essay on articles of confederation and constitution

The Articles of Confederation — America’s First Constitution

March 1, 1781–1789

The Articles of Confederation was America's first constitution. It was in effect from March 1, 1781, to March 4, 1789, when it was replaced by the United States Constitution.

John Dickinson, a delegate from Delaware, was the principal author of the draft of the Articles of Confederation. Image Source: New York Public Library Digital Collections .

Articles of Confederation Summary

As the delegates to the Second Continental Congress were drafting the Declaration of Independence , they were also developing a plan for unifying the 13 Colonies to defeat Great Britain. In the summer of 1776, a committee composed of one delegate from each colony drafted the Articles of Confederation — America’s first constitution. Although the document created a weak central government compared to the federal government established by the current Constitution, the Articles successfully created a “firm league of friendship” that guided the new nation through its early years.

Articles of Confederation Dates

• On June 11, 1776, the Second Continental Congress appointed a committee, composed of one representative from each colony, to draft a document forming a confederation of the 13 colonies.
• The Articles of Confederation were adopted by Congress on November 15, 1777.
• The Articles went into effect when they were ratified by the 13th and final state (Maryland) on March 1, 1781.
• In May 1787, following events such as Shays’ Rebellion, a convention was held in Philadelphia to revise the Articles. However, the convention resulted in the United States Constitution.
• The Articles were replaced by the Constitution on March 4, 1789.

Facts About the Articles of Confederation

• John Dickinson, a delegate from Delaware, was the principal writer of the draft document.
• As adopted, the articles contained a preamble and 13 articles.
• The Articles established a Confederation Congress with each state having one vote.
• Measures passed by Congress had to be approved by 9 of the 13 states.
• It did not establish federal executive or judicial branches of government.
• Each state retained “every Power…which is not by this confederation expressly delegated to the United States.”
• Provided Congress with the powers to conduct foreign affairs, declare war or peace, maintain an army and navy, print money, resolve disputes between states, and a variety of other lesser functions.
• Denied Congress the power to collect taxes, regulate interstate commerce, and enforce laws.
• All 13 states had to agree to any amendment of the federal government’s power.

Articles of Confederation — A Brief History of America’s First Constitution

The Articles of Confederation outlined the functions of the first national government of the United States, after gaining independence from Great Britain. The Articles created a limited central government that, to a certain extent, restricted individual states from conducting their own foreign diplomacy.

Albany Plan of Union

Just before the outbreak of the French and Indian War, the Albany Plan of Union was developed It was the first attempt to unite the colonies from New England to South Carolina. However, the plan was rejected for various reasons, including concerns the individual colonies had about granting authority to a central colonial government. 

However, as the American Revolution progressed and became the American Revolutionary War, many leaders recognized the benefits of a centralized government to coordinate the war effort. 

New York’s Plan of Unification

In June 1775, the First New York Provincial Congress submitted a proposal for a united government to the Continental Congress. Like the Albany Plan, New York’s “Plan of Accommodation between Great Britain and America” acknowledged the authority of the British Crown, which was unpopular with the faction of Congress that leaned toward independence. 

Benjamin Franklin’s Articles of Confederation

Outside of the proceedings of Congress, some delegates explored the idea of a permanent union between the colonies, other than the temporary Continental Congress. 

Benjamin Franklin drafted a plan titled “Articles of Confederation and Perpetual Union.” Although key delegates such as Thomas Jefferson endorsed Franklin’s proposal, it faced opposition. Franklin introduced his plan to Congress on July 21, emphasizing it should be considered a draft, which should be revised at a later date. The delegates agreed and decided to set the plan aside at that time.

Congress Agrees on Independence

Ultimately, Congress adopted Virginia’s “Resolution for Independence,” which was introduced by Richard Henry Lee on June 7, 1775. Also known as the “Lee Resolution,” it proposed three important initiatives:

• Called for Congress to declare independence.
• Form foreign alliances.
• Prepare a plan to unite the colonies.

The Committee of Thirteen

On June 11, Congress set up three committees — one for each of the initiatives. The committee assigned to “prepare a plan to unite the colonies” is known as the “Committee of Thirteen.” It included one delegate from each state:

• John Dickinson, Pennsylvania, Chairman
• Samuel Adams, Massachusetts
• Josiah Bartlett, New Hampshire
• Button Gwinnett, Georgia
• Joseph Hewes, North Carolina
• Stephen Hopkins, Rhode Island
• Robert R. Livingston, New York
• Thomas McKean, Delaware
• Thomas Nelson, Virginia
• Edward Rutledge, South Carolina
• Roger Sherman, Connecticut
• Thomas Stone, Maryland
• Francis Hopkinson, New Jersey

The Committee Introduces the Articles of Confederation

On July 22, the committee presented its report to Congress. The Articles included. 

• A government consisting solely of a unicameral legislature without an executive or judicial branch.
• It would have limited powers to deal with foreign affairs, defense, and treaty-making.
• The government did not have the authority to levy national taxes or regulate interstate trade. 
• Any laws it created were nonbinding unless states chose to enforce them. 

The Articles were intended to balance the political ideas embraced in the American Revolution, such as “No Taxation Without Representation” and the necessity of conducting the war. However, there were significant issues that needed to be addressed, including:

• Representation. The issue was resolved by giving all states equal status and one vote.
• Appropriation. This was settled by having states contribute money to Congress based on the value of privately owned land. 
• Control of western lands. Some states, like Virginia, claimed large territories that stretched across the frontier, to the west. Others, like Maryland, had no claims and insisted that such territories should be ceded to Congress beforehand. This issue was not resolved until much later.

The issues postponed the final debates on the Articles of Confederation until October 1777.

Congress Agrees to the Articles of Confederation

By October 1777, the situation was urgent, as British forces had captured Philadephia in September, forcing the members of Congress to flee to Lancaster, Pennsylvania, and then to York, Pennsylvania. On November 15, 1777, During the sessions in York, the delegates finally agreed to a framework for the Articles of Confederation. 

Congress forwarded the Articles to the states for ratification in late November. While most delegates recognized the Articles as a flawed compromise, they believed it was preferable to having no formal national government at all.

12 States Ratify the Articles of Confederation

Virginia led the way by ratifying the Articles of Confederation on December 16, 1777. Subsequently, other states followed suit during the early months of 1778. However, when Congress reconvened in June 1778, it was revealed that Maryland, Delaware, and New Jersey had not succeeded in ratifying the Articles. 

The Articles required unanimous approval from all states, and the states that were holding out insisted the others needed to abandon their western land claims before they would ratify the document. 

Ultimately, with the war at a crucial point, the “landed” states — those with western land claims, like Virginia — indicated they would cede the lands. New Jersey and Delaware were satisfied and agreed to the terms of the Articles.

• New Jersey ratified the Articles on November 20, 1778.
• Delaware ratified the Articles on February 1, 1779. 

Maryland’s Path to Ratification

Maryland was not convinced the states would follow through on ceding lands and was the last holdout to ratify the Articles of Confederation.

Maryland’s reluctance was frustrating to the other state governments. Some even passed resolutions in favor of establishing a national government without Maryland. 

However, some politicians, like Congressman Thomas Burke of North Carolina, argued against such a measure. Burke and others insisted that without the unanimous approval of all 13 States, the nation would be vulnerable, divided, and susceptible to foreign interference and manipulation.

In 1780, British forces carried out raids on Maryland towns located along the Chesapeake Bay, alarming state officials. Maryland responded by contacting the French Minister, Anne-César De la Luzerne, and requesting French naval support. Luzerne responded by encouraging Maryland to ratify the Articles of Confederation. 

Virginia’s Governor, Thomas Jefferson , also agreed to cede all western land claims to Congress.

Finally, the Maryland legislature ratified the Articles of Confederation on March 1, 1781. On that date, the Articles of Confederation formally transformed the United States from a collection of 13 loosely connected states into a confederation government

Weaknesses of the Articles of Confederation

Unfortunately, the Articles did not grant Congress the necessary authority to force the states to comply with its decisions, including the provisions in the 1783 Treaty of Paris .

The Treaty of Paris allowed British creditors to sue debtors for pre-Revolutionary debts, a clause many state governments simply ignored. In response, British forces continued to occupy forts in the Great Lakes Region. 

Additional issues that were caused by the weakness of the Articles of Confederation included:

• Without the ability to raise funds, the Confederation Congress was financially limited and dependent on the states for revenue, and the States often failed to provide funds.
• States also disregarded laws meant to standardize interstate commerce. 
• Congress did not have the power to regulate foreign trade, allowing nations like Britain to impose trade restrictions without fear of retaliation. 
• Congress had no way to force states to provide military forces during a time when the military was needed to deal with Indian unrest in the Northwest Territory .

Similar issues, along with the Confederation government’s inadequate response to Shays’ Rebellion in Massachusetts, convinced national leaders of the need to make changes to the Articles of Confederation. This ultimately led to the Philadelphia Convention of 1787 , which drafted the Constitution of the United States.

Accomplishments Under the Articles of Confederation

Despite its limited authority, the Confederation Congress was able to accomplish some important feats that led to the growth and development of the nation.

1783 Treaty of Paris

The 1783 Treaty of Paris was one of a series of treaties, collectively known as the Peace of Paris, or the Treaty of Versailles of 1783, that established peace between Great Britain and the allied nations of France, Spain, and the Netherlands. The Treaty of Paris was negotiated as a separate treaty between Great Britain and the United States, the primary provisions of the Treaty of Paris established the independence of the United States and ended hostilities between the two nations. Other provisions dealt with defining borders, restitution for Loyalist property confiscated by Americans during the war, the return of slaves confiscated by the British, and the removal of British troops from American soil. Congress ratified the treaty on January 14, 1784.

Ordinance of 1784

The Ordinance of 1784 was a bill passed by the Congress of the Confederation that served as an initial blueprint for governing the territory Britain ceded to the United States after the American Revolutionary War.

Land Ordinance of 1785

The Land Ordinance of 1785 was a bill passed by the Congress of the Confederation. It made adjustments to the Ordinance of 1784 and introduced squares. If first divided the land into six-mile-square townships. It also required the land to be surveyed and for some of it to be given to veterans of the Continental Army.

Northwest Ordinance of 1787

The Northwest Ordinance of 1787 , also known as the Ordinance of 1787, set up the rules and guidelines for governing the Northwest Territory, including a bill of rights and prohibition of slavery. It also set up the process for a territory to become a state and join the Union, with equal status to the 13 Original States.

Presidents Under the Articles of Confederation

The following men served as President from 1781 to 1789 under the Articles of Confederation. The position was officially called “President of the United States in Congress Assembled.” 

Contrary to some sources, these men did not hold the office of President of the United States. It was an entirely different office. 

• Samuel Huntington served from March 2, 1781, to July 6, 1781, when he retired.
• Thomas McKean served from July 10, 1781, to October 23, 1781. During his term as President, Congress received the news of the British surrender at Yorktown .
• John Hanson was the first President to serve a full term and served from November 5, 1781, to November 3, 1782. Hanson is sometimes referred to as the first President of the Confederation Congress. However, he is recognized as the third President by the Office of the Historian of the United States House of Representatives.
• Elias Boudinot was President from November 4, 1782, to November 3, 1783. During his term, the British evacuated Charleston in January 1783, and the Treaty of Paris of 1783 was signed in September 1783, which officially ended the American Revolutionary War.
• Thomas Mifflin was President from November 3, 1783, to November 30, 1784. During his term, George Washington resigned from the army. On December 23, 1783, in a ceremony in Annapolis, Maryland, Washington handed his commission and resignation speech to Mifflin.
• Richard Henry Lee served from November 30, 1784, to November 4, 1785.
• John Hancock was appointed President and held the title from November 23, 1785, to June 6, 1786. However, Hancock was ill and he could not perform the duties of the office. His duties were carried out by David Ramsay from November 23, 1785, to May 15, 1786, and then by Nathaniel Gorham from May 15 to June 5, 1786. Ramsay and Gorham were Chairman of the Confederation Congress.
• Nathaniel Gorham served as President from June 6, 1786, to November 2, 1786.
• Arthur St. Clair served as President and served from February 2, 1787, to October 5, 1787.
• Cyrus Griffin was the last President of the Congress Assembled and served from January 22, 1788, to March 2, 1789.

Articles of Confederation Significance

The Articles of Confederation are important to United States history because they served as the first Consitution of the United States. Although the Articles had many weaknesses, the Confederation Congress was able to make some key legislative decisions that helped the nation develop. Ultimately, the lessons learned during the time the nation operated under the Articles helped develop its replacement, the United States Constitution.

Articles of Confederation APUSH, Review, Notes, Study Guide

Use the following links and videos to study the Articles of Confederation, the Confederation Congress, and the Confederation Era for the AP US History Exam. Also, be sure to look at our Guide to the AP US History Exam .

