articles of confederation weaknesses essay

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Articles of Confederation

By: History.com Editors

Updated: August 15, 2023 | Original: October 27, 2009

The Articles of Confederation and Perpetual Union was the first written constitution of the United States. Written in 1777 and stemming from wartime urgency, its progress was slowed by fears of central authority and extensive land claims by states. It was not ratified until March 1, 1781. 

Under these articles, the states remained sovereign and independent, with Congress serving as the last resort on appeal of disputes. Significantly, The Articles of Confederation named the new nation “The United States of America.”

Congress was given the authority to make treaties and alliances, maintain armed forces and coin money. However, the central government lacked the ability to levy taxes and regulate commerce, issues that led to the Constitutional Convention in 1787 for the creation of new federal laws under The United States Constitution.

From the beginning of the American Revolution , Congress felt the need for a stronger union and a government powerful enough to defeat Great Britain. During the early years of the war this desire became a belief that the new nation must have a constitutional order appropriate to its republican character. 

A fear of central authority inhibited the creation of such a government, and widely shared political theory held that a republic could not adequately serve a large nation such as the United States. The legislators of a large republic would be unable to remain in touch with the people they represented, and the republic would inevitably degenerate into a tyranny.

To many Americans, their union seemed to be simply a league of confederated states, and their Congress a diplomatic assemblage representing 13 independent polities. The impetus for an effective central government lay in wartime urgency, the need for foreign recognition and aid and the growth of national feeling.

Who Wrote the Articles of Confederation?

Altogether, six drafts of the Articles were prepared before Congress settled on a final version in 1777. Benjamin Franklin wrote the first and presented it to Congress in July 1775. It was never formally considered. Later in the year Silas Deane, a delegate from Connecticut, offered one of his own, which was followed still later by a draft from the Connecticut delegation, probably a revision of Deane’s.

None of these drafts contributed significantly to the fourth version written by John Dickinson of Pennsylvania, the text that after much revision provided the basis for the Articles approved by Congress. Dickinson prepared his draft in June 1776; it was revised by a committee of Congress and discussed in late July and August. The result, the third version of Dickinson’s original, was printed to enable Congress to consider it further. In November 1777 the final Articles, much altered by this long deliberative process, were approved for submission to the states.

Ratification of the Articles of Confederation 

By 1779 all the states had approved the Articles of Confederation except Maryland, but the prospects for acceptance looked bleak because claims to western lands by other states set Maryland in inflexible opposition. Virginia, the Carolinas, Georgia, Connecticut and Massachusetts claimed by their charters to extend to the “South Sea” or the Mississippi River. 

The charters of Maryland, Pennsylvania, New Jersey, Delaware and Rhode Island confined those states to a few hundred miles of the Atlantic. Land speculators in Maryland and these other “landless states” insisted that the West belonged to the United States, and they urged Congress to honor their claims to western lands. Maryland also supported the demands because nearby Virginia would clearly dominate its neighbor should its claims be accepted. 

Eventually Thomas Jefferson persuaded his state to yield its claims to the West, provided that the speculators’ demands were rejected and the West was divided into new states, which would be admitted into the Union on the basis of equality with the old. Virginia’s action persuaded Maryland to ratify the Articles, which went into effect on March 1, 1781.

Weaknesses of the Articles of Confederation

The weakness of the Articles of Confederation was that Congress was not strong enough to enforce laws or raise taxes, making it difficult for the new nation to repay their debts from the Revolutionary War. There was no executive and no judiciary, two of the three branches of government we have today to act as a system of checks and balances. Additionally, there were several issues between states that were not settled with ratification: A disagreement over the appointment of taxes forecast the division over slavery in the Constitutional Convention. 

Dickinson’s draft required the states to provide money to Congress in proportion to the number of their inhabitants, black and white, except Indians not paying taxes. With large numbers of slaves, the southern states opposed this requirement, arguing that taxes should be based on the number of white inhabitants. This failed to pass, but eventually the southerners had their way as Congress decided that each state’s contribution should rest on the value of its lands and improvements. In the middle of the war, Congress had little time and less desire to take action on such matters as the slave trade and fugitive slaves, both issues receiving much attention in the Constitutional Convention.

Article III described the confederation as “a firm league of friendship” of states “for their common defense, the security of their liberties and their mutual and general welfare.” This league would have a unicameral congress as the central institution of government; as in the past, each state had one vote, and delegates were elected by state legislatures. Under the Articles, each state retained its “sovereignty, freedom and independence.” The old weakness of the First and Second Continental Congresses remained: the new Congress could not levy taxes, nor could it regulate commerce. Its revenue would come from the states, each contributing according to the value of privately owned land within its borders.

But Congress would exercise considerable powers: it was given jurisdiction over foreign relations with the authority to make treaties and alliances; it could make war and peace, maintain an army and navy, coin money, establish a postal service and manage Indian affairs; it could establish admiralty courts and it would serve as the last resort on appeal of disputes between the states. Decisions on certain specified matters–making war, entering treaties, regulating coinage, for example–required the assent of nine states in Congress, and all others required a majority.

Although the states remained sovereign and independent, no state was to impose restrictions on the trade or the movement of citizens of another state not imposed on its own. The Articles also required each state to extend “full faith and credit” to the judicial proceedings of the others. And the free inhabitants of each state were to enjoy the “privileges and immunities of free citizens” of the others. Movement across state lines was not to be restricted.

To amend the Articles, the legislatures of all thirteen states would have to agree. This provision, like many in the Articles, indicated that powerful provincial loyalties and suspicions of central authority persisted. In the 1780s–the so-called Critical Period–state actions powerfully affected politics and economic life. 

For the most part, business prospered and the economy grew. Expansion into the West proceeded and population increased. National problems persisted, however, as American merchants were barred from the British West Indies and the British army continued to hold posts in the Old Northwest, which was named American territory under the Treaty of Paris . 

These circumstances contributed to a sense that constitutional revision was imperative. Still, national feeling grew slowly in the 1780s, although major efforts to amend the Articles in order to give Congress the power to tax failed in 1781 and 1786. The year after the failure of 1786, the Constitutional Convention met in Philadelphia and effectively closed the history of government under the Articles of Confederation.

The Articles of Confederation Text

To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.

Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America, agree to certain 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, in the words following, viz:

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.

Thirteen Articles:

The Stile of this confederacy shall be "The United States of America."

Article 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.

Article III.

The said states hereby severally enter into a firm league of friendship with each other, for their common defence, 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 pretence whatever.

Article 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 restriction 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.

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 recal 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.

No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind.

Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. 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 and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.

Article VI.

No state, without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.

No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the united states in congress assembled can be consulted: nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled, shall determine otherwise.

Article VII.

When land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively, by whom such forces 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.

All charges of war, and all other expences that shall be incurred for the common defence 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, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint.

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.

Article IX.

The united states in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article — of sending and receiving ambassadors — entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities, whatsoever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united states 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 captures, provided that no member of congress shall be appointed a judge of any of the said courts.

The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of reward:" provided also, that no state shall be deprived of territory for the benefit of the united states.

All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.

The united states in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states — fixing the standard of weights and measures throughout the united states — regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated — establishing or regulating post offices from one state to another, throughout all the united states, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expences of the said office — appointing all officers of the land forces, in the service of the united states, excepting regimental officers — appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states — making rules for the government and regulation of the said land and naval forces, and directing their operations.

The united states in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated "A Committee of the States," and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction — to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expences to borrow money, or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted, — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisition shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men and cloth, arm and equip them in a soldier like manner, at the expence of the united states; and the officers and men so cloathed, armed and quipped shall march to the place appointed, and within the time agreed on by the united states in congress assembled: But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legislature of such sta te shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.

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 expences necessary for the defence 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 upon 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 navy, 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.

The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.

The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite.

Article XI.

Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.

Article XII.

