The Articles of Confederation (And Why They're Not a Thing Anymore)
Credit: Dowell Middle School
History
When the Thirteen Colonies declared independence on that fateful 4th of July of 1776 (well... it was the 2nd of July, but we'll get to that some other day), everyone was pretty happy. And then, they woke up July 5th and went "Crap, how do we government now!?" So they wrote up the Constitution and everything was well once more. Well... yes, but in 1789. Before that, the government was the Articles of Confederation.
The story actually starts back in 1775 when Benjamin Franklin said "Hey, you know what, we could really use a uniting central government to, you know, have a better chance of defeating the British and all" and drafted the first Articles of Confederation. He presented them to the Continental Congress and they went "umm... yeah... we'll... think about it" and threw them aside into the huge In Progress pile nobody ever gets to. Well, 2 years, 6 drafts, and a Declaration of Independence later, and having John Dickinson saying yeah, actually, we could use a government via a fourth draft, the Congress actually attempted to pass the Articles of Confederation.
The States were still wary of strong governments given the ordeal they had gone through with Great Britain, and it was widely believed at the time that a Republican government would not work at such a large scale. They believed the representatives would lose touch with the people and it would dwindle into tyranny. Not good. Yet, they really needed a uniting government to be recognized by other nations which could give them aid (*cough* France *cough*), and to create the strong national feeling needed to win the war. So they created something along the lines of a diplomatic league with the only purpose of protecting the states — similar to the UN or EU today, although slightly more powerful.
Problems arose, as usual. Dickinson's draft had State's monetary contribution to the central government be in proportion to their inhabitants (Blacks and Whites included), which the Southern states disliked due to their great number of slaves. It was decided that the contribution would be in proportion to the value of the land. And the Congress conveniently decided not to discuss certain topics such as the slave trade or fugitive slaves because it was war and it would not help anybody. So, in 1777, the Articles were submitted for the States approval.
It was 1779 and all the states had approved the Articles except for Maryland. Some were slower on their approval, such as New Jersey, Delaware, and Rhode Island, but they had nonetheless. Maryland's concern, as was New Jersey, Rhode Island, and Delaware's, was land — as usual. The other states, Virginia, the Carolinas, Georgia, Connecticut, and Massachusetts, had charters which allowed them to extend their land to the "South Sea" (The Mississippi River). But, Maryland, Pennsylvania, New Jersey, Delaware, and Rhode Island could not. All, except for Maryland, eventually gave it up and ratified the Articles. Maryland, however, knew that it would be dominated by Virginia if it decided to expand, so they pushed the issue. And, they pushed it. And, they pushed it; until 1781 when Thomas Jefferson told Virginia to suck it up and promise to not expand. Only then did Maryland ratify the Articles of Confederation.
Credit: Mr. Kash
For clarification: As you can see, the colonies toward the left had space to expand all the way to the Mississippi, but states like Maryland were "state-locked," that is to say, they had no room to expand.
A Look at the Articles
Note: Not all articles are here, and some are not quoted in full. For the full Articles of Confederation go here.
After the first Article, which settles the name of the Confederation ("The United States of America"), the government starts being explained.
II. Sovereignty
"Each state retains its sovereignty, freedom, independence, and every power, jurisdiction, and right, which is not but this Confederation expressly delegated to the United States, in Congress assembled."
This Article is key in the States's prevention of a tyrannical government. The states were not to become mere provinces in a country, they were sovereign states in a union for their mutual benefit. This is a though later restated in the 10th Amendment.
III. The "league of friendship"
"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."
This Article creates the United States. The lightness of the union is emphasized through the wording, "league of friendship." The States wanted to return to their status before the British ended their salutary neglect, as separate colonies; for this, they needed mutual protection, but nothing more.
This is where I start quoting them in smaller parts because the articles become long (IX is two pages long).
IV. "[To] secure and perpetuate mutual friendship and intercourse" or Interstate Travel
This is where free travel between the states is guaranteed really forming the union into a country in at least one way. Citizens have the right to "free ingress and regress to and from any other State." furthermore the article assures citizens of other states will be treated as are the citizens of the state they are in: the free inhabitants of each of these States ... shall be entitled to all privileges and immunities of free citizens in the several States. It, of course, also allows for the return of people fleeing from justice to their respective state.