Articles of Confederation Definition APUSH

The Articles of Confederation is defined as the first written constitution of the United States, adopted in 1781. The articles established a weak federal government with limited powers, with most decision-making power reserved for the individual states. The articles were in effect until 1789 when they were replaced by the United States Constitution.

Articles of Confederation Video — Explained for APUSH and AP Gov

This video from Heimler’s History discusses the Articles of Confederation, one of the Foundational Documents for APUSH and AP Gov.

• Written by Randal Rust

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Constitution

By: History.com Editors

Updated: March 28, 2023 | Original: October 27, 2009

The Constitution of the United States established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens. 

It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia. Under America’s first governing document, the Articles of Confederation, the national government was weak and states operated like independent countries. At the 1787 convention, delegates devised a plan for a stronger federal government with three branches—executive, legislative and judicial—along with a system of checks and balances to ensure no single branch would have too much power. 

The Preamble to the U.S. Constitution

The Preamble outlines the Constitution's purpose and guiding principles. It reads:

The Bill of Rights were 10 amendments guaranteeing basic individual protections, such as freedom of speech and religion, that became part of the Constitution in 1791. To date, there are 27 constitutional amendments.

Articles of Confederation

America’s first constitution, the Articles of Confederation , was ratified in 1781, a time when the nation was a loose confederation of states, each operating like independent countries. The national government was comprised of a single legislature, the Congress of the Confederation; there was no president or judicial branch.

The Articles of Confederation gave Congress the power to govern foreign affairs, conduct war and regulate currency; however, in reality these powers were sharply limited because Congress had no authority to enforce its requests to the states for money or troops.

Did you know? George Washington was initially reluctant to attend the Constitutional Convention. Although he saw the need for a stronger national government, he was busy managing his estate at Mount Vernon, suffering from rheumatism and worried that the convention wouldn't be successful in achieving its goals.

Soon after America won its independence from Great Britain with its 1783 victory in the American Revolution , it became increasingly evident that the young republic needed a stronger central government in order to remain stable.

In 1786, Alexander Hamilton , a lawyer and politician from New York , called for a constitutional convention to discuss the matter. The Confederation Congress, which in February 1787 endorsed the idea, invited all 13 states to send delegates to a meeting in Philadelphia.

Forming a More Perfect Union

On May 25, 1787, the Constitutional Convention opened in Philadelphia at the Pennsylvania State House, now known as Independence Hall, where the Declaration of Independence had been adopted 11 years earlier. There were 55 delegates in attendance, representing all 13 states except Rhode Island , which refused to send representatives because it did not want a powerful central government interfering in its economic business. George Washington , who’d become a national hero after leading the Continental Army to victory during the American Revolution, was selected as president of the convention by unanimous vote.

The delegates (who also became known as the “framers” of the Constitution) were a well-educated group that included merchants, farmers, bankers and lawyers. Many had served in the Continental Army, colonial legislatures or the Continental Congress (known as the Congress of the Confederation as of 1781). In terms of religious affiliation, most were Protestants. Eight delegates were signers of the Declaration of Independence, while six had signed the Articles of Confederation.

At age 81, Pennsylvania’s Benjamin Franklin (1706-90) was the oldest delegate, while the majority of the delegates were in their 30s and 40s. Political leaders not in attendance at the convention included Thomas Jefferson (1743-1826) and John Adams (1735-1826), who were serving as U.S. ambassadors in Europe. John Jay (1745-1829), Samuel Adams (1722-1803) and John Hancock (1737-93) were also absent from the convention. Virginia’s Patrick Henry (1736-99) was chosen to be a delegate but refused to attend the convention because he didn’t want to give the central government more power, fearing it would endanger the rights of states and individuals.

Reporters and other visitors were barred from the convention sessions, which were held in secret to avoid outside pressures. However, Virginia’s James Madison (1751-1836) kept a detailed account of what transpired behind closed doors. (In 1837, Madison’s widow Dolley sold some of his papers, including his notes from the convention debates, to the federal government for $30,000.)

Debating the Constitution

The delegates had been tasked by Congress with amending the Articles of Confederation; however, they soon began deliberating proposals for an entirely new form of government. After intensive debate, which continued throughout the summer of 1787 and at times threatened to derail the proceedings, they developed a plan that established three branches of national government–executive, legislative and judicial. A system of checks and balances was put into place so that no single branch would have too much authority. The specific powers and responsibilities of each branch were also laid out.

Among the more contentious issues was the question of state representation in the national legislature. Delegates from larger states wanted population to determine how many representatives a state could send to Congress, while small states called for equal representation. The issue was resolved by the Connecticut Compromise, which proposed a bicameral legislature with proportional representation of the states in the lower house ( House of Representatives ) and equal representation in the upper house (Senate).

Another controversial topic was slavery. Although some northern states had already started to outlaw the practice, they went along with the southern states’ insistence that slavery was an issue for individual states to decide and should be kept out of the Constitution. Many northern delegates believed that without agreeing to this, the South wouldn’t join the Union. For the purposes of taxation and determining how many representatives a state could send to Congress, it was decided that enslaved people would be counted as three-fifths of a person. Additionally, it was agreed that Congress wouldn’t be allowed to prohibit the slave trade before 1808, and states were required to return fugitive enslaved people to their owners.

Ratifying the Constitution

By September 1787, the convention’s five-member Committee of Style (Hamilton, Madison, William Samuel Johnson of Connecticut, Gouverneur Morris of New York, Rufus King of Massachusetts ) had drafted the final text of the Constitution, which consisted of some 4,200 words. On September 17, George Washington was the first to sign the document. Of the 55 delegates, a total of 39 signed; some had already left Philadelphia, and three–George Mason (1725-92) and Edmund Randolph (1753-1813) of Virginia , and Elbridge Gerry (1744-1813) of Massachusetts–refused to approve the document. In order for the Constitution to become law, it then had to be ratified by nine of the 13 states.

James Madison and Alexander Hamilton, with assistance from John Jay, wrote a series of essays to persuade people to ratify the Constitution. The 85 essays, known collectively as “The Federalist” (or “The Federalist Papers”), detailed how the new government would work, and were published under the pseudonym Publius (Latin for “public”) in newspapers across the states starting in the fall of 1787. (People who supported the Constitution became known as Federalists, while those opposed it because they thought it gave too much power to the national government were called Anti-Federalists.)

7 Things You May Not Know About the Constitutional Convention

Seven surprising facts about the framers and the Constitutional Convention.

All Amendments to the US Constitution

Since the Constitution was ratified in 1789, hundreds of thousands of bills have been introduced attempting to amend the nation's founding document. But only 27 amendments to the U.S. Constitution have been ratified.

How the US Constitution Has Changed and Expanded Since 1787

Through amendments and legal rulings, the Constitution has transformed in some critical ways.

Beginning on December 7, 1787, five states– Delaware , Pennsylvania, New Jersey , Georgia and Connecticut–ratified the Constitution in quick succession. However, other states, especially Massachusetts, opposed the document, as it failed to reserve un-delegated powers to the states and lacked constitutional protection of basic political rights, such as freedom of speech, religion and the press. 

In February 1788, a compromise was reached under which Massachusetts and other states would agree to ratify the document with the assurance that amendments would be immediately proposed. The Constitution was thus narrowly ratified in Massachusetts, followed by Maryland and South Carolina . On June 21, 1788, New Hampshire became the ninth state to ratify the document, and it was subsequently agreed that government under the U.S. Constitution would begin on March 4, 1789. George Washington was inaugurated as America’s first president on April 30, 1789. In June of that same year, Virginia ratified the Constitution, and New York followed in July. On February 2, 1790, the U.S. Supreme Court held its first session, marking the date when the government was fully operative.

Rhode Island, the last holdout of the original 13 states, finally ratified the Constitution on May 29, 1790.

The Bill of Rights

In 1789, Madison, then a member of the newly established U.S. House of Representatives , introduced 19 amendments to the Constitution. On September 25, 1789, Congress adopted 12 of the amendments and sent them to the states for ratification. Ten of these amendments, known collectively as the Bill of Rights , were ratified and became part of the Constitution on December 10, 1791. The Bill of Rights guarantees individuals certain basic protections as citizens, including freedom of speech, religion and the press; the right to bear and keep arms; the right to peaceably assemble; protection from unreasonable search and seizure; and the right to a speedy and public trial by an impartial jury. For his contributions to the drafting of the Constitution, as well as its ratification, Madison became known as “Father of the Constitution.”

8 Things You Should Know About the Bill of Rights

The first 10 amendments to the U.S. Constitution, known collectively as the Bill of Rights, became law on December 15, 1791.

Before Drafting the Bill of Rights, James Madison Argued the Constitution Was Fine Without It

The founding father worried that trying to spell out all of Americans' rights in the series of amendments could be inherently limiting.

To date, there have been thousands of proposed amendments to the Constitution. However, only 17 amendments have been ratified in addition to the Bill of Rights because the process isn’t easy–after a proposed amendment makes it through Congress, it must be ratified by three-fourths of the states. The most recent amendment to the Constitution, Article XXVII, which deals with congressional pay raises, was proposed in 1789 and ratified in 1992.

The Constitution Today

In the more than 200 years since the Constitution was created, America has stretched across an entire continent and its population and economy have expanded more than the document’s framers likely ever could have envisioned. Through all the changes, the Constitution has endured and adapted.

The framers knew it wasn’t a perfect document. However, as Benjamin Franklin said on the closing day of the convention in 1787: “I agree to this Constitution with all its faults, if they are such, because I think a central government is necessary for us… I doubt too whether any other Convention we can obtain may be able to make a better Constitution.” Today, the original Constitution is on display at the National Archives in Washington, D.C. Constitution Day is observed on September 17, to commemorate the date the document was signed.

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Articles of Confederation

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Articles of Confederation , first U.S. constitution (1781–89), which served as a bridge between the initial government by the Continental Congress of the Revolutionary period and the federal government provided under the U.S. Constitution of 1787. Because the experience of overbearing British central authority was vivid in colonial minds, the drafters of the Articles deliberately established a confederation of sovereign states. The Articles were written in 1776–77 and adopted by the Congress on November 15, 1777. However, the document was not fully ratified by the states until March 1, 1781.

On paper, the Congress had power to regulate foreign affairs, war, and the postal service and to appoint military officers, control Indian affairs, borrow money, determine the value of coin, and issue bills of credit. In reality, however, the Articles gave the Congress no power to enforce its requests to the states for money or troops, and by the end of 1786 governmental effectiveness had broken down.

Nevertheless, some solid accomplishments had been achieved: certain state claims to western lands were settled, and the Northwest Ordinance of 1787 established the fundamental pattern of evolving government in the territories north of the Ohio River . Equally important, the Confederation provided the new nation with instructive experience in self-government under a written document. In revealing their own weaknesses, the Articles paved the way for the Constitutional Convention of 1787 and the present form of U.S. government.

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Creating the United States Road to the Constitution

Return to Creating the United States Constitution List   Next Section: Convention and Ratification

The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777, but the states did not ratify them until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. Once peace removed the rationale of wartime necessity the weaknesses of the 1777 Articles of Confederation became increasingly apparent. Divisions among the states and even local rebellions threatened to destroy the fruits of the Revolution. Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, almost immediately began working toward strengthening the federal government. They turned a series of regional commercial conferences into a national constitutional convention at Philadelphia in 1787.

“An opinion begins to prevail that a general convention for revising the articles of Confederation would be expedient.”

John Jay to George Washington, March 16, 1786

Benjamin Franklin’s Proposed Plan of Confederation, 1775

Shortly after the revolutionary war began at Concord and Lexington, Benjamin Franklin submitted this plan for a united colonial confederation or American republic to the Continental Congress on July 21, 1775.

Thomas Jefferson, a fellow delegate, annotated his copy of Franklin’s plan, which began a national debate on the creation of an American Republic.

Benjamin Franklin. Plan for a Confederation, July 21, 1775. Printed document annotated by Thomas Jefferson. Thomas Jefferson Papers, Manuscript Division . Library of Congress (46.01.01) [Digital ID#s us0046a_2, //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0046a_enlarge_725.Jpeg ">us0046a , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0046a_1_enlarge_725.Jpeg ">us0046a_1 ]

Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/road-to-the-constitution.html#obj0

Writing the Articles of Confederation

In 1781, James Madison (1751–1836) asked Thomas Jefferson (1743–1826) for his account of those tumultuous pivotal days in which the Declaration of Independence and the Articles of Confederation were drafted. Recognizing the importance of the process for the Revolution and for posterity, Thomas Jefferson prepared his notes of the proceedings in Congress, June 7–August 1, 1776. On this page, Jefferson’s notes reflect his interest in Article XVII, about representation in Congress.