All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of congress, before the assembling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the public faith are hereby solemnly pledged.

Article XIII.

Every state shall abide by the determinations of the united states in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of every state.

Conclusion:

And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that pur pose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual.

In Witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the state of Pennsylvania the ninth day of July in the Year of our Lord one Thousand seven Hundred and Seventy-eight, and in the third year of the independence of America.

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The Articles of Confederation — America’s First Constitution

March 1, 1781–1789

The Articles of Confederation was America's first constitution. It was in effect from March 1, 1781, to March 4, 1789, when it was replaced by the United States Constitution.

John Dickinson, a delegate from Delaware, was the principal author of the draft of the Articles of Confederation. Image Source: New York Public Library Digital Collections .

Articles of Confederation Summary

As the delegates to the Second Continental Congress were drafting the Declaration of Independence , they were also developing a plan for unifying the 13 Colonies to defeat Great Britain. In the summer of 1776, a committee composed of one delegate from each colony drafted the Articles of Confederation — America’s first constitution. Although the document created a weak central government compared to the federal government established by the current Constitution, the Articles successfully created a “firm league of friendship” that guided the new nation through its early years.

Articles of Confederation Dates

• On June 11, 1776, the Second Continental Congress appointed a committee, composed of one representative from each colony, to draft a document forming a confederation of the 13 colonies.
• The Articles of Confederation were adopted by Congress on November 15, 1777.
• The Articles went into effect when they were ratified by the 13th and final state (Maryland) on March 1, 1781.
• In May 1787, following events such as Shays’ Rebellion, a convention was held in Philadelphia to revise the Articles. However, the convention resulted in the United States Constitution.
• The Articles were replaced by the Constitution on March 4, 1789.

Facts About the Articles of Confederation

• John Dickinson, a delegate from Delaware, was the principal writer of the draft document.
• As adopted, the articles contained a preamble and 13 articles.
• The Articles established a Confederation Congress with each state having one vote.
• Measures passed by Congress had to be approved by 9 of the 13 states.
• It did not establish federal executive or judicial branches of government.
• Each state retained “every Power…which is not by this confederation expressly delegated to the United States.”
• Provided Congress with the powers to conduct foreign affairs, declare war or peace, maintain an army and navy, print money, resolve disputes between states, and a variety of other lesser functions.
• Denied Congress the power to collect taxes, regulate interstate commerce, and enforce laws.
• All 13 states had to agree to any amendment of the federal government’s power.

Articles of Confederation — A Brief History of America’s First Constitution

The Articles of Confederation outlined the functions of the first national government of the United States, after gaining independence from Great Britain. The Articles created a limited central government that, to a certain extent, restricted individual states from conducting their own foreign diplomacy.

Albany Plan of Union

Just before the outbreak of the French and Indian War, the Albany Plan of Union was developed It was the first attempt to unite the colonies from New England to South Carolina. However, the plan was rejected for various reasons, including concerns the individual colonies had about granting authority to a central colonial government. 

However, as the American Revolution progressed and became the American Revolutionary War, many leaders recognized the benefits of a centralized government to coordinate the war effort. 

New York’s Plan of Unification

In June 1775, the First New York Provincial Congress submitted a proposal for a united government to the Continental Congress. Like the Albany Plan, New York’s “Plan of Accommodation between Great Britain and America” acknowledged the authority of the British Crown, which was unpopular with the faction of Congress that leaned toward independence. 

Benjamin Franklin’s Articles of Confederation

Outside of the proceedings of Congress, some delegates explored the idea of a permanent union between the colonies, other than the temporary Continental Congress. 

Benjamin Franklin drafted a plan titled “Articles of Confederation and Perpetual Union.” Although key delegates such as Thomas Jefferson endorsed Franklin’s proposal, it faced opposition. Franklin introduced his plan to Congress on July 21, emphasizing it should be considered a draft, which should be revised at a later date. The delegates agreed and decided to set the plan aside at that time.

Congress Agrees on Independence

Ultimately, Congress adopted Virginia’s “Resolution for Independence,” which was introduced by Richard Henry Lee on June 7, 1775. Also known as the “Lee Resolution,” it proposed three important initiatives:

• Called for Congress to declare independence.
• Form foreign alliances.
• Prepare a plan to unite the colonies.

The Committee of Thirteen

On June 11, Congress set up three committees — one for each of the initiatives. The committee assigned to “prepare a plan to unite the colonies” is known as the “Committee of Thirteen.” It included one delegate from each state:

• John Dickinson, Pennsylvania, Chairman
• Samuel Adams, Massachusetts
• Josiah Bartlett, New Hampshire
• Button Gwinnett, Georgia
• Joseph Hewes, North Carolina
• Stephen Hopkins, Rhode Island
• Robert R. Livingston, New York
• Thomas McKean, Delaware
• Thomas Nelson, Virginia
• Edward Rutledge, South Carolina
• Roger Sherman, Connecticut
• Thomas Stone, Maryland
• Francis Hopkinson, New Jersey

The Committee Introduces the Articles of Confederation

On July 22, the committee presented its report to Congress. The Articles included. 

• A government consisting solely of a unicameral legislature without an executive or judicial branch.
• It would have limited powers to deal with foreign affairs, defense, and treaty-making.
• The government did not have the authority to levy national taxes or regulate interstate trade. 
• Any laws it created were nonbinding unless states chose to enforce them. 

The Articles were intended to balance the political ideas embraced in the American Revolution, such as “No Taxation Without Representation” and the necessity of conducting the war. However, there were significant issues that needed to be addressed, including:

• Representation. The issue was resolved by giving all states equal status and one vote.
• Appropriation. This was settled by having states contribute money to Congress based on the value of privately owned land. 
• Control of western lands. Some states, like Virginia, claimed large territories that stretched across the frontier, to the west. Others, like Maryland, had no claims and insisted that such territories should be ceded to Congress beforehand. This issue was not resolved until much later.

The issues postponed the final debates on the Articles of Confederation until October 1777.

Congress Agrees to the Articles of Confederation

By October 1777, the situation was urgent, as British forces had captured Philadephia in September, forcing the members of Congress to flee to Lancaster, Pennsylvania, and then to York, Pennsylvania. On November 15, 1777, During the sessions in York, the delegates finally agreed to a framework for the Articles of Confederation. 

Congress forwarded the Articles to the states for ratification in late November. While most delegates recognized the Articles as a flawed compromise, they believed it was preferable to having no formal national government at all.

12 States Ratify the Articles of Confederation

Virginia led the way by ratifying the Articles of Confederation on December 16, 1777. Subsequently, other states followed suit during the early months of 1778. However, when Congress reconvened in June 1778, it was revealed that Maryland, Delaware, and New Jersey had not succeeded in ratifying the Articles. 

The Articles required unanimous approval from all states, and the states that were holding out insisted the others needed to abandon their western land claims before they would ratify the document. 

Ultimately, with the war at a crucial point, the “landed” states — those with western land claims, like Virginia — indicated they would cede the lands. New Jersey and Delaware were satisfied and agreed to the terms of the Articles.

• New Jersey ratified the Articles on November 20, 1778.
• Delaware ratified the Articles on February 1, 1779. 

Maryland’s Path to Ratification

Maryland was not convinced the states would follow through on ceding lands and was the last holdout to ratify the Articles of Confederation.

Maryland’s reluctance was frustrating to the other state governments. Some even passed resolutions in favor of establishing a national government without Maryland. 

However, some politicians, like Congressman Thomas Burke of North Carolina, argued against such a measure. Burke and others insisted that without the unanimous approval of all 13 States, the nation would be vulnerable, divided, and susceptible to foreign interference and manipulation.

In 1780, British forces carried out raids on Maryland towns located along the Chesapeake Bay, alarming state officials. Maryland responded by contacting the French Minister, Anne-César De la Luzerne, and requesting French naval support. Luzerne responded by encouraging Maryland to ratify the Articles of Confederation. 

