Download U.S. Constitution vs. Articles of Confederation

U.S. History & Government
Constitutional Packet
The Beginning of the U.S. Government
One of the dates burned into the minds of Americans is July 4, 1776. This is the date that the Declaration of
Independence was signed by the members of the Second Continental Congress. Less well known, but no less
important, is the date of signing of the Constitution on September 17, 1787. The Constitution established the
government we are familiar with today. But there was a government in the intervening years.
The creation of the Articles of Confederation was the first attempt at establishing a national government in the
New World. It was not entirely successful, which is why the Constitution was established. But it did serve the
nation for a decade. So, what are the Articles, what kind of government did they establish, and what was so
wrong with them that they had to be replaced? Here’s a review of history to help:
The First Continental Congress was held from September 5 through October 26, 1774, in response to
the Intolerable Acts of the King of England, George III. Each of the American colonies except Georgia
sent delegates. The delegates created an Association to oppose the British and to boycott British
imports. They also adopted resolutions, called the Declaration of Rights and Grievances, outlining the
rights of the people and colonies, and agreed to call another Congress if the King did not address their
issues to their satisfaction.
The Second Continental Congress convened on May 10, 1775. They were an angry. The British
Parliament had rejected the Declaration sent by the First Congress, and the so-called "shot heard
'round the world" had been fired in Lexington and Concord, Massachusetts the April before.
The Second Congress established an armed force, commanded by Virginian George Washington; it
established trade regulations; and it authorized the issuance of money. It established ambassadors to
be sent to other nations to gain support, and urged the colonies to set up organized local governments.
It also tried to reconcile with Britain, but when the King sent Hessian mercenaries to the colonies, it
was clear the independence was the only solution.
The Second Congress signed the Declaration of Independence in July 1776, and adjourned on
December 12, 1776. The Articles were first proposed by a committee of the Second Congress, a
committee headed by
John Dickinson, on July 12, 1776.
The Third Continental Congress got underway almost immediately following, on December 20, 1776.
This Congress prosecuted the war, and also modified and finalized the Articles of Confederation. On
November 15, 1777, the Articles were proposed to the colonies. The Articles originally proposed by
Dickinson and his committee were greatly changed before being passed on to the colonies. Originally,
for example, the Articles called for a strong central government, a feature the Articles as ratified
definitely lacked. The Articles formally changed the designation of the colonies to States.
Because of the war, and disagreements between the colonies, it took three-and-a-half years to get final
ratification of the Articles, which had to be ratified by each and every state.
Final ratification came on March 1, 1781.
The War ended two years later, in April 1783.
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U.S. History & Government
Constitutional Packet
Articles of Confederation
The Articles created a Confederation, called the United States of America. In a confederation, the individual political units,
States in this case, maintain their sovereignty (in other words, each is its own nation), but they join together in a coordinated
way to deal with certain issues, such as security. This independence of each political unit is seen as both the main advantage
and main disadvantage of a confederation.
Article 1 formally named the confederation.
Article 2 ensures that each state is a free and sovereign state, and establishes that any power not granted the federal
government is reserved for the States.
Article 3 establishes a common defense pact, much like present-day NATO.
Article 4 ensures that the citizens of each state are to be treated as a citizen of any state they are visiting; there is to be free
travel between states; that no special taxes be levied on the sales of goods to a citizen of another state; established extradition
between the states; and established that the decisions of each states' courts would be recognized by all other states.
Article 5 established a Congress. Each state would send between two and seven delegates, and established a three-year term
limit for delegates. The delegates from each state had to vote as a block (i.e., one vote per state, regardless of the number of
delegates).
Article 6 sets out those powers not available to the states. For example, states shall not have embassies or receive ambassadors;
no treaties between states; no standing navies may be leapt (except as needed for defense or to protect shipping); and no
standing armies, with the same exception; militias are to be kept up, including sufficient stores of materiel; no state may go to
war unless attacked.
Article 7 ensures that all officers in the militia placed in national service, at or above the rank of colonel will be appointed by the
state.
Article 8 stipulates that a common treasury will be maintained for the upkeep of a military. Said treasury is to be stocked by
payments made by the states, the amount of which will be in proportion to the value of all land and property in the state. Said
taxes may be raised by the states in any way they so choose.
Article 9 details the powers of Congress. To make and wage war; to appoint ambassadors; to enter into treaties; to establish
maritime courts. The Congress had final authority to settle border disputes between states, or any other inter-state dispute. A
complicated method for selecting a panel of judges to hear such disputes is laid forth. The Congress could set the value of coin,
but was not able to strike it. It could regulate trade with Indian tribes, and could set post offices and charge postage. It could
appoint officers to the army and navy, and set the rules for those forces.
