The Articles of Confederation

Grew out of the extralegal revolutionary body, the Continental Congress.

Richard Henry Lee at the Second Continental Congress made a proposal for a Declaration of Independence and a “Plan of Confederation.” The plan was approved on November 15, 1775.

John Dickinson’s committee produced the draft of the Articles entitled: “The Articles of Confederation and Perpetual Union” in July 1776.

Ratification by all 13 states was required for the Articles to go into effect. Eleven states ratified in one year, but Maryland held out until 1781 over Virginia’s claim to territory in the Northwest.

Finally adopted in November 1777 by Congress, the Articles of Confederation became effective in March 1781. The Articles legalized the status quo since 1776.

The Articles gave the national government multiple responsibilities but little authority to carry them out. The Articles created a league of friendship. States maintained a great degree of independence, sovereignty, freedom and power and jurisdiction over the rights not expressly delegated to the United States in Congress assembled.

After the battle with parliament and the King of England, the states were in no mood for a strong legislature. They purposely made sure the Congress would not have enough power to infringe upon the liberties and rights of the states and individuals.

A unicameral Congress was chosen yearly. There was no executive or judicial branch. Civil officers were appointed by Congress, as was the presiding officer.

Congress under the Articles of Confederation had the power to:

make war and peace

build a navy

raise an army by asking the states for troops

make treaties

borrow money and set up a money system

establish post offices

fix uniform standards of weights and measures

settle disputes among the states

govern Indian affairs

govern the western territories

States retained powers not granted to Congress explicitly.

States were responsible for protecting life and property and promoting the general welfare.

The articles had numerous weaknesses:

Each state had one vote regardless of population. Nine states had to approve any measure

Congress was powerless to lay and collect taxes or duties. Congress had to borrow and ask states for funds which was difficult because Congress already had debts from the Revolution.

There was no executive to enforce acts of Congress. No administrative head of government.

No national court system

Congress was powerless to regulate foreign and interstate commerce.

Amendment was only possible with the consent of all the states. The Articles were never amended.

A 9/13 majority was required to pass laws.

Congress had no authority to enforce its resolutions and ordinances on states or individuals.

The Articles of Confederation were only a firm league of friendship.

For all of its shortcomings the Articles served the new nation well during the Revolutionary period since the nation was not in a position to endure long and divisive debates over the forms of a more complex constitution