Virginia’s Governor, Thomas Jefferson , also agreed to cede all western land claims to Congress.

Finally, the Maryland legislature ratified the Articles of Confederation on March 1, 1781. On that date, the Articles of Confederation formally transformed the United States from a collection of 13 loosely connected states into a confederation government

Weaknesses of the Articles of Confederation

Unfortunately, the Articles did not grant Congress the necessary authority to force the states to comply with its decisions, including the provisions in the 1783 Treaty of Paris .

The Treaty of Paris allowed British creditors to sue debtors for pre-Revolutionary debts, a clause many state governments simply ignored. In response, British forces continued to occupy forts in the Great Lakes Region. 

Additional issues that were caused by the weakness of the Articles of Confederation included:

• Without the ability to raise funds, the Confederation Congress was financially limited and dependent on the states for revenue, and the States often failed to provide funds.
• States also disregarded laws meant to standardize interstate commerce. 
• Congress did not have the power to regulate foreign trade, allowing nations like Britain to impose trade restrictions without fear of retaliation. 
• Congress had no way to force states to provide military forces during a time when the military was needed to deal with Indian unrest in the Northwest Territory .

Similar issues, along with the Confederation government’s inadequate response to Shays’ Rebellion in Massachusetts, convinced national leaders of the need to make changes to the Articles of Confederation. This ultimately led to the Philadelphia Convention of 1787 , which drafted the Constitution of the United States.

Accomplishments Under the Articles of Confederation

Despite its limited authority, the Confederation Congress was able to accomplish some important feats that led to the growth and development of the nation.

1783 Treaty of Paris

The 1783 Treaty of Paris was one of a series of treaties, collectively known as the Peace of Paris, or the Treaty of Versailles of 1783, that established peace between Great Britain and the allied nations of France, Spain, and the Netherlands. The Treaty of Paris was negotiated as a separate treaty between Great Britain and the United States, the primary provisions of the Treaty of Paris established the independence of the United States and ended hostilities between the two nations. Other provisions dealt with defining borders, restitution for Loyalist property confiscated by Americans during the war, the return of slaves confiscated by the British, and the removal of British troops from American soil. Congress ratified the treaty on January 14, 1784.

Ordinance of 1784

The Ordinance of 1784 was a bill passed by the Congress of the Confederation that served as an initial blueprint for governing the territory Britain ceded to the United States after the American Revolutionary War.

Land Ordinance of 1785

The Land Ordinance of 1785 was a bill passed by the Congress of the Confederation. It made adjustments to the Ordinance of 1784 and introduced squares. If first divided the land into six-mile-square townships. It also required the land to be surveyed and for some of it to be given to veterans of the Continental Army.

Northwest Ordinance of 1787

The Northwest Ordinance of 1787 , also known as the Ordinance of 1787, set up the rules and guidelines for governing the Northwest Territory, including a bill of rights and prohibition of slavery. It also set up the process for a territory to become a state and join the Union, with equal status to the 13 Original States.

Presidents Under the Articles of Confederation

The following men served as President from 1781 to 1789 under the Articles of Confederation. The position was officially called “President of the United States in Congress Assembled.” 

Contrary to some sources, these men did not hold the office of President of the United States. It was an entirely different office. 

• Samuel Huntington served from March 2, 1781, to July 6, 1781, when he retired.
• Thomas McKean served from July 10, 1781, to October 23, 1781. During his term as President, Congress received the news of the British surrender at Yorktown .
• John Hanson was the first President to serve a full term and served from November 5, 1781, to November 3, 1782. Hanson is sometimes referred to as the first President of the Confederation Congress. However, he is recognized as the third President by the Office of the Historian of the United States House of Representatives.
• Elias Boudinot was President from November 4, 1782, to November 3, 1783. During his term, the British evacuated Charleston in January 1783, and the Treaty of Paris of 1783 was signed in September 1783, which officially ended the American Revolutionary War.
• Thomas Mifflin was President from November 3, 1783, to November 30, 1784. During his term, George Washington resigned from the army. On December 23, 1783, in a ceremony in Annapolis, Maryland, Washington handed his commission and resignation speech to Mifflin.
• Richard Henry Lee served from November 30, 1784, to November 4, 1785.
• John Hancock was appointed President and held the title from November 23, 1785, to June 6, 1786. However, Hancock was ill and he could not perform the duties of the office. His duties were carried out by David Ramsay from November 23, 1785, to May 15, 1786, and then by Nathaniel Gorham from May 15 to June 5, 1786. Ramsay and Gorham were Chairman of the Confederation Congress.
• Nathaniel Gorham served as President from June 6, 1786, to November 2, 1786.
• Arthur St. Clair served as President and served from February 2, 1787, to October 5, 1787.
• Cyrus Griffin was the last President of the Congress Assembled and served from January 22, 1788, to March 2, 1789.

Articles of Confederation Significance

The Articles of Confederation are important to United States history because they served as the first Consitution of the United States. Although the Articles had many weaknesses, the Confederation Congress was able to make some key legislative decisions that helped the nation develop. Ultimately, the lessons learned during the time the nation operated under the Articles helped develop its replacement, the United States Constitution.

Articles of Confederation APUSH, Review, Notes, Study Guide

Use the following links and videos to study the Articles of Confederation, the Confederation Congress, and the Confederation Era for the AP US History Exam. Also, be sure to look at our Guide to the AP US History Exam .

Articles of Confederation Definition APUSH

The Articles of Confederation is defined as the first written constitution of the United States, adopted in 1781. The articles established a weak federal government with limited powers, with most decision-making power reserved for the individual states. The articles were in effect until 1789 when they were replaced by the United States Constitution.

Articles of Confederation Video — Explained for APUSH and AP Gov

This video from Heimler’s History discusses the Articles of Confederation, one of the Foundational Documents for APUSH and AP Gov.

• Written by Randal Rust

Milestone Documents

Articles of Confederation (1777)

Citation: Articles of Confederation; 3/1/1781; Miscellaneous Papers of the Continental Congress, 1774 - 1789; Records of the Continental and Confederation Congresses and the Constitutional Convention, Record Group 360; National Archives Building, Washington, DC.

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The Articles of Confederation were adopted by the Continental Congress on November 15, 1777. This document served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day Constitution went into effect.

After the Lee Resolution proposed independence for the American colonies, the Second Continental Congress appointed three committees on June 11, 1776. One of the committees was tasked with determining what form the confederation of the colonies should take. This committee was composed of one representative from each colony. John Dickinson, a delegate from Delaware, was the principal writer.

The Dickinson Draft of the Articles of Confederation named the confederation "the United States of America." After considerable debate and revision, the Second Continental Congress adopted the Articles of Confederation on November 15, 1777.

The document seen here is the engrossed and corrected version that was adopted on November 15. It consists of six sheets of parchment stitched together. The last sheet bears the signatures of delegates from all 13 states.

This "first constitution of the United States" established a "league of friendship" for the 13 sovereign and independent states. Each state retained "every Power...which is not by this confederation expressly delegated to the United States. The Articles of Confederation also outlined a Congress with representation not based on population – each state would have one vote in Congress.

Ratification by all 13 states was necessary to set the Confederation into motion. Because of disputes over representation, voting, and the western lands claimed by some states, ratification was delayed. When Maryland ratified it on March 1, 1781, the Congress of the Confederation came into being.

Just a few years after the Revolutionary War, however, James Madison and George Washington were among those who feared their young country was on the brink of collapse. With the states retaining considerable power, the central government had insufficient power to regulate commerce. It could not tax and was generally impotent in setting commercial policy. Nor could it effectively support a war effort. Congress was attempting to function with a depleted treasury; and paper money was flooding the country, creating extraordinary inflation.

The states were on the brink of economic disaster; and the central government had little power to settle quarrels between states. Disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.