A committee, called the Committee of the States, was built to sit whenever the full Congress was in recess, with one delegate
from each state. A President of the Congress was to be chosen, to run the debates (with a one-year term). It could borrow and
raise money, with a full accounting of all such monies sent to the states every half-year. Affirmative votes of nine states were
required for most Congressional action, including the borrowing of money, the start of war, raise taxes, etc.
Article 10 is a bit complicated - grants the Committee of States the same power as the full Congress to decide those issues
Congress has said the Committee could decide; no power not delegated to the Committee can be decided by the Committee, but
that no decision requiring the affirmation of nine states may be decided by the Committee.
Article 11 invites Canada to join the United States and provides for other states to be admitted.
Article 12 commits the United States to pay all debts incurred by the colonies prior to the establishment of the Articles.
Article 13 establishes the Articles as the supreme law of the land, and provides for amendment upon ratification of changes by
all member states.
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U.S. History & Government
Constitutional Packet
The Articles had several things wrong with them. Some are readily apparent, and some took a while to come
to bear. The first thing was the specific number, nine, mentioned in several places, as a minimum required to
agree to things like the declaration of war or the admission of new states. If a new state were added, that
"nine" would no longer be the two-thirds it was intended to be, and to correct each instance would require the
assent of all 13, 14, or however number of states. That is another apparent miscalculation - the requirement
that all changes to the Articles must be unanimous. Several attempts to change the Articles prior to the
adoption of the Constitution had been held up by one state's refusal to ratify.
The United States had no independent power of taxation, relying on the good faith of the states to pay bills
sent to them for the maintenance of the national treasury. In several instances, such notices were ignored,
and since the national government had no power of enforcement, there was little that could be done about
the defaults.
The new nation was unable to repel the encroachments of the British on the borders set by the Treaty of Paris,
because the states would not pay the requested taxes. The Spanish similarly encroached unfettered on the
southern borders of the United States.
The United States also had no power to regulate commerce between and among the states, leading to bitter
tariff wars between them. This type of in fighting did not help alleviate the economic depression that set in
after the war ended.
In January 1786, Virginia called for a meeting of the states at Annapolis to discuss the modification of the
Articles. Only five states sent delegates. Disappointed, those who did assemble called for another meeting the
following May. In the meantime, a popular uprising in Massachusetts, lead by bankrupt farmer Daniel Shays,
had started, and the United States found it had little power to put down the uprising. For six months, Shays
and his rebels terrorized the Massachusetts countryside. His forces were finally broken up when they marched
on a federal weapons depot.
The slow reaction of U.S. forces lead to Congress's endorsement of the May convention suggested earlier. The
result of that convention was the U.S. Constitution.
The following is a list of those men who were elected President of Congress while the United States operated
under the Articles:
John Hanson
Elias Boudinot
Thomas Mifflin
Richard Henry Lee
John Hancock
Nathaniel Gorham
Arthur St. Clair
Cyrus Griffin
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(Nov 5 1781 - Nov 3 1782)
(Nov 4 1782 - Nov 2 1783)
(Nov 3 1783 - Nov 29 1784)
(Nov 30 1784 - Nov 22 1785)
(Nov 23 1785 - Jun 5 1786)
(Jun 6 1786 - Feb 1 1787)
(Feb 2 1787 - Jan 21 1788)
(Jan 22 1788 - Apr 30 1789)
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U.S. History & Government
Constitutional Packet
Articles of Confederation and U.S. Constitution
Comparisons/Contrasts
Formal name of the nation
Articles: The United States of America
Constitution: (not specified, but referred to in the Preamble as "the United States of America")
Legislature
Articles: Unicameral, called Congress
Constitution: Bicameral, called Congress, divided into the House of Representatives and the Senate
Members of Congress
Articles: Between two and seven members per state
Constitution: Two Senators per state, Representatives apportioned according to population of each
state
Voting in Congress
Articles: One vote per state
Constitution: One vote per Representative or Senator
Appointment of members
Articles: All appointed by state legislatures, in the manner each legislature directed
Constitution: Representatives elected by popular vote, Senators appointed by state legislatures
Term of legislative office
Articles: One year
Constitution: Two years for Representatives, six for Senators
Term limit for legislative office
Articles: No more than three out of every six years
Constitution: None
Congressional Pay
Articles: Paid by states
Constitution: Paid by the federal government
When Congress is not in session...
