2G - The Articles of Confederation: drafting from 1776
Learn why the revolutionaries created a confederation, how its powers reflected distrust of central authority, and why securing the agreement of all thirteen states took until 1781.
A union for independence
The Americans needed a common government before they had agreed what kind of nation they were becoming. The Continental Congress coordinated resistance and war, but its authority rested on the cooperation of colonies which were turning themselves into states. Declaring independence raised a constitutional question: should sovereignty belong chiefly to thirteen separate republics or to one American people?
Confederation
A union in which member states retain extensive sovereignty and delegate specified common responsibilities to a central body.
On 11 June 1776 Congress appointed a committee with one representative from each colony to prepare a plan of confederation. John Dickinson, then representing Pennsylvania, was its principal draftsman. His draft was presented in July. This work proceeded alongside the Declaration of Independence: rejecting British rule did not itself provide machinery for raising money, supplying soldiers or making binding decisions among the states.
Dickinson favoured a more effective common authority than the eventual Articles provided. Debate reduced elements of the draft which threatened state control. Delegates disagreed over representation, how to divide financial burdens and who should control western land. Meanwhile military emergencies and Congress's movements away from threatened cities made sustained constitutional work difficult. Congress adopted the revised Articles on 15 November 1777; adoption by Congress was only the beginning of ratification. NARA's Articles record and Dickinson biography distinguish these stages.
The resulting weakness was partly a deliberate political choice. Revolutionaries had condemned distant taxation, executive power and standing armies. A government strong enough to compel its own states could resemble the authority they had resisted. This fear helps explain the settlement; it does not mean that every delegate wanted a powerless union.
State sovereignty and Congress
The Articles gave Congress significant responsibilities while keeping states central to political authority. Each state delegation had one vote, regardless of population. Small states therefore gained protection against domination by large neighbours. State legislatures appointed and could recall their delegates; Congress was not independently elected by a national electorate.
Congress could conduct diplomacy, make war and peace, borrow money and manage important common affairs. It could establish procedures for settling interstate disputes, and limited courts existed for particular purposes such as maritime captures. However, there was no separate national executive comparable to the later presidency, and no general federal judiciary comparable to that created under the Constitution. Congress performed much executive work through committees and officers.
The crucial distinction was between deciding on a policy and possessing the resources to carry it out. Congress asked states for financial contributions, known as requisitions. State governments levied the taxes. If states delayed or underpaid, Congress could not simply tax their inhabitants directly. Its commercial authority was also restricted: it could not impose a comprehensive national regulation of interstate and foreign trade.
Article IX required the assent of nine states for specified major decisions, including borrowing and war. Ordinary decisions generally required a majority of the states. Alterations to the Articles required congressional agreement and confirmation by every state legislature. These safeguards made major changes difficult when local interests diverged.
Continue this lesson.
You’re previewing NovaLearn without an account. Create a free account to read the rest.
Create free account