In May of 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. They shuttered the windows of the State House (Independence Hall) and swore secrecy so they could speak freely. By mid-June the delegates had decided to completely redesign the government. After three hot, summer months of highly charged debate, the new Constitution was signed, which remains in effect today.

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To all to whom these Presents shall come, we, the undersigned Delegates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia in the Words following, viz. “Articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

Article I. The Stile of this confederacy shall be, “The United States of America.”

Article 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.

Article III. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, 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 pretence whatever.

Article 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 offence.

                       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.

Article 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.

                 No State shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being delegate for more than three years, in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind.

                 Each State shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.

                 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 and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.

Article VI. No State, without the Consent of the united States, in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conferrence, agreement, alliance, or treaty, with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state; nor shall the united states, in congress assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the united states, in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united States in congress assembled, with any king, prince, or State, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.

No vessels of war shall be kept up in time of peace, by any state, except such number only, as shall be deemed necessary by the united states, in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up, by any state, in time of peace, except such number only as, in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.

No State shall engage in any war without the consent of the united States in congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the united states in congress assembled, can be consulted: nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembled, and then only against the kingdom or State, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled shall determine otherwise.

Article VII. When land forces are raised by any state, for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively by whom such forces 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 appointment.

Article VIII. All charges of war, and all other expenses that shall be incurred for the common defence 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, granted to or surveyed for any Person, as such land and the buildings  and improvements thereon shall be estimated, according to such mode as the united states, in congress assembled, shall, from time to time, direct and appoint. 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.

Article IX. The united states, in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article - of sending and receiving ambassadors - entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever -  of establishing rules for deciding, in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united States, 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 captures; provided that no member of congress shall be appointed a judge of any of the said courts.

The united states, in congress assembled, shall also be the last resort on appeal, in all disputes and differences now subsisting, or that hereafter may arise between two or more states concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority, or lawful agent of any state in controversy with another, shall present a petition to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given, by order of congress, to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names, as congress shall direct, shall, in the presence of congress, be drawn out by lot, and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or being present, shall refuse to strike, the congress shall proceed to nominate three persons out of each State, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive; the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress, for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward: “provided, also, that no State shall be deprived of territory for the benefit of the united states.

All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the united states, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.

The united states, in congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states - fixing the standard of weights and measures throughout the united states - regulating the trade and managing all affairs with the Indians, not members of any of the states; provided that the legislative right of any state, within its own limits, be not infringed or violated - establishing and regulating post-offices from one state to another, throughout all the united states, and exacting such postage on the papers passing through the same, as may be requisite to defray the expenses of the said office - appointing all officers of the land forces in the service of the united States, excepting regimental officers - appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states; making rules for the government and regulation of the said land and naval forces, and directing their operations.

The united States, in congress assembled, shall have authority to appoint a committee, to sit in the recess of congress, to be denominated, “A Committee of the States,” and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction - to appoint one of their number to preside; provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expenses; to borrow money or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted, - to build and equip a navy - to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state, which requisition shall be binding; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them, in a soldier-like manner, at the expense of the united states; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the united states, in congress assembled; but if the united states, in congress assembled, shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.

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 defence 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 upon 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 navy, 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.

The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each State, on any question, shall be entered on the Journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.

Article X. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states, in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states, in the congress of the united states assembled, is requisite.

Article XI. Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.

Article XII. All bills of credit emitted, monies borrowed, and debts contracted by or under the authority of congress, before the assembling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united States, for payment and satisfaction whereof the said united states and the public faith are hereby solemnly pledged.

Article XIII. Every State shall abide by the determinations of the united states, in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the united states, and be afterwards con-firmed by the legislatures of every state.

And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union, Know Ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual. In Witness whereof, we have hereunto set our hands, in Congress. Done at Philadelphia, in the State of Pennsylvania, the ninth Day of July, in the Year of our Lord one Thousand seven Hundred and Seventy eight, and in the third year of the Independence of America.

Why the Articles of Confederation Failed

The first governmental structure of the 13 states lasted eight years

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The Articles of Confederation established the first governmental structure unifying the 13 colonies that had fought in the American Revolution . This document created the structure for the confederation of these newly minted 13 states. After many attempts by several delegates to the Continental Congress, a draft by John Dickinson of Pennsylvania was the basis for the final document, which was adopted in 1777. The Articles went into effect on March 1, 1781, after each of the 13 states had ratified them. The Articles of Confederation lasted until March 4, 1789, when they were replaced by the U.S. Constitution. They had lasted for just eight years.

Weak National Government

In response to widespread antipathy toward a strong central government, the Articles of Confederation kept national government weak and allowed for the states to be as independent as possible. But almost soon as the Articles took effect, problems with this approach became apparent. 

Strong States, Weak Central Government

The purpose of the Articles of Confederation was to create a confederation of states whereby each state retained "its sovereignty, freedom, and independence, and every power, jurisdiction, and right...not...expressly delegated to the United States in Congress assembled." 

Every state was as independent as possible within the central government of the United States, which was only responsible for the common defense, the security of liberties, and the general welfare. Congress could make treaties with foreign nations, declare war, maintain an army and navy, establish a postal service, manage Indigenous affairs , and coin money. But Congress could not levy taxes or regulate commerce.

Because of widespread fear of a strong central government at the time they were written and strong loyalties among Americans to their own state as opposed to any national government during the American Revolution, the Articles of Confederation purposely kept the national government as weak as possible and the states as independent as possible. However, this led to many of the problems that became apparent once the Articles took effect. 

Achievements

Despite their significant weaknesses, under the Articles of Confederation the new United States won the American Revolution against the British and secured its independence; successfully negotiated an end to the Revolutionary War with the Treaty of Paris in 1783 ; and established the national departments of foreign affairs, war, marine, and treasury. The Continental Congress also made a treaty with France in 1778, after the Articles of Confederation had been adopted by the Congress but before they had been ratified by all the states.

The weaknesses of the Articles would quickly lead to problems that the Founding Fathers realized would not be fixable under the current form of government. Many of these issues were brought up during the Annapolis convention of 1786 . These included: 

• Each state only had one vote in Congress, regardless of size.
• Congress did not have the power to tax.
• Congress did not have the power to regulate foreign and interstate commerce.
• There was no executive branch to enforce any acts passed by Congress.
• There was no national court system or judicial branch.
• Amendments to the Articles of Confederation required a unanimous vote.
• Laws required a 9/13 majority to pass in Congress.
• States could levy tariffs on other states' goods.

Under the Articles of Confederation, each state viewed its own sovereignty and power as paramount to the national good. This led to frequent arguments between the states. In addition, the states would not willingly give money to financially support the national government.

The national government was powerless to enforce any acts that Congress passed. Further, some states began to make separate agreements with foreign governments. Almost every state had its own military, called a militia. Each state printed its own money. This, along with issues with trade, meant that there was no stable national economy. 

In 1786, Shays' Rebellion occurred in western Massachusetts as a protest against rising debt and economic chaos. However, the national government was unable to gather a combined military force among the states to help put down the rebellion, making clear a serious weakness in the structure of the Articles.

Gathering of the Philadelphia Convention

As the economic and military weaknesses became apparent, especially after Shays' Rebellion, Americans began asking for changes to the Articles. Their hope was to create a stronger national government. Initially, some states met to deal with their trade and economic problems together. However, as more states became interested in changing the Articles, and as national feeling strengthened, a meeting was set in Philadelphia on May 25, 1787. This became the Constitutional Convention . The gathered delegates realized that changes would not work, and instead, the entire Articles of Confederation needed to be replaced with a new U.S. Constitution that would dictate the structure of the national government. 

• Who Were the Anti-Federalists?
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• The Original 13 U.S. States
• American History Timeline: 1783-1800
• The 10th Amendment: Text, Origins, and Meaning
• Shays' Rebellion of 1786
• Alexander Hamilton and the National Economy
• Constitutional Convention

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The first amendment, 10 reasons why america’s first constitution failed.