Articles: A Committee of States had the full powers of Congress
Constitution: The President can call for Congress to assemble
Chair of legislature
Articles: President of Congress
Constitution: Speaker of the House of Representatives, Vice President is President of the Senate
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U.S. History & Government
Constitutional Packet
Articles of Confederation and U.S. Constitution
Comparisons/Contrasts
Continued
Executive
Articles: None
Constitution: President
National Judiciary
Articles: Maritime judiciary established
Constitution: Federal judiciary established, including Supreme Court
Adjudicator of disputes between states
Articles: Congress
Constitution: Supreme Court
New States
Articles: Admitted upon agreement of nine states (special exemption provided for Canada)
Constitution: Admitted upon agreement of Congress
Amendment
Articles: When agreed upon by all states
Constitution: When agreed upon by three-fourths of all states
Navy
Articles: Congress authorized to build a navy; states authorized to equip warships to counter piracy
Constitution: Congress authorized to build a navy; states not allowed to keep ships of war
Army
Articles: Congress to decide on size of force and to requisition troops from each state according to
population
Constitution: Congress authorized to raise and support armies
Power to coin money
Articles: United States and the states
Constitution: United States only
Taxes
Articles: Apportioned by Congress, collected by the states
Constitution: Laid and collected by Congress
Ratification
Articles: Unanimous consent required
Constitution: Consent of nine states required
Some information is courtesy: http://www.usconstitution.net
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U.S. History & Government
Constitutional Packet
Constitutional Glossary
Adjournment
adjourn v. 1. To suspend until a later stated time. [<OFr. ajourner] adjournment n. Source: AHD
Appellate
appellate adj having power to review decisions of lower courts Source: NMW
Apportionment
apportion v. to distribute proportionately Source: NMW
In the context of the Constitution, apportionment means that each state gets an number appropriate
to its population. For example, Representatives are apportioned among the states, with the most
populous getting the greater share. Direct taxes (of which there are none today) were to be charged
to the states in this manner as well.
Attainder
attainder n. The loss of all civil rights by a person sentenced for a serious crime. [< OFr. attaindre, to
convict] Source: AHD In the context of the Constitution, a Bill of Attainder is meant to mean a bill that
has an negative effect on a single person or group (for example, a fine or term of imprisonment).
Originally, a Bill of Attainder sentenced an individual to death, though this detail is no longer required
to have an enactment be ruled a Bill of Attainder.
Concurrence
concur v. 1. To have the same opinion; agree [<Lat. concurrere. to meet] concurrence n. Source: AHD
Bill of Credit
A bill of credit is some sort of paper medium by which value is exchanged between the government
and individuals. Money is a bill of credit, but a bill of credit need not be money. An interest-bearing
certificate that was issued by Missouri, and usable in the payment of taxes, was thus ruled to be an
unconstitutional bill of credit.
Corruption of Blood
Corruption of Blood was part of ancient English penalty for treason. It was usually part of a Bill of
Attainder, which normally sentenced the accused to death. The corruption of blood would forbid the
accused’s family from inheriting his property. Such bills and punishments were often inflicted upon
Tories by colonial governments immediately following independence.
Source: 381 US 437
Deprive
deprive v. 1. To take something away from; divest. 2. To keep from the possession of something.
[<Med. Lat. deprivare] Source: AHD
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U.S. History & Government
Constitutional Packet
Constitutional Glossary
Continued
Domestic Tranquility
One of the concerns of the Framers was that the government prior to that under the Constitution was
unable, by force or persuasion, to quell rebellion or quarrels amongst the states. The government
watched in horror as Shay's Rebellion transpired just before the Convention, and some states had
very nearly gone to war with each other over territory (such as between Pennsylvania and
Connecticut over Wilkes-Barre). One of the main goals of the Convention, then, was to ensure the
federal government had powers to squash rebellion and to smooth tensions between states.
Double Jeopardy
Double jeopardy is a term used in law. Double jeopardy is forbidden by the Constitution. Double
jeopardy is what would happen is someone were to be charged with a crime and be found innocent,
and then be charged with that crime a second time. For example, if you are charged with stealing a
car, and a jury finds you innocent, you cannot be charged with stealing the car again.
Emolument
emolument n [ME, fr. L emolumentum, lit., miller's fee, fr emolere to grind up] : the product (as salary
or fees) of an employment Source: NMW
Enumerate
enumerate vb 1 : to determine the number of : count 2 : list Source: NMW
E x c i se
excise n a tax on the manufacture, sale, or consumption of goods within a country Source: NMW
Ex post facto
ex post facto adj. Formulated, enacted, or operating retroactively. [Med Lat., from what is done
afterwards] Source: AHD
Habeas Corpus
habeas corpus n. Law A writ issued to bring a party before a court to prevent unlawful restraint.
