by Clarissa Sanders, Director of Research & Collections
On November 15, 1777 the Continental Congress adopted the Articles of Confederation, the first constitution of the new nation. The Articles created a government in which the colonies - now states - retained most of the power. This left the central government weak, without essential powers like the ability to control foreign policy or to tax. In 1786, a group of western Massachusetts residents, led by former Continental Army Captain, Daniel Shay, rebelled because of the state’s high taxes and wartime debt. This event made it apparent that the federal government established by the Articles of Confederation was unable to address internal rebellions because it did not have the funds nor the military power to do so. In May 1787, the Constitutional Convention met in Philadelphia to address the shortcomings of the Articles. In September, the Constitution was born.
This photograph depicts Independence Hall. This building served as the setting for many important moments in American history - such as the signing of the Declaration of Independence and the ratification of the Articles of the Confederation.
Just ten years after the creation of the Articles of Confederation, the United States adopted a new constitution that was significantly different from its predecessor.
One of the most significant changes between the Articles of Confederation and Constitution was the creation of the three branches of government: the executive, legislative, and judicial. This separation of powers ensured that power would not be concentrated in one particular branch. Under the Articles of Confederation, there was no executive or judicial branch, and the legislative body was a single body appointed by the state legislatures. The Constitution created a bicameral legislature: the House of Representatives, elected by the popular vote; and the Senate, still appointed by the state legislature. Each member of the new Congress was granted a vote, while under the Articles each state was granted a singular vote. Members of Congress under the Articles served one year terms with term limits, while the Constitution made terms two years for Representatives and six years for Senators, with no term limits.
This painting entitled, "Scene at the Signing of the Constitution of the United States" was painted by Chandler Christy in 1940. It depicts George Washington, president of the convention, standing on a platform in room full of delegates. They are in Independence Hall.
The Constitution also gave the federal government more power over money and taxes. The new system of government allowed Congress to control interstate commerce and barred states from creating their own coined money. It also granted the federal government the power to tax individuals. The Articles of Confederation were written when rhetoric such as “Taxation without Representation” filled the political atmosphere. This meant that the Articles granted the central government no power to tax, but instead had to request money from the states, with little to no ways to enforce it. Without the ability to tax, the central government could not do essential taxes such as pay debts. Taxation increased the power of the federal government because it gave the new government the ability to raise and support the military, to pay Congress, and to fund its other functions.
Ultimately, the largest difference between America’s two governing documents is in that the Articles sovereignty resided in the states, and the Constitution was declared the law of the land when it was ratified which significantly increased the power of the federal government. The Articles were seen as stagnant, uneasily changed, and ineffective. The Constitution was created to be a living document, a document that can be amended, to meet the needs of a growing and changed nation.
Click here to read the Constitution.
Click here to read the Articles of Confederation.
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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.Excerpts
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 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. . . .