November 17, 2022 | by NCC Staff

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.

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.

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America’s First Failure at Government

The articles of confederation.

by Ted Brackemyre

A New Government

After the outbreak of the Revolutionary War, the thirteen American colonies needed a government to replace the British system they were attempting to overthrow. The Founding Fathers’ first attempt at such governance was formed around the Articles of Confederation. The Articles of Confederation were first proposed at the Second Continental Congress in 1777 in Philadelphia. They were fully ratified and put into effect in 1781. The reign of the Articles of Confederation was brief. Why did the articles of confederation fail? What were the flaws of the Articles of Confederation and how did it distribute power? Read more to discover why by 1789 the former colonies were under the law of a new governing document—the Constitution of the United States of America. 1

Power in the States’ Hands

The inherent weakness of the Articles of Confederation stemmed from the fact that it called for a confederacy—which placed sovereign power in the hands of the states. This is most explicitly stated in Article II, which reads: “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.” 2

Wary of Strong National Government

This distribution of power was chosen by the Founding Fathers because American colonists were wary of strong national governments. Having dealt with the British Crown for so many years, the American colonies did not want to create yet another out-of-touch, national government. Moreover, Americans identified most strongly with their individual colony, so it seemed natural to construct an American government based on powerful state governments.

That said, during its short lifespan, the Articles of Confederation became increasingly ineffective at governing the continually growing American states. The main cause of this ineffectiveness stemmed from a lack of a strong, central government. From the absence of a powerful, national government emerged a series of limitations that rendered the Articles of Confederation futile.

Specifically, the lack of a strong national government in the Articles of Confederation led to three broad limitations.

• Economic disorganization
• Lack of central leadership
• Legislative inefficiencies

Economic Disorganization

The first flaw of the Articles of Confederation was its economic disorganization which led to financial hardship for the emerging nation. By the late 1780s, America was struggling to compete economically and pay off the debts it accumulated in its fight for independence. These problems were made worse by a series of economic limitations present in the Articles of Confederation.

1. Congress could not regulate trade

In 1786, James Madison wrote a letter to Thomas Jefferson detailing the economic problems caused by disorganization and competition between the states:

“The States are every day giving proofs that separate regulations are more likely to set them by the ears than to attain the common object. When Massachusetts set on foot a retaliation of the policy of Great Britain, Connecticut declared her ports free. New Jersey served New York in the same way. And Delaware I am told has lately followed the example in opposition to the commercial plans of Pennsylvania. A miscarriage of this attempt to unite the states in some effectual plan will have another effect of a serious nature….I almost despair of success.” 3

America in the mid-1780’s was plagued by economic chaos that originated from the national government’s inability to manage trade. Under the Articles of Confederation, Congress had limited power to regulate trade. Congress was only able to regulate trade and commerce with Native American tribes and, even then, only if it did not impair an individual state’s ability to monitor its own trade. Congress had no ability to negotiate trade agreements with foreign countries. The central government could enact foreign treaties, but such treaties were specifically barred from policing imports and exports. 4  States, on the other hand, could make and enforce any trade restriction they saw fit. The only power they lacked was the ability to make foreign treaties. Since the central government had so little trade power, there was very little economic coordination amongst the states. Each state had its own agenda and import and export policies differed greatly from state to state

2. No uniform system of currency

Article IX of the Articles of Confederation stated, “The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective State.” 5  While Congress had the right to regulate all forms of American currency, the Articles failed to call for a singular form of currency. This meant that the national government could print money, but each state could as well. Consequently, America had no uniform system of currency which made trade between the states, and with foreign entities, much more difficult and less efficient.

3. No power of taxation

Only the states, not Congress, had the authority to impose taxes and raise revenue. Accordingly, Congress had to request for funds from the states. Per Article VIII, these funds “shall be supplied by the several States in proportion to the value of all land within each State.” 6  How that money was raised, within each state, was up to the state legislatures. Unfortunately, this money was oftentimes not raised by the states or given to the national government long after it was due. 7 As a result, Congress faced substantial revenue shortfalls. Without payment from the states, Congress struggled to pay off America’s foreign debts and was incapable of fulfilling its other tasks, such as managing foreign affairs. Moreover, the unpredictability of the central government’s revenue stream made establishing a national budget nearly impossible. Not knowing how much and when states were going to pay their share severely handicapped an already-limited national government.

In short, it was a lack of economic unity that brought about many of America’s economic woes during the years under the Articles of Confederation. Congress had few effective means to enforce its laws, raise revenue, or regulate the economy. The result was a disorganized economy that lacked the ability to pay for itself.

Lack of Central Leadership

The second series of limitations that the Articles of Confederation had to contend with deal with was the lack of central leadership it provided. As detailed earlier, the Articles placed sovereign power in the hands of the state. Most critically, this led to economic troubles, but it also led to a leadership deficit. Lack of national leadership took various forms.

1. No independent judiciary

The Articles of Confederation offered no system of courts in the jurisdiction of the national government. This meant that the entire judiciary branch was dependent on the states. According to Article IV, “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.” 8 Consequently, states could overturn national actions that they found objectionable. Since Congress had no means to enforce its laws, the states could simply ignore national laws without fear of retribution. Also, since there was no national court system, individual persons or states could not file complaints against the national government. The states could always ignore anything they disagreed with, but if a citizen had a grievance with the national government there was no system in place to hear the lawsuit.

2. No foreign affairs head

One of the glaring differences between the Articles of Confederation and its successor—the Constitution of the United States—was its lack of a chief executive. Most notably, the lack of a presidential figure or body left America without a representative to conduct foreign affairs. Britain actually complained of such difficulties, protesting that they did not know who to contact in order to initiate diplomacy. Without a single executive to act as the head of foreign affairs, America was at a serious diplomatic disadvantage.

3. Inability to deal with internal and external threats

It seems counterintuitive that a body of government would be tasked with declaring war, but not be allowed to commission an armed force. According to the Articles of Confederation, Congress had the sole power to make peace and war, but did not have the authority to raise an army of its own: “The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war.”  9 Instead, the national government had to rely on state militia. Since it was dependent on state troops, Congress was severely limited in its capabilities to quickly and effectively responding to internal and external threats. Abroad, Congress failed to defend American from the continuing threat of Britain following the Revolutionary War. Shortly after the signing of the Treaty of Paris in 1783, Britain began to break the agreement.

By 1784, the British were infringing upon American fishing rights and the British Royal Navy was impressing American sailors into forced conscription. Without the aid of a unified military, though, Congress was incapable of fighting back and protecting America’s sovereignty. At home, the inability of Congress to decisively put down the internal threat of Shay’s Rebellion was a direct result of the lack of a capable national army. The rebellion began in 1786 due to the post-war economic depression and the American government’s harsh policies in response to the economic downturn. Rebels initially protested peacefully, resisting the collection of taxes and debts from struggling Americans. 10  However, following the arrest of several of their leaders, rebels became much more militant. The national government failed to come up with the funds to raise an army capable of putting down the rebellion. It took a group of rich merchants from Massachusetts pooling their resources to pay for a militia. 11 The rebellion was eventually put down, but the inability of the national government to act effectively made the weaknesses of the Articles of Confederation ever more apparent. Shay’s Rebellion served as one impetus for the creation of a stronger, central government in the upcoming Constitution. 12

Legislative Inefficiencies

Lastly, the Articles of Confederation proved ineffective because of a set of rules that made legislating under this framework inefficient.