[<Med. Lat., you should have the body] Source: AHD
The basic premise behind habeas corpus is that you cannot be held against your will without just
cause. To put it another way, you cannot be jailed if there are no charges against you. If you are being
held, and you demand it, the courts must issue a writ or habeas corpus, which forces those holding
you to answer as to why. If there is no good or compelling reason, the court must set you free. It is
important to note that of all the civil liberties we take for granted today as a part of the Bill of Rights,
the importance of habeas corpus is illustrated by the fact that it was the sole liberty thought
important enough to be included in the original text of the Constitution.
Impartial
impartial adj. Not partial or biased; unprejudiced. Source: AHD
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U.S. History & Government
Constitutional Packet
Constitutional Glossary
Continued
Impeachment
Impeachment, in the U.S. and Great Britain, proceeding by a legislature for the removal from office of
a public official charged with misconduct in office. Impeachment comprises both the act of
formulating the accusation and the resulting trial of the charges; it is frequently but erroneously taken
to mean only the removal from office of an accused public official. An impeachment trial may result in
either an acquittal or in a verdict of guilty. In the latter case the impeached official is removed from
office; if the charges warrant such action, the official is also remanded to the proper authorities for
trial before a court. Source: FWE
Impost
impost n tax, duty Source: NMW
Infringe
infringe vb [Latin infringere] 1: violate, transgress 2: encroach, trespass Source: NMW
In the context of the Constitution, phrases like "shall not be infringed," "shall make no law," and "shall
not be violated" sound pretty unbendable, but the Supreme Court has ruled that some laws can, in
fact, encroach on these phrases. For example, though there is freedom of speech, you cannot slander
someone; though you can own a pistol, you cannot own a nuclear weapon.
Jurisdiction
jurisdiction n the power, right, or authority to interpret and apply the law : the limits or territory
within which authority may be exercised Source: NMW
Letter of Marque
Archaic. A letter of marque was issued by a nation to a privateer or mercenary to act on the behalf of
that nation for the purpose of retaliating against another nation for some wrong, such as a border
incursion or seizure.
Ordain
ordain v. 2. To order by or as if by decree. [<Lat. ordinaire, to organize] Source: AHD
Post road
post road n a road over which mail is carried Source: NMW
Posterity
posterity n. 1. Future generations. 2. All of a person's descendents. [<Lat. posteritas.] Source: AHD
Pro tempore
pro tempore adv. For the time being; temporarily. Also: Pro tem. Source: AHD
Quarter
quarter vb. to provide with shelter Source: NMW
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U.S. History & Government
Constitutional Packet
Constitutional Glossary
Continued
Quorum
quorum n. the number of members required to be present for business to be legally conducted
Source: NMW
Redress
redress v. 1. To set right, remedy or rectify. 2. To make amends for. n. 1. Satisfaction for wrong done;
reparation. 2. Correction. [<OFr. redresser.] Source: AHD
Reprisal
Archaic. An act taken by a nation, short of war, to gain redress for an action taken against that nation.
For example, seizing a ship in retaliation for a seized ship.
Republic
republic n 1 : a government having a chief of state who is not a monarch and is usually a president;
also : a nation or other political unit having such a government 2 : a government in which supreme
power is held by the citizens entitled to vote and is exercised by elected officers and representatives
governing according to law; also : a nation or other political unit having such a form of government
Source: NMW In the context of the United States, both definitions apply.
Suffrage
suffrage n. 1. A vote. 2. The right or privilege of voting; franchise. Source: AHD
Treason
treason n the offense of attempting to overthrow the government of one's country or of assisting its
enemies in war Source: NMW
Welfare
welfare n. 1. health, happiness, or prosperity; well-being. [<ME wel faren, to fare well] Source: AHD
Welfare in today's context also means organized efforts on the part of public or private organizations
to benefit the poor, or simply public assistance. This is not the meaning of the word as used in the
Constitution.
Source Key
AHD
American Heritage Dictionary
NM W
The New Merriam-Webster Dictionary
WA
The World Almanac
FWE
Funk and Wagnall's Encyclopedia
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U.S. History & Government
Constitutional Packet
Preamble
We the People of the United States, in Order to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the United States of America.
NOTE: this is the actual language, spelling and capitalization
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