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The Article of Confederation
The Articles of Confederation was the Constitution of the United States from 1781
through 1788. This constitution was a written plan of government, which included a
Preamble and thirteen articles or main parts.
Origins and Purposes of the Article of Confederation
Thirteen American states, which had been British colonies, declared their
independence in 1776. The temporary government of these thirteen United States of
America was the Second Continental Congress.
The First Continental Congress was formed in 1774 by representatives from each
of the thirteen colonies in order to register formal protest against the British government.
The Second Continental Congress convened in May of 1775, after the out break of
fighting between Americans and British. This group of representatives from each colony
issued the Declaration of Independence in 1776. The Second Continental Congress also
conducted the War for Independence.
In 1777 the Continental Congress appointed a committee to draft a plan for
government of the thirteen United States of America. The committee, headed by John
Dickinson, wrote the Articles of Confederation. These Articles became the first
constitution of the United States in March of 1781, Maryland became the last of the
thirteen states to ratify or approve them.
The Articles of Confederation set terms of union between the thirteen American
states. The Preamble said that the thirteen states “agree to certain articles of
confederation and perpetual union.”
The Preamble indicated that the confederation established by these Articles was to
be a union of equal states, which would last forever. The union was established to
increase the power of each state to guard against attacks by foreign powers. It seemed to
be primarily an alliance of thirteen separate states for the purpose of defense against
outsiders rather than a fusion of these states to from a new nation.
Leaders of the thirteen states seemed unwilling to grant very much power to a
central government. Memories of the recent rebellion against the British government
were to strong. They feared the creation of a powerful new central government, which
might infringe upon their civil liberties and rights.
Main Features of Government Under the Articles of Confederation
Article I says that the name of the confederation “shall be the United States of America.”
Article II is a strong statement of states rights. It says “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 assemble.”
This means that the central government could have only those powers listed
exactly in the Articles of Confederation. All other powers of government were to be long
to the states. State sovereignty was to be retained: this meant that each state would have
power to govern affairs within its territory without interference from the central
government.
Article III declares that the Confederation is a “firm league of friendship” to provide for
a common defense and general welfare of the states belonging to it.
Article IV required each state to recognize and respect judicial proceedings and public
records of the other states in the Confederation. It also provided for unrestricted travel in
the states of the Confederation by people of each state.
Article V established a Congress as the basic part of the central government. Each state
was free to decide how to select it representatives to Congress. The term of office was
one year. Each state paid its own delegates. However, regardless of the size of a state’s
delegation, each state had only one vote in the Congress. Thus, a smaller state like
Delaware was equal in voting power to a larger state like Pennsylvania.
Article VI included several limitations upon the states. For example, no state was
permitted ---- “without the consent of the United States in Congress Assembled” --- to:
Exchange ambassadors with other nations;
Make treaties or alliance with other states or nations;
Impose taxes on imports that would violate treaties made by the “United States in
Congress Assembled” and a foreign power;
Maintain vessels of war;
Go to war.
Each state was to “always keep a well regulated and disciplined militia, sufficiently
armed and accoutered…..
Article VII set forth rules for the appointment of military officers and the raising of
armed forces within the states. It says: “When the 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 force 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 provide that costs of war or other expenses having to do with the “general
welfare, and allowed by the United States un Congress Assembled” should be paid out of
a “common treasury” that was to be paid by the people of each state. However, there was
no way to force the states to provide money for the “common treasury.”
Article IX specified the “sole and exclusive” power of Congress. It said that Congress
alone could have certain powers and no others. Other power if government were to be
exercised by each state within the state’s boundaries. Congress only had power to:
declare war and make peace;
exchange ambassadors with foreign powers;
make treaties and alliances with foreign powers;
arbitrate certain kinds of disputes between two or more state;
regulate the value of money;
borrow money;
establish a postal system;
manage relationships with Indian tribes;
regulate weights and measures;
maintain a navy and military troops requested from the states;
appoint executive committee or departments to manage the affairs of congress.
(Departments of War, Finance and Foreign Affairs were established; so was the office of
Post Master General to manage the postal service.)
appoint one member of Congress to serve as a President, or presiding officer, at the
meetings of Congress. (This person could serve for a term of one year and had power to
only manage the meetings of Congress.)
These few powers granted to Congress were further limited by the provision that certain
important powers could be carried out only after approved by nine of the thirteen states.
Other actions required only a majority vote (seven) of the thirteen states.
According to Article IX:
The United States in Congress Assembled shall never engage in a war, nor grant letters of
marque and 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 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 nay 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 a majority of the United States in Congress
Assembled.
Article X provided for a “Committee of the States” to carry out the powers of Congress
whenever the Congress was not in session. The “Committee of the States” consisted of
one delegate from each state. The “Committee of the States” could take actions only with
the approval of nine states.
Article XI said that Canada could join the Confederation on equal terms with other
states. No other colony could join the Confederation “unless such admission be agreed to
by nine states.”
Article XII pledged that the United States would take responsibility for the debts of the
Continental Congress, which were incurred before establishment of the Confederation.
Article XIII required every state to obey the decisions of Congress “on all questions
which by this confederation are submitted to them.”