Thomas Jefferson. Notes on Debates in the Continental Congress, June 7–August 1, 1776 [ante 1781]. James Madison Papers, Manuscript Division , Library of Congress (046.05.01) [Digital ID#s us0046_05p1, //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0046_05a_enlarge.jpg ">us0046_05a ]

Read the transcript

Thomas Jefferson. “Notes of Proceedings in Congress on Drafting the Articles of Confederation and Perpetual Union,” [July 12–August 1, 1776]. Thomas Jefferson Papers, Manuscript Division , Library of Congress (046.03.00) [Digital ID# us0046_03p1]

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Articles of Confederation Emerge from Congress in 1777

After undergoing more than a year of planning and compromise in the Continental Congress, the Articles of Confederation and Perpetual Union Between the States was finally ready to be sent to the states for ratification. Nearly four years would pass before all thirteen states had ratified the document—Maryland being the last to ratify on March 1, 1781—and it was put into action. The Articles provided for a one-house legislature, a weak executive, no national power of taxation, a lack of standard currency, and voting by state—flaws that would eventually lead to its failure.

United States Continental Congress. Articles of Confederation and Perpetual Union Between the States. . . . Lancaster: Francis Bailey, 1777. Pamphlet. Rare Book and Special Collections Division , Library of Congress (048.05.00) [Digital ID# us0048_05]

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Articles of Confederation Ratified

The Articles of Confederation and Perpetual Union was the first constitution of the United States. After more than a year of consideration, it was submitted to the states for ratification in 1777, but not enough states approved it until 1781. The Articles provided for a weak executive branch, no national power of taxation, and voting by states.

[United States Continental Congress]. Articles of Confederation and Perpetual Union Between the States of. . . . Williamsburg, Virginia: J. Dixon & W. Hunter, 1778. Rare Book and Special Collections Division , Library of Congress (048.04.00) [Digital ID# us0048_04]

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After Maryland’s ratification established the Articles of Confederation as the first United States constitution, Thomas Rodney (1744–1811), a delegate to the Continental Congress from Delaware, recorded in his diary on March 1, 1781, that “the Completion of this grand Union & Confederation was announced by Firing thirteen Cannon on the Hill” in Philadelphia.

Thomas Rodney. Diary entry, March 1, 1781. Rodney Family Papers, Manuscript Division , Library of Congress (48.00.00) [Digital ID# us0048, //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0048_1_enlarge_725.Jpeg ">us0048_1 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0048_2_enlarge_725.Jpeg ">us0048_2 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0048_3_enlarge_725.Jpeg ">us0048_3 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0048_4_enlarge_725.Jpeg ">us0048_4 ]

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Confederation Congress Elects A President

Between March 1, 1781, when the Articles of Confederation were enacted, and November 5, 1781, when a new Congress convened, Samuel Huntington and Thomas McKean served briefly as presidents of the body. Samuel Johnston had declined the presidency when elected. When the first Confederation Congress met on November 5, 1781, it elected John Hanson (1715–1783), delegate from Maryland, as its president. In this letter, Charles Thomson (1729–1824), secretary of Congress, informs George Washington of Hanson’s election. According to the Articles, the president of the Congress presided only over Congress; George Washington, chosen after the ratification of the Federal Constitution, was the first president of the United States.

Letter from Charles Thomson to George Washington, November 5, 1781. Manuscript. George Washington Papers, Manuscript Division , Library of Congress (48.01.00) [Digital ID# us0048_01]

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Northwest Ordinance Prohibits Slavery

When the Confederation Congress began planning the organization of the territories north and west of the Ohio River, Thomas Jefferson and his congressional committee moved against mainstream eighteenth-century thought to draft regulations that prohibited in the territories slavery or involuntary servitude except for convicted criminals. Although Jefferson envisioned that the prohibition would go into effect in 1800, the final ordinance of 1787 contained an immediate ban.

Committee of Congress. Draft Report of Northwest Ordinance, March 1784. Broadside with emendations by Thomas Jefferson. Thomas Jefferson Papers, Manuscript Division , Library of Congress (49.00.00) [Digital ID# us0049]

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New States in the West and Northwest

While Congress considered an ordinance to govern the newly won territory west of the Appalachian Mountains and northwest of the Ohio River, Thomas Jefferson outlined plans for the boundaries of six unnamed new states, which he ironically referred to as “New Colonies.”

Thomas Jefferson. Plan for Boundaries in Western Territory, [1784]. Manuscript document. Thomas Jefferson Papers, Manuscript Division , Library of Congress (49.01.00) [Digital ID# us0049_01]

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Congress Drafts Northwest Ordinance

When the Confederation Congress began planning the organization of the territories north and west of the Ohio River, Thomas Jefferson and his congressional committee acted outside of mainstream eighteenth-century thought in drafting regulations to immediately prohibit slavery or involuntary servitude for anyone except convicted criminals. The final plan for western territories in 1787 did prohibit slavery.

Printed draft of the Northwest Ordinance of 1784. Virginia Gazette , May 15, 1784. Serial and Government Publications Division Library of Congress (049.02.00) [Digital ID# us0049_02p1]

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Call to Revise Articles of Confederation

In this 1786 letter to George Washington, John Jay (1745–1829), a Continental Congress delegate from New York and later the first Chief Justice of the Supreme Court, expressed what most U.S. leaders had come to believe: that “an opinion begins to prevail that a general convention for revising the articles of Confederation would be expedient.” It was clear that George Washington was the fulcrum around which plans to revise or even replace the articles often revolved.

Letter from John Jay to George Washington, March 16, 1786. Manuscript. George Washington Papers, Manuscript Division , Library of Congress (50.00.00) [Digital ID# us0050]

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“The Source of the Evil is the Nature of the Government”

With these words, Henry Knox (1750–1806), George Washington’s former artillery commander, described to Washington an uprising of indebted farmers and laborers in Massachusetts led by Daniel Shays in 1786 and 1787. Shays’ Rebellion was caused by excessive land taxation, high legal costs, and economic depression following the American Revolution, which threatened the stability of the Confederation. The protest was one of several that exposed the need to curb the excesses and inequities of state governments and led men such as Knox and Washington to seek remedies in a stronger national government.

Letter from Henry Knox to George Washington, December 17, 1786. Manuscript. George Washington Papers, Manuscript Division , Library of Congress (50.01.00) [Digital ID#s us0050_01p1, //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0050_01p2_725.Jpeg ">us0050_01p2 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0050_01p3_725.Jpeg ">us0050_01p3 ]

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Revolt in Massachusetts

Abigail Adams (1744–1818) predicted that the 1786 rebellion in Massachusetts led by Daniel Shays (ca. 1741–1825) “will prove sallutary to the state at large,” even though it was led by “ignorant, wrestless desperadoes, without conscience or principals.” Many in the United States believed a strong national government was needed to prevent such local uprisings against legitimate government. Shays and Job Shattuck (1736–1819), both veterans of the Revolutionary Army and leaders of the 1786 rebellion, are depicted in this scene.

Letter from Abigail Adams to Thomas Jefferson, January 29, 1787. Manuscript. Thomas Jefferson Papers, Manuscript Division , Library of Congress (050.02.01) [Digital ID#s us0050_02p1, //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0050_02p2_enlarge.jpg ">us0050_02p2 ]

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Madison and Washington Consider Confederation

In 1785, James Madison and George Washington were in the midst of a written conversation about ways to create a stronger national government. Both men believed that the confederation government might have to sink lower before the time would be right for a successful “meeting of Politico-Commercial Commssrs. from all states”a meeting that would occur in Philadelphia two years later.

Letter from James Madison to George Washington, December 9, 1785. Manuscript. George Washington Papers, Manuscript Division , Library of Congress (51.00.00) [Digital ID#s us0051, //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0051_1_enlarge_725.Jpeg ">us0051_1 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0051_2_enlarge_725.Jpeg ">us0051_2 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0051_3_enlarge_725.Jpeg ">us0051_3 ]

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Annapolis Meeting Leads to a Broader National Convention

In September 1786, delegates from five states met in Annapolis, Maryland, ostensibly to discuss barriers to trade under the Articles of Confederation. The commissioners decided that not enough states were represented to make any substantive agreement. Despite the failure of the “Annapolis Convention” to attract broad support, the nationalist delegates who had attended it, including Alexander Hamilton and James Madison, pressed on with a recommendation for a national convention to address defects in the Articles of Confederation.

Letter from James Madison to James Monroe, September 11, 1786. Manuscript. James Madison Papers, Manuscript Division , Library of Congress   (51.01.00) [Digital ID# us0051_01]

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Financial Crisis Fears

In 1786 James Monroe (1758–1831), then a congressman from Virginia, expressed fears that the rejection of efforts to grant a national impost for revenue “endangers the govt” and “will most probably induce a change of some kind.” These fears of economic instability and lack of operating funds for the national government fueled calls for a national convention to revise the Articles of Confederation.

Letter from James Monroe to James Madison, September 12, 1786. Manuscript. James Madison Papers, Manuscript Division , Library of Congress (051.02.00) [Digital ID# us0051_02p1]

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Washington and Madison Plan for a New Government

In this letter written in 1787 on the eve of the federal Constitutional Convention, James Madison warns George Washington of the dangers from both temporizers and radicals. Madison also sketches his plans for a new federal government and constitution to be formulated in Philadelphia. Proportional representation and a national legislative veto over state laws were just two of Madison’s major proposals.

Letter from James Madison to George Washington, April 16, 1787. Manuscript. George Washington Papers, Manuscript Division , Library of Congress (52.00.02) [Digital ID#s us0052_2, //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0052_enlarge_725.Jpeg ">us0052 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0052_1_enlarge_725.Jpeg ">us0052_1 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0052_3_enlarge_725.Jpeg ">us0052_3 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0052_4_enlarge_725.Jpeg ">us0052_4 , //www.loc.gov/exhibits/creating-the-united-states/Constitution/RoadtotheConstitution/Assets/us0052_5_enlarge_725.Jpeg ">us0052_5 ]

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Setting for the Creation of the Federal Constitution

Delegates to the Federal Constitutional Convention of 1787 created the instrument of government in the East Room on the first floor of the Pennsylvania State House, which is known as Independence Hall because the American Declaration of Independence was adopted here on July 4, 1776. In order to secure secrecy the delegates took an oath and met behind closed doors and windows with pulled drapes.

John Rubens Smith. Sketch of the State House In Philadelphia , [1829]. Pencil drawing. Prints and Photographs Division , Library of Congress (53.01.00) [Digital ID# LC-USZ62-113780]

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Independence Hall

Delegates to the Federal Constitutional Convention of 1787 created the instrument of government in the East Room on the first floor of the Pennsylvania State House (known today as Independence Hall) on Chestnut Street, Philadelphia. The delegates took an oath of secrecy and met behind closed doors and windows with pulled drapes throughout the often hot and humid Delaware Valley summer.  This engraving shows a view of the State House from High Street.

William Birch & Son. “High Street, from Ninth Street,” from The City of Philadelphia in the State of Pennsylvania, North America, As it Appeared in the Year 1800. . . . Hand-colored engraving. Springland, Pennsylvania: William Birch and Son, 1800. Rare Book and Special Collections Division , Library of Congress (54.00.02) [Digital ID# us0054_04]

William Birch & Son. “State-house with a View of Chestnut Street, Philadelphia” from The City of Philadelphia . . . Hand-colored engraving. Philadelphia: William Birch & Son, 1800. Rare Book and Special Collections Division , Library of Congress (54.00.00) [Digital ID# us0054]

William Birch & Son. “Back of the State-house,” from The City of Philadelphia in the State of Pennsylvania, North America, As it Appeared in the Year 1800. . . . Hand-colored engraving. Springland, Pennsylvania: William Birch and Son, 1800. Rare Book and Special Collections Division , Library of Congress (54.00.01) [Digital ID# us0054_1]

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Congress Adopts the Northwest Ordinance

The Northwest Ordinance, adopted by the Confederation Congress on July 13, 1787, established a precedent for the organization of territories outside of the nation’s original thirteen states. A minimum of five territories or states were to be created. Each was to have a republican government with an executive, legislative council (upper house), assembly, and judiciary. Not only was the territory north and west of the Ohio River to be settled by Americans and admitted into full statehood in the union, but the Ordinance stipulated that those territories would be free from slavery or involuntary servitude and have a bill of rights.