1. Each state had one vote

Per Article V, “each State shall have one vote.” 13 As a result, small states and large states had the same voting weight in Congress and there was no proportionality in voting matters. Considering the large discrepancy in state populations, states with larger populations were quite unhappy with this set-up. For example, in 1780, Virginia had over ten times the number of citizens as Delaware. In fact, Virginia had twice as many people as every state except for Pennsylvania, yet each state received only one vote in Congress. 14

2. Difficulty passing laws

In a pre-calculator era, one might think that ”one state, one vote” would make it easier to pass laws. Regrettably, the opposite rang true since it took the consent of nine of the thirteen states to approve legislation. This meant that blocking a bill took only five of the thirteen states. In 1780, the five least populated states—Delaware, Rhode Island, New Hampshire, Georgia, and New Jersey—had a total population of less than 400,000. Virginia, on the other hand, had a population of over 500,000. 15 Thus, a unified population smaller than the single state of Virginia could block any piece of legislation presented in Congress. A very small percentage of the American populace could preclude bills from passing that could benefit the majority of Americans.

3. Impractical amendment process

The most ironic of the Articles’ legislative inefficiencies was the difficult amendment process it detailed. Article XIII prohibited “any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.” 16 This meant that any amendment had to have the consent of the national Congress and all of the states. Requiring a unanimous vote made it extremely difficult to pass changes. Ironically, the fact that the Articles of Confederation was so poorly structured that it did not have mechanisms in place to fix itself. Ultimately, the Articles were scrapped altogether in favor of an entirely new governing document.

Articles v. Constitution

The main difference between the Articles of Confederation and the Constitution is that the Articles called for a confederate style of government, whereas the Constitution outlined a federal form of governance. The divergence between confederate and federal models occurs when a sovereign power is granted. 17

In a confederate government, that ultimate power resides in regional and local governments. The central government only has as much power as regional governments are willing to give to it. The only noteworthy examples are the Articles of Confederation and the Confederacy during the Civil War. Neither of these regimes lasted more than a decade.

In a federal government, sovereign power is given to both regional and central governments. A strong and clear constitution is needed in order that power is clearly divided. This notion of a separated government was popularized by the Constitution of the United States and can be found in modern politics in countries such as Canada, Germany, and Spain.

The third form of government, that neither the Articles nor the Constitution proposed, is a unitary government. Unitary governments place all power in the central government. Acting like the opposite of a confederacy, regional governments only have the power that is given to them by the national government. Modern unitarian governments include Britain, France, and Italy.

Primary Source Documents

• Articles of Confederation, March 1, 1781

Additional Resources

• The Articles of Confederation: Before the Constitution (video)
• Lessons Learned: The Articles of Confederation (video)

This article helps answer “why did the articles of confederation fail?” Themes: failures of the articles of confederation, articles of confederation lack of unity, flaws of the articles of confederation, articles of confederation ineffective, problems with the articles of confederation, reasons why the articles of confederation failed, flaws of articles of confederation, failure of articles of confederation, limitations of articles of confederation, powers or institutions the national government did not have under the articles of confederation, articles of confederation and taxes, articles of confederation and currency.

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Lesson Plan: The Weaknesses of the Articles of Confederation

The Origin of the Articles of Confederation

Peter Hanson Michael discussed the origins of the Articles of Confederation, specifically referencing John Hanson's role in the government under the Articles of Confederation.

Description

After the Declaration of Independence, the former colonies needed a constitution to help organize the new country. The Articles of Confederation was adopted by the Second Continental Congress in 1777 and served as the basis of government until it was replaced by the current U.S. Constitution in 1788. This lesson has students learn about the weaknesses of the Articles of Confederation by viewing clips from experts and has them predict solutions to these problems.

Have the students answer the following questions. Review the answers and discuss afterwards.

• Describe the structure of government that the colonies had under British rule. Who had the power? How were decisions about the colonies made?
• Describe the type of government the former colonists might create for their new country as a reaction to British rule.

INTRODUCTION:

As a class, watch both of the following clips about the beginning of the Articles of Confederation. Have the students answer each of the questions below and on the Handout: Articles of Confederation. (Google Doc.)

Video Clip: The Origin of the Articles of Confederation (5:25)

Video Clip: Articles of Confederation (3:01)

• Explain the events that were taking place during the creation and ratification of the Articles of Confederation.
• How did the 2nd Continental Congress handle land grants and western expansion? Why is this significant?
• Describe the structure of government under the Articles of Confederation.
• What powers did the national government have under the Articles of Confederation?

ASSIGNMENT:

Have the students watch each of the following video clips. Students should take notes on the weaknesses, limitations and failures of the Articles of Confederation on the handout (Google Doc).

Video Clip: Why the Articles of Confederation Failed (3:37)

Video Clip: Articles of Confederation (3:26)

Video Clip: George Washington and the Articles of Confederation (3:16)

Video Clip: The Articles of Confederation and Shay's Rebellion (5:05)

Video Clip: Articles of Confederation and the Annapolis Convention (1:19)

Using the Handout: Articles of Confederation (Google Doc.) the students will make a list of weaknesses of the Articles of Confederation. For each weakness, students will explain why it is a problem and predict how this problem could be fixed when creating a new constitution.

CONCLUSION:

As a class, review the weaknesses of the Articles of Confederation and go over the students' predictions for the new constitution. After reviewing the weaknesses, view the video clip on the Constitutional Convention as a class. After viewing the clip, students will discuss the following question either in small groups or as a class:

Based on the clip, how did the new Constitution address the problems and weaknesses of the government under the Articles of Confederation? Provide specific examples to support your point.

EXTENSION ACTIVITIES:

Argumentative Essay Free Response Question- Respond to this writing prompt presented in the style of the Argumentative Question component of the redesigned AP Government and Politics exam.

Constitution Clips- Using C-SPAN Classroom's Constitution Clips site, students will identify individual parts of the Constitution that address each of the weaknesses and limitations of the Articles of Confederation.

Political Cartoon- Students will create a political cartoon about one or more of the weaknesses of the Articles of Confederation.

Letter to the Editor- Students will write a letter to the editor from the perspective of an American living during the time of the Articles of Confederation. Include your view of the Articles of Confederation and what should be done about it.

Summarize the Articles- Using the text of the Articles of Confederation, summarize each of the articles within the Articles of Confederation.

Articles in Modern Times- Imagine that we still had the Articles of Confederation as our government. Pick a current crisis or major event and describe how the government under the Articles of Confederation would react to it. Evaluate the effectiveness of this reaction.

Related Articles

• Avalon Project - Articles of Confederation : March 1, 1781
• The Articles of Confederation: Primary Documents of American History (Virtual Programs & Services, Library of Congress)

Additional Resources

• Bell Ringer: The Articles of Confederation and Foreign Policy
• Bell Ringer: Dissenters at the Constitutional Convention
• Lesson Plan: The Constitutional Convention
• Handout: Articles of Confederation - Google Docs
• Annapolis Convention
• Articles Of Confederation
• Constitution
• Constitutional Convention
• Declaration Of Independence
• Federal Government
• General Welfare

Home — Essay Samples — History — Articles of Confederation — Strengths And Weaknesses Of The Articles Of Confederation

Strengths and Weaknesses of The Articles of Confederation

• Categories: Articles of Confederation

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Published: Mar 5, 2024

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The Articles of Confederation

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Weaknesses of the Articles of Confederation

The Articles of Confederation was the precursor to the US Constitution, which replaced it. The Articles of Confederation needed changing because they didn’t work.

What were the weaknesses of the Articles of Confederation?

The main weakness of the Articles of Confederation was that the central government didn’t have enough power . Read on to find out what problems this caused to the country.

Why didn’t the Articles of Confederation work?

The us constitution was the precursor to the articles of confederation.

The United States Constitution is one of the oldest constitutions still in use today, providing the foundation for the rule of law in America for nearly 250 years.

However, it is important to note that the US Constitution, composed in 1 787 and officially adopted in 1789, was the second constitution created by the Founding Fathers .

The first constitution, drafted and adopted by Congress in 1777 and ratified by all the states in 1781, was known as the Articles of Confederation.

