As established by the articles of confederation, the national government could

As established by the articles of confederation, the national government could
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 In 1787, the Federal Convention approved the U.S. Constitution which, when ratified by the states, superseded the Articles of Confederation.

The Articles of Confederation were adopted by the Second Continental Congress on November 15, 1777, but did not become effective until March 1, 1781, when they were finally approved by all 13 states. Under the Articles, the national government consisted of a unicameral (one-house) legislature (often called the Confederation Congress); there was no national executive or judiciary. Delegates to Congress were appointed by the state legislatures, and each state had one vote. Congress had the authority to declare war, develop foreign policy, coin money, regulate Native American affairs in the territories, run the post office, borrow money, and appoint army and navy officers. Quite significantly, however, all powers not specifically delegated to Congress belonged to the states. 

Weaknesses of the Articles of Confederation

Congress did not have the direct power to tax or to regulate interstate and foreign trade. It could only ask the states for money with no means to compel payment, and the states had the right to impose their own duties on imports, which caused havoc with commerce. Congress had no authority to raise an army on its own and had to requisition troops from the states. All major policy issues — war and peace, treaties, the appropriation of funds — required the approval of nine states. The Articles reflected the nation's concern about executive power; however, the lack of an executive meant there was no effective leadership. A unanimous vote of the states, acting through their legislatures, was necessary to amend the Articles. 

Calls to strengthen the national government

The need for a stronger national government was aired by the representatives of five states, including Alexander Hamilton and James Madison, at the Annapolis Convention (September 1786). The inability of Congress to deal with Shay's Rebellion (winter of 1786–1787), a revolt of debtor farmers in western Massachusetts, made the shortcomings of the Articles clear. In February 1787, Congress agreed to hold another meeting "for the sole and express purpose of revising the Articles of Confederation." 

by Clarissa Sanders, Director of Research & Collections

On November 15, 1777 the Continental Congress adopted the Articles of Confederation, the first constitution of the new nation. The Articles created a government in which the colonies - now states - retained most of the power. This left the central government weak, without essential powers like the ability to control foreign policy or to tax. In 1786, a group of western Massachusetts residents, led by former Continental Army Captain, Daniel Shay, rebelled because of the state’s high taxes and wartime debt. This event made it apparent that the federal government established by the Articles of Confederation was unable to address internal rebellions because it did not have the funds nor the military power to do so. In May 1787, the Constitutional Convention met in Philadelphia to address the shortcomings of the Articles. In September, the Constitution was born.

As established by the articles of confederation, the national government could

This photograph depicts Independence Hall. This building served as the setting for many important moments in American history - such as the signing of the Declaration of Independence and the ratification of the Articles of the Confederation.

Just ten years after the creation of the Articles of Confederation, the United States adopted a new constitution that was significantly different from its predecessor.

One of the most significant changes between the Articles of Confederation and Constitution was the creation of the three branches of government: the executive, legislative, and judicial. This separation of powers ensured that power would not be concentrated in one particular branch. Under the Articles of Confederation, there was no executive or judicial branch, and the legislative body was a single body appointed by the state legislatures. The Constitution created a bicameral legislature: the House of Representatives, elected by the popular vote; and the Senate, still appointed by the state legislature. Each member of the new Congress was granted a vote, while under the Articles each state was granted a singular vote. Members of Congress under the Articles served one year terms with term limits, while the Constitution made terms two years for Representatives and six years for Senators, with no term limits.

As established by the articles of confederation, the national government could

This painting entitled, "Scene at the Signing of the Constitution of the United States" was painted by Chandler Christy in 1940. It depicts George Washington, president of the convention, standing on a platform in room full of delegates. They are in Independence Hall.

The Constitution also gave the federal government more power over money and taxes. The new system of government allowed Congress to control interstate commerce and barred states from creating their own coined money. It also granted the federal government the power to tax individuals. The Articles of Confederation were written when rhetoric such as “Taxation without Representation” filled the political atmosphere. This meant that the Articles granted the central government no power to tax, but instead had to request money from the states, with little to no ways to enforce it. Without the ability to tax, the central government could not do essential taxes such as pay debts. Taxation increased the power of the federal government because it gave the new government the ability to raise and support the military, to pay Congress, and to fund its other functions.

Ultimately, the largest difference between America’s two governing documents is in that the Articles sovereignty resided in the states, and the Constitution was declared the law of the land when it was ratified which significantly increased the power of the federal government. The Articles were seen as stagnant, uneasily changed, and ineffective. The Constitution was created to be a living document, a document that can be amended, to meet the needs of a growing and changed nation.

Click here to read the Constitution.

Click here to read the Articles of Confederation.

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How was the Articles of Confederation established?

The Articles of Confederation were adopted by the Continental Congress on November 15, 1777. This document served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day Constitution went into effect.

How is the government established by the Articles of Confederation different from our government today?

Ultimately, the largest difference between America's two governing documents is in that the Articles sovereignty resided in the states, and the Constitution was declared the law of the land when it was ratified which significantly increased the power of the federal government.