United States Continental Congress. Ordinance for the Government of the Territory of the U.S. Northwest of the Ohio. New York, 1787. Broadside. Rare Book and Special Collections Division , Library of Congress (049.04.00) [Digital ID# us0049_04]

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The Northwest Ordinance, adopted by the Confederation Congress on July 13, 1787, established a precedent for the organization of territories outside of the nation’s original thirteen states. A minimum of five territories or states were to be created. Each was to have a republican government with an executive, legislative council (upper house), assembly, and judiciary. Not only was the territory north and west of the Ohio River to be settled by Americans and admitted into full statehood in the union, but the Ordinance stipulated that those territories would be free from slavery or involuntary servitude and have a bill of rights. Nathan Dane (1752–1835), who authored the clause prohibiting slavery, annotated this copy.

United States Continental Congress. An Ordinance for the Government of the Territory of the U.S. Northwest of the Ohio. New York: 1787. Rare Book and Special Collections Division , Library of Congress (049.03.00) [Digital ID# us0049_03]

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Crucible for the Creation of the American Republic

Philadelphia, site of both Continental Congresses, was one of the most urban, advanced cities in America in the eighteenth century. Originally drawn by George Heap (1714–1752), a surveyor and mapmaker in Philadelphia, and Nicolas Scull (1687–1762), Surveyor General of the Province of Pennsylvania, this map was engraved and published by Matthäus Albrect Lotter (1741–1810), and shows streams, roads, and names of the landowners in the vicinity of Philadelphia. The bottom of the map contains an illustration of the State House, home of the second Continental Congress and the Federal Convention of 1787.

Matthäus Albrect Lotter. A Plan of the City and Environs of Philadelphia . [Augsburg: M.A. Lotter, 1777]. Hand-colored engraved map. Geography and Map Division , Library of Congress (053.03.00) [Digital ID# ar132200]

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Fear of Wasting George Washington’s Political Capital

James Madison expressed a fear that George Washington would waste his political capital by attending an “abortive” convention. Madison wondered if Washington should hold off on his appearance until some progress had been made, suggesting that Benjamin Franklin might provide “sufficient dignity into the Chair” of the convention until the proper time. Washington had left Virginia by the time Edmund Randolph received this letter and arrived in Philadelphia in time to help Madison and other members of the Virginia delegation to draft a proposed plan of government, known as the “Virginia Plan.”

Letter from James Madison to Edmund Randolph, April 15, 1787. Manuscript. James Madison Papers, Manuscript Division , Library of Congress (052.02.00) [Digital ID# us0052_02]

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Fear of Wasting Washington’s Political Capital

James Madison worried that George Washington would waste his political capital by attending an “abortive” convention. He thought Washington should delay his appearance until some progress at the Constitutional Convention had been made and suggested that in the meantime, Benjamin Franklin might provide “sufficient dignity into the Chair.” Before Madison could address the matter, however, Washington had already left for Philadelphia, as indicated by this letter from John Dawson (1762–1814), a fellow Virginian, who realized the high stakes of the convention.

Letter from John Dawson to James Madison, April 15, 1787. Manuscript. James Madison Papers, Manuscript Division , Library of Congress (052.03.00) [Digital ID# us0052_03]

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Not Worth a Continental

During the American Revolution the Continental Congress issued paper currency to finance the Revolutionary War. These notes, called “Continentals,” had no backing in gold or silver, but were instead backed by the “anticipation” of tax revenues. Easily counterfeited and without solid backing, the notes quickly lost their value, so that the term “not worth a Continental” became common slang. After the war Congress and the state governments continued to produce money contributing to what Madison referred to as the “mortal diseases” of the government under the Articles of Confederation and resulting in calls for a new federal constitution to strengthen the national government.

United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division , Library of Congress (136.00.00) [Digital ID # us0136]

United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division , Library of Congress (136.01.00) [Digital ID# us0136_01]

United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division , Library of Congress (136.02.00) [Digital ID# us0136_02]

United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division , Library of Congress (136.03.00) [Digital ID# us0136_03]

United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division , Library of Congress (136.04.00) [Digital ID# us0136_04]

United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division , Library of Congress (136.05.00) [Digital ID# us0136_05]

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Plans to Revise the Articles of Confederation

Rufus King (1755–1827), a member of the Confederation Congress and a delegate to the Federal Constitution Convention of 1787, expressed concern for a 1785 Massachusetts legislative call for a national convention to revise the Articles of Confederation. In his letter to Nathan Dane (1752–1835), a Massachusetts delegate to the Confederation Congress and architect of the Northwest Ordinance of 1787, King correctly predicted that any new government would be less republican and that the larger states would want more control of the new government. The Massachusetts delegates refused to submit the request to Congress or to the other states.

Letter from Rufus King to Nathan Dane, September 17, 1785. Manuscript. Nathan Dane Papers, Manuscript Division , Library of Congress (051.03.00) [Digital ID# us0051_03p2]

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Washington Voices Doubts About a “general Convention”

In early 1786 George Washington (1732–1799) recognized that the Articles of Confederation needed to be revised, but he still harbored doubts about calling a “general Convention.” Despite his fears that a bad solution or a failed attempt to change the Articles might worsen America’s economic and political conditions, Washington believed that “something must be done, or the fabrick must fall.”

Letter from George Washington to John Jay, May 18, 1786. Letter book. George Washington Papers, Manuscript Division , Library of Congress (050.03.00) [Digital ID# us0050_03]

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Thomas Jefferson on Black Education

Robert Pleasants (1723–1801), a Virginia Quaker who had recently freed his own eighty slaves, wrote to Thomas Jefferson asking his support for education for slave children in order to prepare them for freedom. Responding to his letter, Jefferson suggested that private efforts would be inadequate and that state support would be necessary to provide education for slaves “destined to be free.”

Letter from Thomas Jefferson to Robert Pleasants, [August 27, 1796]. Manuscript. Thomas Jefferson Papers, Manuscript Division , Library of Congress (048.03.00) [Digital ID# us0048_03]

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Author: Ken Drexler, Reference Specialist, Researcher and Reference Services Division

Created: December 15, 2018

Last Updated: January 8, 2019

The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787. The present United States Constitution replaced the Articles of Confederation on March 4, 1789.

• Articles of Confederation United States Statutes at Large (1 Stat. 4)

Articles of confederation and perpetual union between the states...1777. Printed Ephemera Collection. Rare Book and Special Collections Division.

Augustus Tholey. Leaders of the Continental Congress--John Adams, Morris, Hamilton, Jefferson / A. Tholey. 1894. Prints and Photographs Division

Articles of confederation and perpetual union between the states...1777. Continental Congress & Constitutional Convention Broadsides Collection. Rare Book and Special Collections Division.

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History Resources

The Articles of Confederation, 1777

A spotlight on a primary source by the second continental congress.

More of a treaty—or a "firm league of friendship"—than a constitution, the Articles of Confederation in no way infringed upon the sovereignty of the original thirteen states. Each state held "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." The Congress, the primary organ of the new national government, only had the power to declare war, appoint military officers, sign treaties, make alliances, appoint foreign ambassadors, and manage relations with the American Indians. All states were represented equally in Congress, and nine of the thirteen states had to approve a bill before it became law. Amendments required the approval of all the states.

The Articles of Confederation represented an attempt to balance the sovereignty of the states with an effective national government. Under the Articles, the states, not Congress, had the power to tax. Congress could raise money only by asking the states for funds, borrowing from foreign governments, and selling western lands. In addition, Congress could not draft soldiers or regulate trade. There was no provision for national courts or a chief executive.

Importantly, the Articles did not establish a genuinely republican government. Power was concentrated in a single assembly, rather than being divided, as in the state governments, into separate houses and branches. Further, members of the Confederation Congress were selected by state governments, not by the people.

The Articles served as the nation’s plan of government until the US Constitution was ratified in 1788.

A full transcript is available.

Of Confederation and perpetual Union between the States of New-Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia.

ARTICLE 1. The Stile of this confederacy shall be "The United States of America".

ART. 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.

ART. III. The said states hereby severally enter into a firm league of friendship with each other, for their common defense, 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 pretense whatever.

ART. IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state, to any other state, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states, or either of them.

If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any state, shall flee from justice, and be found in any of the united states, he shall, upon demand of the Governor or executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offense.

Full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other state.

ART. 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. . . .

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

Freedom of speech and debate in congress shall not be impeached or questioned in any court or place out of congress, and the members of congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on congress, except for treason, felony, or breach of the peace. . . .

Questions for Discussion

Read the introduction and the document and apply your knowledge of American history in order to answer the following questions.

• Locate four provisions within the Articles of Confederation that indicate the concerns of the founding generation with the powers of a central government.
• How accurate is the following statement? The experience of having lived under a monarchy was largely responsible for the emphasis on sovereignty of the states under the Articles of Confederation.
• Critics of the Articles pointed out its weaknesses and shortcomings. Identify and explain four such areas in the Articles that were changed, altered, removed, or added in the Constitution.
• To what extent does the debate continue today over the power of the federal government? 

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The Articles of Confederation

The Second Continental Congress began laying the groundwork for an independent United States on June 11, 1776, when it passed resolutions appointing committees to draft the Articles of Confederation and the Declaration of Independence. The Articles resolution ordered “a committee to be appointed to prepare and digest the form of a confederation to be entered into between these colonies.” 1  John Dickinson, the chairman of the committee tasked with creating a confederation, worked with twelve other committee members to prepare draft articles. They presented their work to Congress on July 12, 1776, and the delegates began to debate the plan soon thereafter. Wary and conscious of repeated British intrusions on their civil and political rights since the early 1760s, the Articles’ framers carefully considered state sovereignty, the proposed national government’s specific powers, and the structure of each government branch as they wrote and debated their plan.  They sought to create a government subordinate to the states with power sufficiently checked to prevent the kind of infringements that Americans had experienced under British rule. Congress debated the Articles with these concerns in mind, and it approved the final draft of the Articles on November 15, 1777. Two days later, Congress sent it to the states for ratification. The Articles required unanimous consent from the thirteen states to take effect. Maryland became the final state to ratify the document on March 1, 1781.

The Articles of Confederation featured a preamble and thirteen articles that granted the bulk of power to the states. To some degree, it was a treaty of alliance between thirteen sovereign republics rather than the foundation for a national government. The preamble announced that the states were in a “perpetual union” with one another, but despite this seemingly stringent description, the Articles merely organized the states into a loose compact in which they mostly governed themselves. 2 The first article provided the new nation with its name: “the United States of America.” 3  The remaining articles detailed the states’ relationship with each other and with Congress. Article II provided that “each state retains its sovereignty, freedom and independence.” Article III, in which the states agreed to “enter into a firm league of friendship with each other,” did not negate an individual state’s sovereign status. 4  Article IV specified the rights of citizens within the several states, such as affording citizens the same privileges and immunities and allowing freedom of movement. Article IV also afforded full faith and credit to “the records, acts, and judicial proceedings of the courts and magistrates of every other state.” 5  Article V gave each state only one vote in Congress, ensuring the idea of equality among the states. Other articles discussed the powers granted to Congress, including the power to levy war, send and receive ambassadors, create treaties, grant letters of marque and reprisal, regulate the value of coin, and establish post offices. The final article, Article XIII, required unanimous ratification for all amendments. It also featured a supremacy clause obligating every state to follow the Articles of Confederation.

Three years after the ratification of the Articles of Confederation, many Americans including George Washington began to argue that the perpetual union was in danger.  On January 18, 1784, Washington wrote to Virginia governor Benjamin Harrison that the government was “a half starved, limping Government, that appears to be always moving upon crutches, & tottering at every step.” 6  Washington and other Americans had witnessed several crises during the United States’ early years under the Articles, leading to a belief among many that preventing the nation’s collapse required revisiting the Articles. On June 27, 1786, John Jay confided in Washington that “Our affairs seem to lead to some crisis . . . I am uneasy and apprehensive—more so, than during the War.” 7  In Jay’s opinion, one many leading Americans shared, the national government’s weakness led to serious problems that threatened the nation’s survival.

Congress possessed only enumerated powers under the Articles of Confederation.  It had no real power to tax, regulate commerce, or raise an army. The inability to tax created major obstacles for the new nation. Without the ability to tax the states or citizens, Congress could not raise revenue, which it needed to pay war debts to international creditors. Congress could only request money from states, and frequently, states would donate only a portion of the request or nothing at all.  Between 1781 and 1787, Congress only received $1.5 million of the $10 million that it had requested from the states.

In April 1783, Congress proposed an amendment to the Articles that would allow Congress to levy a five percent tariff on imports for no more than twenty-five years.  The revenue from the proposed tariff was specifically earmarked to pay war debts. Given the unanimous amendment process, all states had to ratify the impost for it to take effect. All states but New York had adopted the impost by early 1786.  In May 1786, New York’s legislature was willing to adopt the impost with some alterations. However, Congress did not want to accept these alterations and requested that New York remove them. When New York refused to do so in February 1787, the attempt at giving Congress the power to tax, at least in some capacity, was over.

