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.
It was on this day in 1777 that the Articles of Confederation, the first American constitution, was sent to the 13 states for consideration. It didn’t last a decade, for some obvious reasons.
On November 17, 1777, Congress submitted the Articles to the states for immediate consideration. Two days earlier, the Second Continental Congress approved the document, after a year of debates. The British capture of Philadelphia also forced the issue.
The Articles formed a war-time confederation of states, with an extremely limited central government. The document made official some of the procedures used by the Congress to conduct business, but many of the delegates realized the Articles had limitations.
Here is a quick list of the problems that occurred, and how these issues led to our current Constitution.
1. The states didn’t act immediately. It took until February 1779 for 12 states to approve the document. Maryland held out until March 1781, after it settled a land argument with Virginia.
2. The central government was designed to be very, very weak. The Articles established “the United States of America” as a perpetual union formed to defend the states as a group, but it provided few central powers beyond that. But it didn’t have an executive official or judicial branch.
3. The Articles Congress only had one chamber and each state had one vote. This reinforced the power of the states to operate independently from the central government, even when that wasn’t in the nation’s best interests.
4. Congress needed 9 of 13 states to pass any laws. Requiring this high supermajority made it very difficult to pass any legislation that would affect all 13 states.
5. The document was practically impossible to amend. The Articles required unanimous consent to any amendment, so all 13 states would need to agree on a change. Given the rivalries between the states, that rule made the Articles impossible to adapt after the war ended with Britain in 1783.
6. The central government couldn’t collect taxes to fund its operations. The Confederation relied on the voluntary efforts of the states to send tax money to the central government. Lacking funds, the central government couldn’t maintain an effective military or back its own paper currency.
7. States were able to conduct their own foreign policies. Technically, that role fell to the central government, but the Confederation government didn’t have the physical ability to enforce that power, since it lacked domestic and international powers and standing.
8. States had their own money systems. There wasn’t a common currency in the Confederation era. The central government and the states each had separate money, which made trade between the states, and other countries, extremely difficult.
9. The Confederation government couldn’t help settle Revolutionary War-era debts. The central government and the states owed huge debts to European countries and investors. Without the power to tax, and with no power to make trade between the states and other countries viable, the United States was in an economic mess by 1787.
10. Shays’ rebellion – the final straw. A tax protest by western Massachusetts farmers in 1786 and 1787 showed the central government couldn’t put down an internal rebellion. It had to rely on a state militia sponsored by private Boston business people. With no money, the central government couldn't act to protect the "perpetual union."
These events alarmed Founders like George Washington, James Madison and Alexander Hamilton to the point where delegates from five states met at Annapolis, Maryland in September 1786 to discuss changing the Articles of Confederation.
The group included Madison, Hamilton and John Dickinson, and it recommended that a meeting of all 13 states be held the following May in Philadelphia. The Confederation Congress agreed and the Constitutional Convention of 1787 effectively ended the era of the Articles of Confederation.