How was the Articles of Confederation established?

Articles of Confederation

The Articles of Confederation and Perpetual Union was the first written constitution of the United States. Written in 1777 and stemming from wartime urgency, its progress was slowed by fears of central authority and extensive land claims by states. It was not ratified until March 1, 1781. Under these articles, the states remained sovereign and independent, with Congress serving as the last resort on appeal of disputes. Significantly, The Articles of Confederation named the new nation “The United States of America.” Congress was given the authority to make treaties and alliances, maintain armed forces and coin money. However, the central government lacked the ability to levy taxes and regulate commerce, issues that led to the Constitutional Convention in 1787 for the creation of new federal laws under The United States Constitution.  From the beginning of the American Revolution, Congress felt the need for a stronger union and a government powerful enough to defeat Great Britain.

During the early years of the war this desire became a belief that the new nation must have a constitutional order appropriate to its republican character. A fear of central authority inhibited the creation of such a government, and widely shared political theory held that a republic could not adequately serve a large nation such as the United States. The legislators of a large republic would be unable to remain in touch with the people they represented, and the republic would inevitably degenerate into a tyranny. Continue reading from History

Ten Reasons why America’s First Constitution Failed

in 1777 that the Articles of Confederation, the first American constitution, was sent to the 13 states for consideration. It didn’t last a decade, for some obvious reasons.

On November 17, 1777, Congress submitted the Articles to the states for immediate consideration. Two days earlier, the Second Continental Congress approved the document, after a year of debates. The British capture of Philadelphia also forced the issue.

The Articles formed a war-time confederation of states, with an extremely limited central government. The document made official some of the procedures used by the Congress to conduct business, but many of the delegates realized the Articles had limitations.

Here is a quick list of the problems that occurred, and how these issues led to our current Constitution. 

1. The states didn’t act immediately. It took until February 1779 for 12 states to approve the document. Maryland held out until March 1781, after it settled a land argument with Virginia.  Continue reading from Constitution Center

How was the Articles of Confederation established?
Image courtesy of Library of Congress A lifetime public servant, John Hancock of Massachusetts served as President of the Continental Congress from 1775 to 1777, and again from 1785 to 1786.

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.

Summary

When the Constitutional Convention met in 1787, the United States already had a framework of national government—the Articles of Confederation.  The Constitutional Convention itself was—in many ways—a response to the weaknesses of this form of government.  Adopted by the Continental Congress on November 15, 1777, and ratified by the states in 1781, the Articles of Confederation created a weak central government—a “league of friendship”—that largely preserved state power (and independence).  The Articles created a national government centered on the legislative branch, which was comprised of a single house.  There was no separate executive branch or judicial branch.  The delegates in Congress voted by state—with each state receiving one vote, regardless of its population.  The national government did not have the power to tax, to regulate commerce between the states, or to force the states to provide troops or send the government money.  And any proposed amendment to the Articles required unanimous approval from all thirteen states.  As a result, no amendment was ever ratified.  The delegates to the Constitutional Convention eventually framed a new Constitution designed to address many of these flaws.

Document Excerpt

Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia . . . .

Article I.  The Stile of this confederacy shall be, “The United States of America.”

Article 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.

Article III.  The said states hereby severally enter into a firm league of friendship with each other, for their common defence, 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 pretence whatever. . . .

Article 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.

No State shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being delegate for more than three years, in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind.

Each State shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.

In determining questions in the united states, in Congress assembled, each state shall have one vote. . . .

Article IX. The united states, in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, . . . - of sending and receiving ambassadors - entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever . . . .

The united states, in congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states - fixing the standard of weights and measures throughout the united states - regulating the trade and managing all affairs with the Indians, not members of any of the states; provided that the legislative right of any state, within its own limits, be not infringed or violated - establishing and regulating post-offices from one state to another, throughout all the united states, and exacting such postage on the papers passing through the same, as may be requisite to defray the expenses of the said office - appointing all officers of the land forces in the service of the united States, excepting regimental officers - appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states; making rules for the government and regulation of the said land and naval forces, and directing their operations.

The united States, in congress assembled, shall have authority to appoint a committee, to sit in the recess of congress, to be denominated, “A Committee of the States,” and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction - to appoint one of their number to preside; provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expenses; to borrow money or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted, -  to build and equip a navy - to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state . . . .

The united states, in congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof nor ascertain the sums and expenses necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same, nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the united states in congress assembled. . . .

Article XIII. Every State shall abide by the determinations of the united states, in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the united states, and be afterwards con-firmed by the legislatures of every state.

Why did the US establish the Articles of Confederation?

The Articles of Confederation served as the written document that established the functions of the national government of the United States after it declared independence from Great Britain.

What events led Articles of Confederation?

Shays' Rebellion Economic turmoil in the United States leads to a series of violent uprisings against the government in Massachusetts and other states, led by Revolutionary War veteran Daniel Shays.