Shays’ Rebellion coincided with the impost ratification process. Led by Daniel Shays, the rebellion was comprised of indebted farmers in western Massachusetts, many of whom were Revolutionary War veterans that had lost much of their land due to foreclosures. They could not pay the high taxes that states had imposed in order to eliminate war debt. Congress had no ability to raise its own army to suppress the rebellion, forcing the nation to rely on a privately financed Massachusetts army to put down the insurrection. This exemplified the need for not only Congress to have the ability to tax, but also the power to raise an army. Additionally, the Articles did not give Congress the power to regulate commerce explicitly. Although it could negotiate treaties and regulate all American coin, it did not have the power to negotiate complex trade treaties with foreign nations and the Articles failed to create a singular uniform currency. This lack of universal currency made trade between states and foreign nations difficult, and led to inconsistencies in currency exchange rates among the states.

Despite the Articles’ weaknesses, it also had numerous strengths. Foremost, it enabled the country to prosecute the Revolutionary War. Because Congress observed that the Articles were its de facto government until officially ratified in 1781, the Articles allowed the country to create a treaty of alliance with France in 1778. It also allowed for the negotiation of the Treaty of Paris of 1783, which ended the war.  The Articles enabled Congress to create the Departments of Foreign Affairs, Wars, Marine, and Treasury, allowed for the establishment of post offices, and had a provision that would permit Canada to join the Union in the future. Congress’s most significant legislative achievement under the Articles was its passage of a series of land ordinances in the mid-1780s: the Land Ordinance of 1784, the Land Ordinance of 1785, and the Northwest Ordinance of 1787 .  These ordinances collectively provided a process for adding new and equal states to the nation, guaranteed republican governments and other rights for the new states and its inhabitants, banned slavery and involuntary servitude in the new territories after 1800, and provided for public education in the new states. Overall, the ratification of these ordinances was impressive, given the lack of unity among the states at the time and the super-majority vote needed to pass them.

Yet, the Articles of Confederation’s weaknesses triumphed over its virtues. As a result, the Annapolis Convention was called on September 11, 1786, just a few weeks after the outbreak of Shays’ Rebellion. The convention was called initially to address changes regarding trade, but the delegates realized the problems had a broader scope.  John Dickinson, who had chaired the committee to draft the Articles, was president of the Annapolis Convention.  He along with other delegates, particularly Alexander Hamilton , resolved to reconvene at a convention in Philadelphia to revise the Articles in May 1787.

The Philadelphia Convention of 1787 went beyond its mandate to revise the Articles by replacing it with a new constitution. However, the delegates to the Constitutional Convention incorporated several ideas from the Articles into the new charter. Examples of this incorporation include the full faith and credit clause and the power to declare war. In addition, the privileges and immunities clause of Article IV of the Articles was incorporated into Article IV of the Constitution.

Even after state conventions ratified the Constitution in 1788, the Articles of Confederation continued to inspire changes to the new federal charter. In 1791, Article II of the Articles of Confederation served as the basis for the 10 th Amendment to the Constitution. Born out of necessity to fight the War for Independence, the Articles of Confederation created a “perpetual union” that later generations of Americans would later strive to make “more perfect.”

Aubrianna Mierow The George Washington University

1. Journals of the Continental Congress, 1774-1789 , ed. Worthington C. Ford et al. (Washington: Government Printing Office, 1904-37), 8:431.

2. JCC, 1774-1789 , ed. Ford et al., 9:907.

4. Ibid, 9:908.

5. Ibid, 9:908-9.

6. George Washington to Benjamin Harrison, 18 January 1784, Founders Online , National Archives, last modified June 13, 2018, http://founders.archives.gov/documents/Washington/04-01-02-0039 .

7. John Jay to George Washington, 27 June 1786, Founders Online , National Archives, last modified June 13, 2018, http://founders.archives.gov/documents/Washington/04-04-02-0129 .

Bibliography:

Kaminski, John. “Empowering the Confederation: a Counterfactual Model.” (2005) Accessed November 1, 2018. https://law.utexas.edu/faculty/calvinjohnson/RighteousAnger/ SHEAR2005Kaminski.pdf .

Maier, Pauline. Ratification: The People Debate the Constitution, 1787-1788 . New York: Simon & Schuster, 2011.

Rakove, Jack N. The Beginnings of National Politics: An Interpretive History of the Continental Congress . New York: Knopf, 1979.

Richards, Leonard L. Shays’s Rebellion: The American Revolution’s Final Battle . Philadelphia: University of Pennsylvania Press, 2003.

Van Cleve, George. We Have Not a Government: The Articles of Confederation and the Road to the Constitution . Chicago: University of Chicago Press, 2019.

Wood, Gordon S. The Creation of the American Republic 1776-1787 . Chapel Hill and London: The University of North Carolina Press, 1998.

Have Fun With History

Articles of Confederation vs Constitution – What’s the Difference?

Both the Constitution and the Articles of Confederation are landmark texts in the annals of American history; nonetheless, these two documents were drafted with quite different goals in mind and contain important distinctions.

The original constitution of the United States of America was called the Articles of Confederation, and it was established by the Continental Congress in 1777 and ratified by the states in 1781. It established a national government that was rather weak, with the majority of power being kept by the various states.

However, the government that was established based on the Articles of Confederation turned out to be ineffectual, and so in 1787, a convention to form a new Constitution was organized. This new Constitution was adopted in 1788, and it is still in use today.

The Constitution, which laid the groundwork for a more powerful national government by establishing separate branches of government as well as a system of checks and balances, has been revised numerous times over the course of history.

Articles of Confederation vs Constitution

The main difference between the Articles of Confederation and the Constitution is that, under the Articles of Confederation, sovereignty was vested in the states, whereas under the Constitution, the power of the federal government was significantly expanded and it declared the governing laws of the country.

What Were the Articles of Confederation?

The Articles of Confederation were the original constitution of the United States. It was ratified by the states in 1781 after being adopted by the Continental Congress in 1777.

The Articles of Confederation established a national government that was relatively weak, with the majority of power being delegated to the member states.

The Articles of Confederation established a single chamber for the legislative part of the government, which was called the Confederation Congress. Within this body, each state received one vote.

Also Read: Timeline of Shays’ Rebellion

The Congress possessed the authority to declare war and peace, to negotiate treaties, and to regulate coinage; however, it did not have the authority to levy taxes or to regulate commerce.

The national government lacked both an executive and a judicial branch, and the scope of its powers was restricted to those that had been expressly given to it by the individual states.

The Articles of Confederation stipulated, among other things, that each state would keep its own sovereignty and independence, and that the Confederation Congress would arbitrate any conflicts that arose between the states.

Because the government that was established under the Articles of Confederation was not powerful enough to address the challenges that occurred with the newly constituted nation, the creation of the United States Constitution was necessary.

What is the Constitution?

The United States of America is governed by the Constitution of the United States , which is considered to be the highest legislation in the country.

In 1787, it was approved by the Constitutional Convention that was held in Philadelphia. Subsequently, it was ratified by conventions held in each of the states that make up the United States.

The United States Constitution is a document that lays out the framework for the national government. It is made up of a prologue and seven articles that are meant to encapsulate the core values of the federal government.

Also Read: 27 Amendments Simplified

It establishes the legislative branch, which is represented by the United States Congress; the executive branch, which is represented by the President; and the judicial branch, which is represented by the Supreme Court and other federal courts.

Each of these branches is responsible for a distinct aspect of government. In addition to this, it describes the roles and responsibilities of each branch of government, as well as the rights and liberties enjoyed by citizens of the United States.

In addition, the Constitution outlines a process for revising the constitution as well as a checks and balances mechanism to prevent any one branch of government from amassing an excessive amount of authority.

It is frequently cited as a model for the constitutions of other nations because it is widely regarded as one of the most significant texts in the annals of world history.

The Constitution is still in use today, despite the fact that it has been revised a total of 27 times; the Bill of Rights is the name given to the first ten amendments.

Intro.6.2 Weaknesses in the Articles of Confederation

Weaknesses inherent in the Articles of Confederation became apparent before the Revolution out of which that instrument was born had been concluded. Even before the thirteenth state (Maryland) conditionally joined the firm league of friendship on March 1, 1781, the need for a revenue amendment was widely conceded. Congress under the Articles lacked authority to levy taxes. She could only request the states to contribute their fair share to the common treasury, but the requested amounts were not forthcoming. To remedy this defect, Congress applied to the states for power to lay duties and secure the public debts. Twelve states agreed to such an amendment, but Rhode Island refused her consent, thereby defeating the proposal.

Thus was emphasized a second weakness in the Articles of Confederation, namely, the liberum veto which each state possessed whenever amendments to that instrument were proposed. Not only did all amendments have to be ratified by each of the thirteen states, but all important legislation needed the approval of nine states. With several delegations often absent, one or two states were able to defeat legislative proposals of major importance.

Other imperfections in the Articles of Confederation also proved embarrassing. Congress could, for example, negotiate treaties with foreign powers, but all treaties had to be ratified by the several states. Even when a treaty was approved, Congress lacked authority to secure obedience to its stipulations. Congress could not act directly upon the states or upon individuals. Under such circumstances foreign nations doubted the value of a treaty with the new Republic.

Furthermore, Congress had no authority to regulate foreign or interstate commerce. Legislation in this field, subject to unimportant exceptions, was left to the individual states. Disputes between states with common interests in the navigation of certain rivers and bays were inevitable. Discriminatory regulations were followed by reprisals.

America's Founding Documents

Constitution of the United States—A History

A more perfect union: the creation of the u.s. constitution.

General George Washington

He was unanimously elected president of the Philadelphia convention.

May 25, 1787, freshly spread dirt covered the cobblestone street in front of the Pennsylvania State House, protecting the men inside from the sound of passing carriages and carts. Guards stood at the entrances to ensure that the curious were kept at a distance. Robert Morris of Pennsylvania, the "financier" of the Revolution, opened the proceedings with a nomination--Gen. George Washington for the presidency of the Constitutional Convention. The vote was unanimous. With characteristic ceremonial modesty, the general expressed his embarrassment at his lack of qualifications to preside over such an august body and apologized for any errors into which he might fall in the course of its deliberations.

To many of those assembled, especially to the small, boyish-looking, 36-year-old delegate from Virginia, James Madison, the general's mere presence boded well for the convention, for the illustrious Washington gave to the gathering an air of importance and legitimacy But his decision to attend the convention had been an agonizing one. The Father of the Country had almost remained at home.

Suffering from rheumatism, despondent over the loss of a brother, absorbed in the management of Mount Vernon, and doubting that the convention would accomplish very much or that many men of stature would attend, Washington delayed accepting the invitation to attend for several months. Torn between the hazards of lending his reputation to a gathering perhaps doomed to failure and the chance that the public would view his reluctance to attend with a critical eye, the general finally agreed to make the trip. James Madison was pleased.

The Articles of Confederation

The determined Madison had for several years insatiably studied history and political theory searching for a solution to the political and economic dilemmas he saw plaguing America. The Virginian's labors convinced him of the futility and weakness of confederacies of independent states. America's own government under the Articles of Confederation, Madison was convinced, had to be replaced. In force since 1781, established as a "league of friendship" and a constitution for the 13 sovereign and independent states after the Revolution, the articles seemed to Madison woefully inadequate. With the states retaining considerable power, the central government, he believed, had insufficient power to regulate commerce. It could not tax and was generally impotent in setting commercial policy it could not effectively support a war effort. It had little power to settle quarrels between states. Saddled with this weak government, the states were on the brink of economic disaster. The evidence was overwhelming. Congress was attempting to function with a depleted treasury; paper money was flooding the country, creating extraordinary inflation--a pound of tea in some areas could be purchased for a tidy $100; and the depressed condition of business was taking its toll on many small farmers. Some of them were being thrown in jail for debt, and numerous farms were being confiscated and sold for taxes.

In 1786 some of the farmers had fought back. Led by Daniel Shays, a former captain in the Continental army, a group of armed men, sporting evergreen twigs in their hats, prevented the circuit court from sitting at Northampton, MA, and threatened to seize muskets stored in the arsenal at Springfield. Although the insurrection was put down by state troops, the incident confirmed the fears of many wealthy men that anarchy was just around the corner. Embellished day after day in the press, the uprising made upper-class Americans shudder as they imagined hordes of vicious outlaws descending upon innocent citizens. From his idyllic Mount Vernon setting, Washington wrote to Madison: "Wisdom and good examples are necessary at this time to rescue the political machine from the impending storm."

Madison thought he had the answer. He wanted a strong central government to provide order and stability. "Let it be tried then," he wrote, "whether any middle ground can be taken which will at once support a due supremacy of the national authority," while maintaining state power only when "subordinately useful." The resolute Virginian looked to the Constitutional Convention to forge a new government in this mold.