V. The "United States in Congress assembled," that is to say, the central government
The Congress is made up of delegates "annually appointed in such manner as the legislatures of each State shall direct ... with a power reserved to each State to recall its delegates ... and to send others in their stead." The power of the delegates is kept in check by not allowing them to be part of the Congress "for more than three years in any term of six years." Each State is equal with no "less than two, nor more than seven members" in the Congress, and only being allowed one vote. Furthermore, "Freedom of speech and debate in Congress shall not be impeached or questioned;" a thought likely inspired by the English Bill of Rights.
VI. Restrictions on the Powers of States
Even though the states are sovereign, they still have to bow to the central government in matters of war and treaties among other things. Among other things, States are not allowed to "send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King, Prince or State" without the Congress's approval. Or to "enter into any treaty, confederation or alliance" with another state without the Congress's consent. I mean, after all, the United States of America is the alliance. Also, no state is allowed to engage in war before asking the central government. Although this seems like a lot of power taken away from the states, it is really just the central government doing its job as protector.
...
VIII. On Acquiring Money
"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...
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."
This Article is worth pointing out in that it later causes much trouble. In order to get funding for anything at all, the Congress had to ask the states to give it out of their good will essentially. This is, needless to say, extremely limiting and it very quickly becomes a problem for a young country with a great need for defense.
IX. Powers of the United States in Congress assembled
The powers of the Congress were limited to war and peace, essentially. It had the "sole and exclusive right and power of determining on peace and war ... entering into treaties and alliances ... deciding ... what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces ... 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 capture." That is not all for it could also settle disputes between states (mostly associated with land, remember Maryland? Yeah). it could also regulate "the allow and value of coin struck by their own authority." But the states could limit this power, many things could not be done "unless nine States assent to the same," and the rest "unless by the votes of the majority of the United States in Congress assembled."
XI. Fun fact: the US really wanted Canada
Until like after the War of 1812 the US really wanted Canada to join them. I mean, really. I don't know in how many ways they tried to sort of passive-aggressively tell Canada so, but here's one. This Article explains that to allow any other colony in, 9 states have to agree. And then, there's the Canada exception. If Canada so desires,"Canada ... shall be admitted into, and entitles to all the advantages of this Union," just like that. No voting required.
XIII. The Amendments
The Continental Congress made it really hard to change this; to do so the Amendment would have to be "confirmed by the legislatures of every State." I mean, it's hard it's hard already with only 3/4, —like it is now — imagine all.
Why (And How) It Didn't Work
So, at first everything went well; the economy grew, business prospered, there was expansion into the West, the population increased, everyone was happy. But, that didn't last very long. American merchants could not trade in the British West Indies, and the British Armies still held posts in Old Northwest (Ohio River Valley) which was American territory under the Treaty of Paris which ended the revolutionary war. Spain had also closed the Port of New Orleans which American farmers desperately needed. But, the central government did not have enough power to draft an army and drive them off. There were efforts to give Congress power to tax in 1781 and 1786 but they both failed. In addition, according to the Treaty of Paris the states were supposed to pay pre-revolution debts off, but the Congress did not have enough power or money to do so, and the states conveniently ignored it.
The biggest problem, which opened everyone's eyes to the faults of the Articles of Confederation was Shays's Rebellion. This were a series of protests by American farmers against taxation under the leadership of Daniel Shays. The states gave farmers high taxes until they couldn't pay them anymore. And, when they were not able to pay the taxes they were imprisoned. The protests fell apart once they were faced with the state militias. Nonetheless they raised important concerns.
I mean the central government was unable to do anything at all. It could not fund troops to surpress the rebellion, it could not regulate commerce to benefit the farmers, and all the debt-relief proposals they tried to pass were rejected. Although the rebellions never threatened the government, everyone saw that it was time for a change. Geroge Washington literally came out of retirement to ask for a stronger central government, and the man really values his retirement. Thus in 1786 the Constitutional Convention met in Philadelphia to draft the Constitution of the United States as we know it.
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