Initially, the Articles of Confederation was groundbreaking

The Articles of Confederation were groundbreaking for the Founding Fathers , providing an early governance blueprint. They guided the United States through the latter days of the Revolutionary War and the first few years of its independence from Great Britain.

Although they were initially successful in directing the early republic, they soon became obsolete as they failed to address many significant problems not foreseen by the Continental Congress .

Weak Central Government – Taxation

Probably the biggest flaw in the Articles of Confederation was their inability to impose taxation effectively on the states.

The states contributed revenue to the federal government based on the value of privately owned land within the state. However, it wasn’t easy to collect revenue because the federal government was prohibited from independently imposing taxes and lacked an executive branch to enforce laws. 

Under the guidelines laid out in the Articles of Confederation, the federal government would request revenue from states, formally known as a requisition.

Special requisitions were paid in gold or silver coinage, whereas indent requisitions involved states paying interest on government bonds.

Federal Government was unable to police tax demands

Unfortunately, many states ignored requisition requests, knowing they were nearly impossible for the national government to enforce.

The weak and inefficient taxation process in the early days of the United States had dire consequences, as it deprived the government of sorely needed funds of conducting a war against Great Britain.

Alexandra Hamilton investigated non-payment of taxes

Founding father Alexander Hamilton published a record of requisition requests from 1781 to 1789, finding that states only provided about 25% of the funds requested by the federal government.

A more streamlined, enforceable process was needed if the early republic would survive. 

Weak Central Government – Commerce and Coinage 

The Articles of Confederation also failed to give the national government effective oversight of trade and commerce.

Incredibly, all interstate and foreign commerce were supposed to be handled by individual states. This caused a lack of uniformity that would severely handicap trade. States were allowed to impose tariffs on each other and make separate deals with foreign nations.

Lack of oversight on currency

The potential conflicts of interest arising from these arrangements could easily result in civil war or wars with foreign nations.

Although the Articles of Confederation emphasized the unity of the states in defending themselves, the current economic arrangement and weakness of the federal government allowed for some states to ally with a foreign nation against fellow states over trade controversies.

Leaving the regulation of commerce up to individual states was not a realistic arrangement that could survive over time.

States were also given the liberty to issue currency. Congress was expressly given the authority to set and regulate currency weights, values, and measurements.

Weak Federal Government

Given the inherent weakness of the federal government in enforcing any law, it is easy to see the economic chaos that would ensue with individual states producing currency.

Individual states could ignore the currency standards laid out by Congress and manipulate their currency to benefit their own economic interests. 

Legislative Proceedings 

The legislative proceedings in the Articles of Confederation also presented problems, as they established guidelines that seemed to hinder the transparency of governmental proceedings.

Members of Congress met in secret, behind closed doors. No spectators or members of the general public were allowed to observe the proceedings.

The underlying secrecy established in the Articles of Confederation contrasted sharply with government proceedings under the US Constitution, which were readily available to the public.

Legal Transparency

Although members of the Constitutional Convention met behind closed doors, once the new United States Constitution was established, the federal government quickly became a public forum of debate.

It is doubtful that the federal government would have continued to meet in secret, given the emphasis on liberty and freedom that the country was founded on effectively. 

No Judicial Branch

One of the biggest long-term problems with the Articles of Confederation was that they didn’t establish a federal court system or judicial branch of government.

The framers probably thought that the weak federal government would preclude the need for a Supreme Court to curb its power and declare its laws unconstitutional.

States ultimately were responsible for establishing courts and resolving legal disputes within their borders and between themselves.

The Articles of Confederation provided a rudimentary judicial process for resolving legal disputes between states if they couldn’t resolve these themselves.

In this situation, Congress would pick three individuals from every state for a total of 39 people to potentially serve as a quasi-legal body in the proceeding.

Both parties to the legal dispute would be directed to eliminate members from this body, similar to a jury selection process until the list of individuals was narrowed to 13.

Congress would then employ a lottery system to pick 5-9 individuals from the remaining group of 13, who would then serve as judges.

Weakness of Articles of Confederation Justice System

A majority would determine the outcome of the case. While this system was a creative method to resolve legal disputes, it was far too time-consuming to address the high number of legal disputes that would inevitably arise between states.

Only a full-time federal court system headed by a Supreme Court would have the time and resources to function as an arbitrator for interstate legal cases. 

No Executive Branch

Another severe weakness of the Articles of Confederation was their lack of an executive branch of government, an overreaction to the conflicts the original colonies had with King George III.

The Founding Fathers feared that the presence of any executive branch led by a president would inevitably result in abuse of power by that officer.

The only semblance of centralized authority in a single officer was the president of Congress, but this individual was limited to serving one year in three years.

Fears over a fair Presidency

Despite the legitimate fears over the abuse of power in a president shared by the original 13 American colonies, an executive branch was still a necessary part of the government.

A president was better suited to conduct wars with foreign nations and deal with other national crises than a legislative body, which was more vulnerable to factions and rivalries.

Providing a single, stabilizing figure to represent governmental authority when dealing with foreign emissaries and dignitaries was also more efficient.

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Relationship between Executive and Judicial

Most importantly, a president and other necessary officials associated with an executive branch would be vital to enforcing laws passed by the legislative branch.

Under the structure established by the Articles of Confederation, states possessed most of the power to govern. They could theoretically ignore laws passed by Congress.

Civil war would be far more likely without an executive branch, as only individual states would have the authority to enforce federal laws upon other states. 

Unicameral Legislative Branch 

The unicameral legislative branch created by the Articles of Confederation was not a unique structure, as many republics worldwide had previously established this type of government .

However, this system put many responsibilities and duties on the body, even with the majority of governance residing with the states.

As the country grew, a single legislative body in control of federal authority would have the same opportunity to abuse its power as a single executive officer.

Problems of a unicameral legislative branch

Additionally, a unicameral legislative branch was more likely to cause problems arising from state representation among its members.

One of the most critical responsibilities in a republican form of government is to properly protect the rights of the minority while simultaneously allowing a government to evolve and operate efficiently.

A bicameral legislature better addresses this issue by allowing one body’s representation to be determined by state population and another to have equal state representation. 

One Vote for Each State

The Articles of Confederation stipulated that every state must send at least two, but not more than seven, representatives to Congress.

Differences in representation totals were irrelevant as each state received one vote on all federal legislation.

As a result, instead of being comprised of single representatives, the Congress created by the Articles of Confederation comprised state delegations who would vote and function as individuals.

Inequality between states

The one-vote system eliminated the influence of larger states and left the federal government severely hampered by a vocal minority of sparsely populated states.

Understandably, larger states grew to resent the influence of smaller states, as larger states provided the majority of the manpower and resources to fight for the independence of all 13 colonies.

A more equitable system was desperately needed to properly represent the greater populations of larger states. 

2/3rd Vote Required to Pass Legislation

Further hamstringing governmental operations of the early government under the Articles of Confederation was the 2/3 majority vote required to pass legislation.

While not as hard as the unanimous vote required to amend the Articles of Confederation, requiring 9 out of 13 states to approve legislation was still tricky.

Many important votes over the years, some monumental pieces of legislation involving civil rights , anti-trust law, and taxation, would have been impossible under this requirement.

Any republican form of government established on democratic principles will, by nature, result in significant partisan divisions as humans, by nature, have different opinions and beliefs.

Purpose of Republican Government

The purpose of a republican form of government is to incorporate some of those opinions in beliefs in governance, all while safeguarding against the excesses of mobocracy. A 2/3 majority vote was not a realistic expectation for a republican government to run efficiently.

The Founding Fathers eventually recognized the inevitability of close votes amid partisan division in a republic, evidenced by the US Constitution’s provision for a vice president to cast the deciding vote in a 50-50 tie in the Senate.

Sometimes, practicality is more important than ideology for a government to function.

The 2/3rds vote requirement initially laid out in the Articles of Confederation was eventually reapplied in the US Constitution as a provision for overturning a president’s veto . 