The convention had its specific origins in a proposal offered by Madison and John Tyler in the Virginia assembly that the Continental Congress be given power to regulate commerce throughout the Confederation. Through their efforts in the assembly a plan was devised inviting the several states to attend a convention at Annapolis, MD, in September 1786 to discuss commercial problems. Madison and a young lawyer from New York named Alexander Hamilton issued a report on the meeting in Annapolis, calling upon Congress to summon delegates of all of the states to meet for the purpose of revising the Articles of Confederation. Although the report was widely viewed as a usurpation of congressional authority, the Congress did issue a formal call to the states for a convention. To Madison it represented the supreme chance to reverse the country's trend. And as the delegations gathered in Philadelphia, its importance was not lost to others. The squire of Gunston Hall, George Mason, wrote to his son, "The Eyes of the United States are turned upon this Assembly and their Expectations raised to a very anxious Degree. May God Grant that we may be able to gratify them, by establishing a wise and just Government."

The Delegates

Seventy-four delegates were appointed to the convention, of which 55 actually attended sessions. Rhode Island was the only state that refused to send delegates. Dominated by men wedded to paper currency, low taxes, and popular government, Rhode Island's leaders refused to participate in what they saw as a conspiracy to overthrow the established government. Other Americans also had their suspicions. Patrick Henry, of the flowing red Glasgow cloak and the magnetic oratory, refused to attend, declaring he "smelt a rat." He suspected, correctly, that Madison had in mind the creation of a powerful central government and the subversion of the authority of the state legislatures. Henry along with many other political leaders, believed that the state governments offered the chief protection for personal liberties. He was determined not to lend a hand to any proceeding that seemed to pose a threat to that protection.

With Henry absent, with such towering figures as Jefferson and Adams abroad on foreign missions, and with John Jay in New York at the Foreign Office, the convention was without some of the country's major political leaders. It was, nevertheless, an impressive assemblage. In addition to Madison and Washington, there were Benjamin Franklin of Pennsylvania--crippled by gout, the 81-year-old Franklin was a man of many dimensions printer, storekeeper, publisher, scientist, public official, philosopher, diplomat, and ladies' man; James Wilson of Pennsylvania--a distinguished lawyer with a penchant for ill-advised land-jobbing schemes, which would force him late in life to flee from state to state avoiding prosecution for debt, the Scotsman brought a profound mind steeped in constitutional theory and law; Alexander Hamilton of New York--a brilliant, ambitious former aide-de-camp and secretary to Washington during the Revolution who had, after his marriage into the Schuyler family of New York, become a powerful political figure; George Mason of Virginia--the author of the Virginia Bill of Rights whom Jefferson later called "the Cato of his country without the avarice of the Roman"; John Dickinson of Delaware--the quiet, reserved author of the "Farmers' Letters" and chairman of the congressional committee that framed the articles; and Gouverneur Morris of Pennsylvania-- well versed in French literature and language, with a flair and bravado to match his keen intellect, who had helped draft the New York State Constitution and had worked with Robert Morris in the Finance Office.

There were others who played major roles - Oliver Ellsworth of Connecticut; Edmund Randolph of Virginia; William Paterson of New Jersey; John Rutledge of South Carolina; Elbridge Gerry of Massachusetts; Roger Sherman of Connecticut; Luther Martin of Maryland; and the Pinckneys, Charles and Charles Cotesworth, of South Carolina. Franklin was the oldest member and Jonathan Dayton, the 27-year-old delegate from New Jersey was the youngest. The average age was 42. Most of the delegates had studied law, had served in colonial or state legislatures, or had been in the Congress. Well versed in philosophical theories of government advanced by such philosophers as James Harrington, John Locke, and Montesquieu, profiting from experience gained in state politics, the delegates composed an exceptional body, one that left a remarkably learned record of debate. Fortunately we have a relatively complete record of the proceedings, thanks to the indefatigable James Madison. Day after day, the Virginian sat in front of the presiding officer, compiling notes of the debates, not missing a single day or a single major speech. He later remarked that his self-confinement in the hall, which was often oppressively hot in the Philadelphia summer, almost killed him.

The sessions of the convention were held in secret--no reporters or visitors were permitted. Although many of the naturally loquacious members were prodded in the pubs and on the streets, most remained surprisingly discreet. To those suspicious of the convention, the curtain of secrecy only served to confirm their anxieties. Luther Martin of Maryland later charged that the conspiracy in Philadelphia needed a quiet breeding ground. Thomas Jefferson wrote John Adams from Paris, "I am sorry they began their deliberations by so abominable a precedent as that of tying up the tongues of their members."

The Virginia Plan

On Tuesday morning, May 29, Edmund Randolph, the tall, 34-year- old governor of Virginia, opened the debate with a long speech decrying the evils that had befallen the country under the Articles of Confederation and stressing the need for creating a strong national government. Randolph then outlined a broad plan that he and his Virginia compatriots had, through long sessions at the Indian Queen tavern, put together in the days preceding the convention. James Madison had such a plan on his mind for years. The proposed government had three branches--legislative, executive, and judicial--each branch structured to check the other. Highly centralized, the government would have veto power over laws enacted by state legislatures. The plan, Randolph confessed, "meant a strong consolidated union in which the idea of states should be nearly annihilated." This was, indeed, the rat so offensive to Patrick Henry.

The introduction of the so-called Virginia Plan at the beginning of the convention was a tactical coup. The Virginians had forced the debate into their own frame of reference and in their own terms.

For 10 days the members of the convention discussed the sweeping and, to many delegates, startling Virginia resolutions. The critical issue, described succinctly by Gouverneur Morris on May 30, was the distinction between a federation and a national government, the "former being a mere compact resting on the good faith of the parties; the latter having a compleat and compulsive operation." Morris favored the latter, a "supreme power" capable of exercising necessary authority not merely a shadow government, fragmented and hopelessly ineffective.

The New Jersey Plan

This nationalist position revolted many delegates who cringed at the vision of a central government swallowing state sovereignty. On June 13 delegates from smaller states rallied around proposals offered by New Jersey delegate William Paterson. Railing against efforts to throw the states into "hotchpot," Paterson proposed a "union of the States merely federal." The "New Jersey resolutions" called only for a revision of the articles to enable the Congress more easily to raise revenues and regulate commerce. It also provided that acts of Congress and ratified treaties be "the supreme law of the States."

For 3 days the convention debated Paterson's plan, finally voting for rejection. With the defeat of the New Jersey resolutions, the convention was moving toward creation of a new government, much to the dismay of many small-state delegates. The nationalists, led by Madison, appeared to have the proceedings in their grip. In addition, they were able to persuade the members that any new constitution should be ratified through conventions of the people and not by the Congress and the state legislatures- -another tactical coup. Madison and his allies believed that the constitution they had in mind would likely be scuttled in the legislatures, where many state political leaders stood to lose power. The nationalists wanted to bring the issue before "the people," where ratification was more likely.

Hamilton's Plan

Alexander Hamilton

On June 18 called the British government "the best in the world" and proposed a model strikingly similar. The erudite New Yorker, however, later became one of the most ardent spokesmen for the new Constitution.

On June 18 Alexander Hamilton presented his own ideal plan of government. Erudite and polished, the speech, nevertheless, failed to win a following. It went too far. Calling the British government "the best in the world," Hamilton proposed a model strikingly similar an executive to serve during good behavior or life with veto power over all laws; a senate with members serving during good behavior; the legislature to have power to pass "all laws whatsoever." Hamilton later wrote to Washington that the people were now willing to accept "something not very remote from that which they have lately quitted." What the people had "lately quitted," of course, was monarchy. Some members of the convention fully expected the country to turn in this direction. Hugh Williamson of North Carolina, a wealthy physician, declared that it was "pretty certain . . . that we should at some time or other have a king." Newspaper accounts appeared in the summer of 1787 alleging that a plot was under way to invite the second son of George III, Frederick, Duke of York, the secular bishop of Osnaburgh in Prussia, to become "king of the United States."

Alexander Hamilton on June 18 called the British government "the best in the world" and proposed a model strikingly similar. The erudite New Yorker, however, later became one of the most ardent spokesmen for the new Constitution.

Strongly militating against any serious attempt to establish monarchy was the enmity so prevalent in the revolutionary period toward royalty and the privileged classes. Some state constitutions had even prohibited titles of nobility. In the same year as the Philadelphia convention, Royall Tyler, a revolutionary war veteran, in his play The Contract, gave his own jaundiced view of the upper classes:

Exult each patriot heart! this night is shewn A piece, which we may fairly call our own; Where the proud titles of "My Lord!" "Your Grace!" To humble Mr. and plain Sir give place.

Most delegates were well aware that there were too many Royall Tylers in the country, with too many memories of British rule and too many ties to a recent bloody war, to accept a king. As the debate moved into the specifics of the new government, Alexander Hamilton and others of his persuasion would have to accept something less.

By the end of June, debate between the large and small states over the issue of representation in the first chamber of the legislature was becoming increasingly acrimonious. Delegates from Virginia and other large states demanded that voting in Congress be according to population; representatives of smaller states insisted upon the equality they had enjoyed under the articles. With the oratory degenerating into threats and accusations, Benjamin Franklin appealed for daily prayers. Dressed in his customary gray homespun, the aged philosopher pleaded that "the Father of lights . . . illuminate our understandings." Franklin's appeal for prayers was never fulfilled; the convention, as Hugh Williamson noted, had no funds to pay a preacher.

On June 29 the delegates from the small states lost the first battle. The convention approved a resolution establishing population as the basis for representation in the House of Representatives, thus favoring the larger states. On a subsequent small-state proposal that the states have equal representation in the Senate, the vote resulted in a tie. With large-state delegates unwilling to compromise on this issue, one member thought that the convention "was on the verge of dissolution, scarce held together by the strength of an hair."

By July 10 George Washington was so frustrated over the deadlock that he bemoaned "having had any agency" in the proceedings and called the opponents of a strong central government "narrow minded politicians . . . under the influence of local views." Luther Martin of Maryland, perhaps one whom Washington saw as "narrow minded," thought otherwise. A tiger in debate, not content merely to parry an opponent's argument but determined to bludgeon it into eternal rest, Martin had become perhaps the small states' most effective, if irascible, orator. The Marylander leaped eagerly into the battle on the representation issue declaring, "The States have a right to an equality of representation. This is secured to us by our present articles of confederation; we are in possession of this privilege."

The Great Compromise

Also crowding into this complicated and divisive discussion over representation was the North-South division over the method by which slaves were to be counted for purposes of taxation and representation. On July 12 Oliver Ellsworth proposed that representation for the lower house be based on the number of free persons and three-fifths of "all other persons," a euphemism for slaves. In the following week the members finally compromised, agreeing that direct taxation be according to representation and that the representation of the lower house be based on the white inhabitants and three-fifths of the "other people." With this compromise and with the growing realization that such compromise was necessary to avoid a complete breakdown of the convention, the members then approved Senate equality. Roger Sherman had remarked that it was the wish of the delegates "that some general government should be established." With the crisis over representation now settled, it began to look again as if this wish might be fulfilled.

For the next few days the air in the City of Brotherly Love, although insufferably muggy and swarming with blue-bottle flies, had the clean scent of conciliation. In this period of welcome calm, the members decided to appoint a Committee of Detail to draw up a draft constitution. The convention would now at last have something on paper. As Nathaniel Gorham of Massachusetts, John Rutledge, Edmund Randolph, James Wilson, and Oliver Ellsworth went to work, the other delegates voted themselves a much needed 10-day vacation.

During the adjournment, Gouverneur Morris and George Washington rode out along a creek that ran through land that had been part of the Valley Forge encampment 10 years earlier. While Morris cast for trout, Washington pensively looked over the now lush ground where his freezing troops had suffered, at a time when it had seemed as if the American Revolution had reached its end. The country had come a long way.

The First Draft

On Monday August 6, 1787, the convention accepted the first draft of the Constitution. Here was the article-by-article model from which the final document would result some 5 weeks later. As the members began to consider the various sections, the willingness to compromise of the previous days quickly evaporated. The most serious controversy erupted over the question of regulation of commerce. The southern states, exporters of raw materials, rice, indigo, and tobacco, were fearful that a New England-dominated Congress might, through export taxes, severely damage the South's economic life. C. C. Pinckney declared that if Congress had the power to regulate trade, the southern states would be "nothing more than overseers for the Northern States."

