The Articles of Confederation

Articles of Confederation - Colonies to States

Following the Declaration of Independence, the members of the Continental Congress realized that it would be necessary to set up a national government. The 13 Colonies had asked Congress to adopt the Continental army and direct the war. Congress, unexpectedly, became the governing body, and began to act as advisor as the Colonies changed into States. On May 15, 1776 Congress advised all the colonies to form governments for themselves. 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. 

Articles of Confederation - Why State Constitutions limited the power of Congress
The men who created the State Constitutions took heed from the history of British tyranny whilst adhering to  the aspirations of the Declaration of Independence. These led to a number of new ideas and ideals that Americans, across the newly established states, being included in their own, fully documented, State Constitutions. The State Constitutions emphasized the following points:

• A Separation of powers: State Constitutions separated executive, legislative and judicial powers in order to distribute authority away from the executive branch to preserve individual liberty and prevent and forms of tyranny

• The Basic rights of the people should be constitutionally protected:  Massachusetts, for example, committed part of their constitutions to “A Declaration of the Rights of the Inhabitants” of their state. For the first time the rights of the people were fully documented for all to see and protected accordingly

• Power comes from the people: The newly formed states had endured the rule of powerful governors and the British monarchy and had no intention of being dominated by another form of executive power.

The representatives of the new 13 states agree to create a confederacy called the United States of America, in which each state maintains its own sovereignty and all rights to govern, except those rights specifically granted to Congress. The determination of the new states not to be dominated by another form of executive power - including Congress which had become the National Government - led to many problems and issues due to their limited powers.

Articles of Confederation - Establishing the Government
The Continental Congress, now the national legislature or government, selected a committee chaired by John Dickinson to write and create the Articles of Confederation but had to be mindful that the newly formed states had already created their individual State Constitutions and had only agreed to participate in a centralized form of government, in addition to their self-rule. The provisos to the establishment of the national government were that:

• Each state had one vote

• Each state retained all powers not expressly delegated to Congress

• Delegates to Congress were to be appointed by state legislatures

• States would not be deprived of western lands

• Every state would tax itself to help to contribute to the common expenses of the nation

The Articles of Confederation established a "firm league of friendship" between the 13 states.

Summary of the Articles of Confederation
The Summary of the Articles of Confederation are as follows:

Government under the Articles of Confederation
The newly formed states feared that a strong central government would create oppression and decrease the power of the people. The representatives of the 13 states agreed to create a confederacy called the United States of America providing each state maintained its own sovereignty and all rights to govern, except those rights specifically granted to Congress. Government under the Articles of Confederation was hampered from the beginning. The problems and issues that faced government under the Articles of Confederation were as follows:

• There was no one officer to carry out the laws

• There was no court or judge to settle disputed points of law

• There was only a very weak legislature

• Congress consisted of one house, presided over by a president elected each year by the members from among their own number

• The delegates to Congress could not be more than 7, nor less than 2 from each state, were elected yearly, could not serve for more than 3 years out of 6, and might be recalled at any time by the states that sent them

• Once assembled on the floor of Congress, the delegates became members of a secret body

  • The doors were shut

  • No spectators were allowed to hear what was said

  • No reports of the debates were taken down

  • All voting was done by states, each casting just 1 vote, no matter how many delegates it had

  • The affirmative votes of 9 states were necessary to pass any important act, or, as it was called, "ordinance."

Government under the Articles of Confederation therefore had few powers. Government under the Articles of Confederation could declare war, make peace, issue money, maintain an army and a navy, contract debts, enter into treaties of commerce and settle disputes between states. Government under the Articles of Confederation could not enforce a treaty or a law when made nor impose any taxes for any purpose. Government under the Articles of Confederation was made even more difficult as any important decision had to be approved by 9 of the 13 states delaying some important and critical measures.

Strengths of the Articles of Confederation
Under the Articles of Confederation it was impossible for Congress to form a strong government but there were some significant achievements. The strengths of the Articles of Confederation are detailed in the chart.

Weaknesses of the Articles of Confederation
Due to the defects and weaknesses of the Articles of Confederation it was impossible for Congress to form a really strong government. The weaknesses of the Articles of Confederation are detailed in the following chart.