speech and debate in congress shall not be impeached or questioned in any court or place out of congress, and the members of congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on congress, except for treason, felony, or breach of the peace. . . .