On August 21 the debate over the issue of commerce became very closely linked to another explosive issue--slavery. When Martin of Maryland proposed a tax on slave importation, the convention was thrust into a strident discussion of the institution of slavery and its moral and economic relationship to the new government. Rutledge of South Carolina, asserting that slavery had nothing at all to do with morality, declared, "Interest alone is the governing principle with nations." Sherman of Connecticut was for dropping the tender issue altogether before it jeopardized the convention. Mason of Virginia expressed concern over unlimited importation of slaves but later indicated that he also favored federal protection of slave property already held. This nagging issue of possible federal intervention in slave traffic, which Sherman and others feared could irrevocably split northern and southern delegates, was settled by, in Mason's words, "a bargain." Mason later wrote that delegates from South Carolina and Georgia, who most feared federal meddling in the slave trade, made a deal with delegates from the New England states. In exchange for the New Englanders' support for continuing slave importation for 20 years, the southerners accepted a clause that required only a simple majority vote on navigation laws, a crippling blow to southern economic interests.

The bargain was also a crippling blow to those working to abolish slavery. Congregationalist minister and abolitionist Samuel Hopkins of Connecticut charged that the convention had sold out: "How does it appear . . . that these States, who have been fighting for liberty and consider themselves as the highest and most noble example of zeal for it, cannot agree in any political Constitution, unless it indulge and authorize them to enslave their fellow men . . . Ah! these unclean spirits, like frogs, they, like the Furies of the poets are spreading discord, and exciting men to contention and war." Hopkins considered the Constitution a document fit for the flames.

On August 31 a weary George Mason, who had 3 months earlier written so expectantly to his son about the "great Business now before us," bitterly exclaimed that he "would sooner chop off his right hand than put it to the Constitution as it now stands." Mason despaired that the convention was rushing to saddle the country with an ill-advised, potentially ruinous central authority.  He was concerned that a "bill of rights," ensuring individual liberties, had not been made part of the Constitution. Mason called for a new convention to reconsider the whole question of the formation of a new government. Although Mason's motion was overwhelmingly voted down, opponents of the Constitution did not abandon the idea of a new convention. It was futilely suggested again and again for over 2 years.

One of the last major unresolved problems was the method of electing the executive. A number of proposals, including direct election by the people, by state legislatures, by state governors, and by the national legislature, were considered. The result was the electoral college, a master stroke of compromise, quaint and curious but politically expedient. The large states got proportional strength in the number of delegates, the state legislatures got the right of selecting delegates, and the House the right to choose the president in the event no candidate received a majority of electoral votes. Mason later predicted that the House would probably choose the president 19 times out of 20.

In the early days of September, with the exhausted delegates anxious to return home, compromise came easily. On September 8 the convention was ready to turn the Constitution over to a Committee of Style and Arrangement. Gouverneur Morris was the chief architect. Years later he wrote to Timothy Pickering: "That Instrument was written by the Fingers which wrote this letter." The Constitution was presented to the convention on September 12, and the delegates methodically began to consider each section. Although close votes followed on several articles, it was clear that the grueling work of the convention in the historic summer of 1787 was reaching its end.

Before the final vote on the Constitution on September 15, Edmund Randolph proposed that amendments be made by the state conventions and then turned over to another general convention for consideration. He was joined by George Mason and Elbridge Gerry. The three lonely allies were soundly rebuffed. Late in the afternoon the roll of the states was called on the Constitution, and from every delegation the word was "Aye."

On September 17 the members met for the last time, and the venerable Franklin had written a speech that was delivered by his colleague James Wilson. Appealing for unity behind the Constitution, Franklin declared, "I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats." With Mason, Gerry, and Randolph withstanding appeals to attach their signatures, the other delegates in the hall formally signed the Constitution, and the convention adjourned at 4 o'clock in the afternoon.

Weary from weeks of intense pressure but generally satisfied with their work, the delegates shared a farewell dinner at City Tavern. Two blocks away on Market Street, printers John Dunlap and David Claypoole worked into the night on the final imprint of the six-page Constitution, copies of which would leave Philadelphia on the morning stage. The debate over the nation's form of government was now set for the larger arena.

As the members of the convention returned home in the following days, Alexander Hamilton privately assessed the chances of the Constitution for ratification. In its favor were the support of Washington, commercial interests, men of property, creditors, and the belief among many Americans that the Articles of Confederation were inadequate. Against it were the opposition of a few influential men in the convention and state politicians fearful of losing power, the general revulsion against taxation, the suspicion that a centralized government would be insensitive to local interests, and the fear among debtors that a new government would "restrain the means of cheating Creditors."

The Federalists and the Anti-Federalists

Because of its size, wealth, and influence and because it was the first state to call a ratifying convention, Pennsylvania was the focus of national attention. The positions of the Federalists, those who supported the Constitution, and the anti-Federalists, those who opposed it, were printed and reprinted by scores of newspapers across the country. And passions in the state were most warm. When the Federalist-dominated Pennsylvania assembly lacked a quorum on September 29 to call a state ratifying convention, a Philadelphia mob, in order to provide the necessary numbers, dragged two anti-Federalist members from their lodgings through the streets to the State House where the bedraggled representatives were forced to stay while the assembly voted. It was a curious example of participatory democracy.

On October 5 anti-Federalist Samuel Bryan published the first of his "Centinel" essays in Philadelphia's Independent Gazetteer. Republished in newspapers in various states, the essays assailed the sweeping power of the central government, the usurpation of state sovereignty, and the absence of a bill of rights guaranteeing individual liberties such as freedom of speech and freedom of religion. "The United States are to be melted down," Bryan declared, into a despotic empire dominated by "well-born" aristocrats. Bryan was echoing the fear of many anti-Federalists that the new government would become one controlled by the wealthy established families and the culturally refined. The common working people, Bryan believed, were in danger of being subjugated to the will of an all-powerful authority remote and inaccessible to the people. It was this kind of authority, he believed, that Americans had fought a war against only a few years earlier.

The next day James Wilson, delivering a stirring defense of the Constitution to a large crowd gathered in the yard of the State House, praised the new government as the best "which has ever been offered to the world." The Scotsman's view prevailed. Led by Wilson, Federalists dominated in the Pennsylvania convention, carrying the vote on December 12 by a healthy 46 to 23.

The vote for ratification in Pennsylvania did not end the rancor and bitterness. Franklin declared that scurrilous articles in the press were giving the impression that Pennsylvania was "peopled by a set of the most unprincipled, wicked, rascally and quarrelsome scoundrels upon the face of the globe." And in Carlisle, on December 26, anti-Federalist rioters broke up a Federalist celebration and hung Wilson and the Federalist chief justice of Pennsylvania, Thomas McKean, in effigy; put the torch to a copy of the Constitution; and busted a few Federalist heads.

In New York the Constitution was under siege in the press by a series of essays signed "Cato." Mounting a counterattack, Alexander Hamilton and John Jay enlisted help from Madison and, in late 1787, they published the first of a series of essays now known as the Federalist Papers. The 85 essays, most of which were penned by Hamilton himself, probed the weaknesses of the Articles of Confederation and the need for an energetic national government. Thomas Jefferson later called the Federalist Papers the "best commentary on the principles of government ever written."

Against this kind of Federalist leadership and determination, the opposition in most states was disorganized and generally inert. The leading spokesmen were largely state-centered men with regional and local interests and loyalties. Madison wrote of the Massachusetts anti-Federalists, "There was not a single character capable of uniting their wills or directing their measures. . . . They had no plan whatever." The anti-Federalists attacked wildly on several fronts: the lack of a bill of rights, discrimination against southern states in navigation legislation, direct taxation, the loss of state sovereignty. Many charged that the Constitution represented the work of aristocratic politicians bent on protecting their own class interests. At the Massachusetts convention one delegate declared, "These lawyers, and men of learning and moneyed men, that . . . make us poor illiterate people swallow down the pill . . . they will swallow up all us little folks like the great Leviathan; yes, just as the whale swallowed up Jonah!" Some newspaper articles, presumably written by anti-Federalists, resorted to fanciful predictions of the horrors that might emerge under the new Constitution pagans and deists could control the government; the use of Inquisition-like torture could be instituted as punishment for federal crimes; even the pope could be elected president.

One anti-Federalist argument gave opponents some genuine difficulty--the claim that the territory of the 13 states was too extensive for a representative government. In a republic embracing a large area, anti-Federalists argued, government would be impersonal, unrepresentative, dominated by men of wealth, and oppressive of the poor and working classes. Had not the illustrious Montesquieu himself ridiculed the notion that an extensive territory composed of varying climates and people, could be a single republican state? James Madison, always ready with the Federalist volley, turned the argument completely around and insisted that the vastness of the country would itself be a strong argument in favor of a republic. Claiming that a large republic would counterbalance various political interest groups vying for power, Madison wrote, "The smaller the society the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party and the more easily will they concert and execute their plans of oppression." Extend the size of the republic, Madison argued, and the country would be less vulnerable to separate factions within it.

Ratification

By January 9, 1788, five states of the nine necessary for ratification had approved the Constitution--Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut. But the eventual outcome remained uncertain in pivotal states such as Massachusetts, New York, and Virginia. On February 6, withFederalists agreeing to recommend a list of amendments amounting to a bill of rights, Massachusetts ratified by a vote of 187 to 168. The revolutionary leader, John Hancock, elected to preside over the Massachusetts ratifying convention but unable to make up his mind on the Constitution, took to his bed with a convenient case of gout. Later seduced by the Federalists with visions of the vice presidency and possibly the presidency, Hancock, whom Madison noted as "an idolater of popularity," suddenly experienced a miraculous cure and delivered a critical block of votes. Although Massachusetts was now safely in the Federalist column, the recommendation of a bill of rights was a significant victory for the anti-Federalists. Six of the remaining states later appended similar recommendations.

When the New Hampshire convention was adjourned by Federalists who sensed imminent defeat and when Rhode Island on March 24 turned down the Constitution in a popular referendum by an overwhelming vote of 10 to 1, Federalist leaders were apprehensive. Looking ahead to the Maryland convention, Madison wrote to Washington, "The difference between even a postponement and adoption in Maryland may . . . possibly give a fatal advantage to that which opposes the constitution." Madison had little reason to worry. The final vote on April 28 63 for, 11 against. In Baltimore, a huge parade celebrating the Federalist victory rolled through the downtown streets, highlighted by a 15-foot float called "Ship Federalist." The symbolically seaworthy craft was later launched in the waters off Baltimore and sailed down the Potomac to Mount Vernon.

On July 2, 1788, the Confederation Congress, meeting in New York, received word that a reconvened New Hampshire ratifying convention had approved the Constitution. With South Carolina's acceptance of the Constitution in May, New Hampshire thus became the ninth state to ratify. The Congress appointed a committee "for putting the said Constitution into operation."

In the next 2 months, thanks largely to the efforts of Madison and Hamilton in their own states, Virginia and New York both ratified while adding their own amendments. The margin for the Federalists in both states, however, was extremely close. Hamilton figured that the majority of the people in New York actually opposed the Constitution, and it is probable that a majority of people in the entire country opposed it. Only the promise of amendments had ensured a Federalist victory.

The Bill of Rights

The call for a bill of rights had been the anti-Federalists' most powerful weapon. Attacking the proposed Constitution for its vagueness and lack of specific protection against tyranny, Patrick Henry asked the Virginia convention, "What can avail your specious, imaginary balances, your rope-dancing, chain-rattling, ridiculous ideal checks and contrivances." The anti-Federalists, demanding a more concise, unequivocal Constitution, one that laid out for all to see the right of the people and limitations of the power of government, claimed that the brevity of the document only revealed its inferior nature. Richard Henry Lee despaired at the lack of provisions to protect "those essential rights of mankind without which liberty cannot exist." Trading the old government for the new without such a bill of rights, Lee argued, would be trading Scylla for Charybdis.

A bill of rights had been barely mentioned in the Philadelphia convention, most delegates holding that the fundamental rights of individuals had been secured in the state constitutions. James Wilson maintained that a bill of rights was superfluous because all power not expressly delegated to thenew government was reserved to the people. It was clear, however, that in this argument the anti-Federalists held the upper hand. Even Thomas Jefferson, generally in favor of the new government, wrote to Madison that a bill of rights was "what the people are entitled to against every government on earth."

By the fall of 1788 Madison had been convinced that not only was a bill of rights necessary to ensure acceptance of the Constitution but that it would have positive effects. He wrote, on October 17, that such "fundamental maxims of free Government" would be "a good ground for an appeal to the sense of community" against potential oppression and would "counteract the impulses of interest and passion."

Madison's support of the bill of rights was of critical significance. One of the new representatives from Virginia to the First Federal Congress, as established by the new Constitution, he worked tirelessly to persuade the House to enact amendments. Defusing the anti-Federalists' objections to the Constitution, Madison was able to shepherd through 17 amendments in the early months of the Congress, a list that was later trimmed to 12 in the Senate. On October 2, 1789, President Washington sent to each of the states a copy of the 12 amendments adopted by the Congress in September. By December 15, 1791, three-fourths of the states had ratified the 10 amendments now so familiar to Americans as the "Bill of Rights."