Amending the Articles of Confederation

One of the most debilitating aspects of the Articles of Confederation was the process established to revise them. A unanimous vote by all 13 states was required to amend them, an almost impossible roadblock to any change.

Throughout the early years of the United States, changes were desperately needed as the weaknesses of the Articles of Confederation became apparent but could never be implemented as at least one state always vetoed the attempt.

The unrealistic amendment approval process was a reflection of the inability of the early government to properly balance the needs of the majority with the needs of the minority .

Importance of Amendments Process

Amending a constitution is one of the most important provisions of a government, evidenced by the 27 different times the current US Constitution has been amended.

The original process would have delayed several vital changes, such as outlawing slavery or giving women the right to vote . 

Military Limitations 

The Articles of Confederation expressly prohibited a national army or military during times of peace.

It delegated all responsibility for military protection during peacetime to states, allowing them to garrison forts and protect trade and commercial interests from Indian attacks or piracy.

States were also required to maintain a militia and possess a “due number” of military equipment and supplies, a rather vague delineation that could be interpreted broadly.

While the United States maintained a relatively small national army during peacetime for most of its history up until World War 2, prohibiting the existence of a national army is simply irresponsible.

If this provision was also included in the US Constitution, it would have made the United States vulnerable to foreign invasion, specifically for the upcoming War of 1812.

A national army, even a small one, is still an effective deterrent against foreign aggression. 

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Course: US history   >   Unit 3

• The Articles of Confederation
• What was the Articles of Confederation?

Shays's Rebellion

• The Constitutional Convention
• The US Constitution
• The Federalist Papers
• The Bill of Rights
• Social consequences of revolutionary ideals
• The presidency of George Washington
• Why was George Washington the first president?
• The presidency of John Adams
• Regional attitudes about slavery, 1754-1800
• Continuity and change in American society, 1754-1800
• Creating a nation
• In August 1786, Revolutionary War veteran Daniel Shays led an armed rebellion in Springfield, Massachusetts to protest what he perceived as the unjust economic policies and political corruption of the Massachusetts state legislature.
• Shays’s Rebellion exposed the weakness of the government under the Articles of Confederation and led many—including George Washington—to call for strengthening the federal government in order to put down future uprisings.
• The rebellion, which revived the rhetoric of the American revolution, shaped debate over the proper scope and authority of the US government that ultimately resulted in the creation of the US Constitution .

Daniel Shays and the plight of farmers and veterans

Shays’s rebellion and its consequences, what do you think.

• For more, see Sean Condon, Shays’s Rebellion: Authority and Distress in Post-Revolutionary America (Baltimore, MD: Johns Hopkins University Press, 2015).
• David P. Szatmary, Shays’s Rebellion: The Making of an Agrarian Insurrection (Amhert: University of Massachusetts Press, 1980), 102.
• See Leonard L. Richards, Shays’s Rebellion: The American Revolution’s Final Battle (Philadelphia: University of Pennsylvania Press, 2002).

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11 Pros and Cons of Articles of Confederation

The Articles of Confederation was the first constitution that was approved in the United States. The Continental Congress adopted the articles on November 15, 1777, but complete ratification of the constitution did not occur until March of 1791. This allowed the colonial states to band together officially during a time of war, creating a centralized government that would be able to work with the 13 states.

The primary advantage that the Articles of Confederation provided was its ability to maintain the independence and sovereignty of each state within the union. At the same time, the states could use the articles to band together, send ambassadors to other nations overseas, and handle territory issues.

As the young United States began to grow, the primary disadvantages of the Articles of Confederation began to be seen. The centralized government was made purposefully weak to limit its powers. Delegates of the government discovered these limitations made it difficult to handle economic problems, trade disputes, and other state-based issues because every state had so much independence.

Here are some more of the pros and cons of the Articles of Confederation to think about and discuss.

What Were the Pros of the Articles of Confederation?

1. It offered the first chance to experience unity. Although the various colonies had come together in a mutual fight against the British for independence, the US was hardly a united nation. There were many loyalists that had been part of the colony population during the Revolutionary War as well. The Articles of Confederation became the first major attempt to bring everyone together under an umbrella of unity, no matter what their individual perspectives happened to be.

2. It gave the colonies a chance to go global. Many of the world’s governments may have supported the cause of the colonies leading up to the Revolutionary war, but they couldn’t officially support them. Without a centralized government, there was no way to communicate globally at the highest levels. The Articles of Confederation let the rest of the world know that the colonies were ready to be taken seriously.

3. It allows for colonists to still experience free movement. There was no need to carry papers or apply for a visa when traveling throughout the United States thanks to the Articles of Confederation. This constitution helped to establish borders and honor each state’s sovereignty at that level, but also declared that the colonists were Americans, free to go to whichever colony or state whenever they wished.

4. It encouraged trade. With the Articles of Confederation created a confederacy of states, trade and other financial opportunities were encouraged internally. Instead of looking internationally for needed goods or services, this constitution encouraged the various states to work with one another so that everyone could benefit from the transaction. This fostered even more unity, eventually leading the US to develop a personality at the national level.

5. It required complete agreement to make changes to it. Maryland was the last state to ratify the Articles of Confederation, nearly 2 years later than any other state. To make any changes to the articles, all 13 states would be required to ratify the change. That made it difficult to change the constitution, which was attempted twice, providing a level of governing consistency that everyone could rely upon.

What Were the Cons of the Articles of Confederation?

1. It took a long time for it to be fully implemented. There were numerous weaknesses with the Articles of Confederation because there was such an emphasis on being “different” than Britain. For starters, there wasn’t really an executive branch under that constitution in an effort to avoid having a king. The national government had no ability to impose laws on states. Leadership from Congress had little influence. As time went by, it was clear that this first constitution wouldn’t be able to fully unify the colonies as everyone wanted.

2. It had no authority to regulate commerce. This authority was delegated to the states. Even though the articles gave the US the power to negotiate international treaties and perform other tasks, there was no centralized authority for commerce. That meant an international government could negotiate a treaty with the US, but any trade opportunities had to be independently negotiated with each state. That difficulty limited many of the available trade opportunities at the time.

3. It had not authority to levy taxes. A government requires funds to operate. The Articles of Confederation provided no authority to levy taxes on the population, a holdover likely from the taxation without representation protests that had occurred in the months and years prior to the writing of the constitution. They could coin money and maintain an armed force, but relied on the states to provide the financial means to do so. These issues would eventually spell the end of the Articles of Confederation as a governing document.

4. It provided too much independence. Because of the lack of commerce regulation built into the Articles of Confederation, each state acted as its own small “nation” and treated other states like they were an alliance instead of a fellow patriot. At one point in the 1780s, each state was even issuing its own currency. This led to high levels of inflation, which reduced the economic powers of each state. It became clear that the only solution would be to centralize these needs instead of enjoying complete independence.

5. It placed value on slavery. One of the sticking points of the Articles of Confederation was taxation assignment. The southern states wanted only white citizens to be counted for taxation purposes. The northern states wanted every person, except Native Americans, to be counted for taxing purposes. Eventually, a compromise was reached that based taxation on land and improvements. Since slaves were often listed as property, their value was actually taxed by the new government structures.

6. It restricted the ability to act in an emergency. After the Treaty of Paris, territories in the west beyond the original colonies were declared to be US territories. Despite this agreement, the British continued to occupy posts in the Old Northwest. Merchants from the US were barred from entering the British West Indies. Despite efforts to amend the articles so these issues could be addressed, a decision could not be reached. Ultimately, the failure to find a path forward led to the Articles of Confederation being removed as a governing guideline.

The pros and cons of the Articles of Confederation helped to shape the United States into the country it is today. This early constitution may have been far from perfect, but it did encourage dialogue and foster state-to-state relationships that would provide a cornerstone for what would eventually become the Constitution.