Benjamin Franklin told a French correspondent in 1788 that the formation of the new government had been like a game of dice, with many players of diverse prejudices and interests unable to make any uncontested moves. Madison wrote to Jefferson that the welding of these clashing interests was "a task more difficult than can be well conceived by those who were not concerned in the execution of it." When the delegates left Philadelphia after the convention, few, if any, were convinced that the Constitution they had approved outlined the ideal form of government for the country. But late in his life James Madison scrawled out another letter, one never addressed. In it he declared that no government can be perfect, and "that which is the least imperfect is therefore the best government."

The Document Enshrined

The fate of the United States Constitution after its signing on September 17, 1787, can be contrasted sharply to the travels and physical abuse of America's other great parchment, the Declaration of Independence . As the Continental Congress, during the years of the revolutionary war, scurried from town to town, the rolled-up Declaration was carried along. After the formation of the new government under the Constitution, the one-page Declaration, eminently suited for display purposes, graced the walls of various government buildings in Washington, exposing it to prolonged damaging sunlight. It was also subjected to the work of early calligraphers responding to a demand for reproductions of the revered document. As any visitor to the National Archives can readily observe, the early treatment of the now barely legible Declaration took a disastrous toll. The Constitution, in excellent physical condition after more than 200 years, has enjoyed a more serene existence. By 1796 the Constitution was in the custody of the Department of State along with the Declaration and traveled with the federal government from New York to Philadelphia to Washington. Both documents were secretly moved to Leesburg, VA, before the imminent attack by the British on Washington in 1814. Following the war, the Constitution remained in the State Department while the Declaration continued its travels--to the Patent Office Building from 1841 to 1876, to Independence Hall in Philadelphia during the Centennial celebration, and back to Washington in 1877. On September 29, 1921, President Warren Harding issued an Executive order transferring the Constitution and the Declaration to the Library of Congress for preservation and exhibition. The next day Librarian of Congress Herbert Putnam, acting on authority of Secretary of State Charles Evans Hughes, carried the Constitution and the Declaration in a Model-T Ford truck to the library and placed them in his office safe until an appropriate exhibit area could be constructed. The documents were officially put on display at a ceremony in the library on February 28, 1924. On February 20, 1933, at the laying of the cornerstone of the future National Archives Building, President Herbert Hoover remarked, "There will be aggregated here the most sacred documents of our history--the originals of the Declaration of Independence and of the Constitution of the United States." The two documents however, were not immediately transferred to the Archives. During World War II both were moved from the library to Fort Knox for protection and returned to the library in 1944. It was not until successful negotiations were completed between Librarian of Congress Luther Evans and Archivist of the United States Wayne Grover that the transfer to the National Archives was finally accomplished by special direction of the Joint Congressional Committee on the Library.

On December 13, 1952, the Constitution and the Declaration were placed in helium-filled cases, enclosed in wooden crates, laid on mattresses in an armored Marine Corps personnel carrier, and escorted by ceremonial troops, two tanks, and four servicemen carrying submachine guns down Pennsylvania and Constitution avenues to the National Archives. Two days later, President Harry Truman declared at a formal ceremony in the Archives Exhibition Hall.

"We are engaged here today in a symbolic act. We are enshrining these documents for future ages. This magnificent hall has been constructed to exhibit them, and the vault beneath, that we have built to protect them, is as safe from destruction as anything that the wit of modern man can devise. All this is an honorable effort, based upon reverence for the great past, and our generation can take just pride in it."

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Historyplex

Articles of Confederation Vs. Constitution: All You Need to Know

If you sit to compare the Articles of Confederation and the Constitution, you will realize that even though they were drafted by the same people and that too within a span of just over a decade, there exist quite a few differences in them.

Shortest Constitution

With 4,400 words, the US Constitution is the shortest written constitution in the world. In contrast, the Constitution of India, which is the longest, has 117,369 words.

The Articles of Confederation, which was considered the first constitution of the United States of America, and the US Constitution, which acts as the supreme law in the United States today, both are poles apart. In fact, it was only because of the weaknesses of the Articles that the present-day US Constitution was drafted.

The Articles of Confederation or Articles was a written agreement which laid the guidelines for the functioning of the national government. It was drafted by the Continental Congress and sent to the thirteen original states for ratification in November 1777. The ratification process was important, as without it the document did not come into effect. On February 2, 1781, Maryland became the last state to ratify it, following which it was ratified by the Congress on March 1, 1781.

Within a few years of its ratification, the Articles was subjected to severe criticism by the Founding Fathers of the United States. Problems with the document existed in plenty; the biggest issue being the fact that it left the national government at the mercy of states. Eventually, it was decided that this agreement had to be revised to suit the needs of the nation as a whole. In May 1787, delegates from the thirteen states met in Philadelphia to revise the same.

The impressive list of delegates at the Philadelphia Convention of 1787 featured prominent names of the American history, such as James Madison, George Washington, William Pierce, and Benjamin Franklin. During the convention, these delegates came to the conclusion that it was better to draft an entirely new constitution instead of revising the existing agreement, and thus came into existence the new US Constitution.

Articles of Confederation Vs. the US Constitution

The Articles was subjected to severe criticism as it centralized all the powers in the hands of state governments and left the national government at their mercy. That, however, was not the only point of distinction between these documents. The two differed in several contexts, including the number of votes in the Congress and the need of judiciary.

Legislature

While the Articles of Confederation had a unicameral system of governance in place in the form of the Congress, the US Constitution introduced the bicameral system, dividing the United States Congress into the Senate (upper house) and the House of Representatives (lower house).

Voting in Congress

The Articles had a provision of one vote for every single state irrespective of its size. In contrast, the US Constitution introduced the system wherein every representative or senator was given one vote.

Executive Branch

The new Constitution also made provision for establishing the executive branch of the government, something which the Articles of Confederation didn’t facilitate. Thereby, the executive, i.e., the President, was chosen by an electoral college.

When the Articles was the law of the land, federal courts were not in picture and all laws were enforced by state courts. The Constitution changed this by putting a federal court system in place, which was assigned the task of resolving disputes between the citizens as well as the states. So, the disputes between states were resolved by the Supreme Court instead of the Congress, which was given similar power by the Articles of Confederation.

Drafting Laws

When the Articles was the supreme law, the national government needed approval from nine of the thirteen states to pass new laws. This changed with the ratification of the new Constitution, wherein approval of more than half of the total nominees of the states was enough to pass new laws.

In order to amend the Articles, the national government needed unanimous approval from all the thirteen states. In the case of the US Constitution, an amendment requires the approval of ⅔ of both the houses and ¾ of state legislatures. Of the 27 amendments to the US Constitution, the first 10 amendments―collectively known as the Bill of Rights―were adopted to pacify the Anti-Federalists who had some reservations about the new Constitution.

Armed Forces

The Articles of Confederation allowed states to have their own army. However, the national government was dependent on states if it was to raise an army. In contrast, the Constitution gave the federal government the right to raise an army to deal with conflict situations.

Trade and Commerce

While the Articles didn’t allow any interference on the part of the national government in trade and commerce, the US Constitution gave the federal government the right to regulate the same at the international as well as the inter-state level, i.e., between the states.

One of the biggest problems with the Articles of Confederation was that it did not allow the national government to levy taxes on citizens, thus putting it at the mercy of states. The Constitution rectified the loophole, allowing both, the federal government and state governments to levy and collect taxes.

The Articles of Confederation also gave Canada, which was then under the British, the opportunity to join the Union as a fully sovereign state by declaring its independence and agreeing to the terms of the Articles. The Constitution, however, didn’t pursue the neighbor. Interestingly, the invitation to Canada was open until the ratification of the new Constitution.

The US Constitution was drafted as the Articles of Confederation, which preceded it, didn’t live up to the expectations. While the states were happy with the Articles, as it put them in command with the national government having no enforcing authority whatsoever, it resulted in chaos, with each state coming up with its own laws. A strong push was required to bring the state of the affairs back on the track and that came with the US Constitution, which has definitely lived up to the expectations.

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The Articles of Confederation

Agreed to by Congress November 15, 1777; ratified and in force, March 1, 1781.

To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.

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 New Hampshire, Massachusetts-bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, in the words following, viz:

Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts-bay, Rhode Island 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 defense, 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 pretense whatever.

Article IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any State, on the property of the united States, or either of them.

If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the united States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense.

Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.

Article V. For the most convenient management of the general interests of the united States, delegates shall be annually appointed in such manner as the legislatures 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 more than seven members; and no person shall be capable of being a 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.

Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace.

Article VI. No State, without the consent of the united States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King, Prince or State; nor shall any person holding any office of profit or trust under the united States, or any of them, accept any present, emolument, office or title of any kind whatever from any King, Prince or foreign State; nor shall the United States in congress assembled, or any of them, grant any title of nobility.

No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united States in congress assembled, with any King, Prince or State, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.

No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the united States in congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the united States, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.

No State shall engage in any war without the consent of the united States in congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the united States in congress assembled can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united States in congress assembled, and then only against the kingdom or State and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united States in congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united States in congress assembled shall determine otherwise.

Article VII. When land forces are raised by any State for the common defense, all officers of or under the rank of colonel, shall be appointed by the legislature of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment.

Article VIII. All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the united States in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States in proportion to the value of all land within each State, granted or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united States in congress assembled, shall from time to time direct and appoint.

The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the united States in congress assembled.

Article IX. The united States in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article — 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 — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated — of granting letters of marque and reprisal in times of peace — appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.

The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgement and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgement, which shall in like manner be final and decisive, the judgement or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgement, shall take an oath to be administered by one of the judges of the supreme or superior court of the State, where the cause shall be tried, ‘well and truly to hear and determine the matter in question, according to the best of his judgement, without favor, affection or hope of reward’: provided also, that no State shall be deprived of territory for the benefit of the United States.

All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdictions as they may respect such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different States.

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 standards 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 or 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 members 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; which requisition shall be binding, and thereupon the legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a solid- like manner, at the expense of the United States; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. But if the United States in Congress assembled shall, on consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the united States in congress assembled.

The united States in congress assembled shall never engage in a war, nor grant letters of marque or 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 defense 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 the majority of the united States in congress assembled.

The congress of the united States shall have power to adjourn to any time within the year, and to any place within the united States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgement require secrecy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several States.

Article X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united States in congress assembled, by the consent of the nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said Committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled be requisite.

Article XI. Canada acceding to this confederation, and adjoining in the measures of the united States, shall be admitted into, and entitled to all the advantages of this union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine States.

Article XII. All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of congress, before the assembling of the united States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said united States, and the public faith are hereby solemnly pledged.

Article XIII. Every State shall abide by the determination 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 confirmed by the legislatures of every State.

And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united States in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the States we respectively represent, and that the union shall be perpetual.

In Witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of Pennsylvania the ninth Day of July in the Year of our Lord one thousand seven Hundred and Seventy-eight, and in the Third Year of the independence of America.

On the part and behalf of the State of New Hampshire: Josiah Bartlett John Wentworth Junr. August 8th 1778

On the part and behalf of The State of Massachusetts Bay: John Hancock Samuel Adams Elbridge Gerry Francis Dana James Lovell Samuel Holten

On the part and behalf of the State of Rhode Island and Providence Plantations: William Ellery Henry Marchant John Collins

On the part and behalf of the State of Connecticut: Roger Sherman Samuel Huntington Oliver Wolcott Titus Hosmer Andrew Adams

On the Part and Behalf of the State of New York: James Duane Francis Lewis Wm Duer Gouv Morris

On the Part and in Behalf of the State of New Jersey, November 26, 1778. Jno Witherspoon Nath. Scudder

On the part and behalf of the State of Pennsylvania: Robt Morris Daniel Roberdeau John Bayard Smith William Clingan Joseph Reed 22nd July 1778

On the part and behalf of the State of Delaware: Tho Mckean February 12, 1779 John Dickinson May 5th 1779 Nicholas Van Dyke

On the part and behalf of the State of Maryland: John Hanson March 1 1781 Daniel Carroll

On the Part and Behalf of the State of Virginia: Richard Henry Lee John Banister Thomas Adams Jno Harvie Francis Lightfoot Lee

On the part and Behalf of the State of No Carolina: John Penn July 21st 1778 Corns Harnett Jno Williams

On the part and behalf of the State of South Carolina: Henry Laurens William Henry Drayton Jno Mathews Richd Hutson Thos Heyward Junr

On the part and behalf of the State of Georgia: Jno Walton 24th July 1778 Edwd Telfair Edwd Langworthy