What are two differences between the governments created under the Articles of Confederation and the United states Constitution?

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?

On this day in 1781, the Articles of Confederation, the first American constitution, became the official law of the land.  It didn’t last a decade, however, for several reasons.

The Second Continental Congress approved the document on November 15, 1777, after a year of debates. The British capture of Philadelphia helped to force the issue.  The Articles formed a war-time confederation of states, with an extremely limited central government.  The document made official some of the procedures used by Congress to conduct business, but many of the delegates realized the Articles had limitations.

Two days later, Congress submitted the Articles to the states for immediate consideration. However, it took until March 1, 1781, for this “immediate” consideration to become final.

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 was the last state to sign the Articles on March 1, 1781, after it settled a land argument with Virginia.

2. The central government was designed to be weak and decentralized. The Articles established that “the United States of America” was a perpetual union formed to defend the states as a group, but it provided few central powers beyond that—it didn’t include an executive official or judicial branch.

3. The Articles Congress only had one chamber and each state had only 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 interest. The states also retained sovereign rights held under their colonial charters.

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 also 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. While the Articles technically barred states from entering into any “conference, agreement, alliance, or treaty” with a foreign government, states were nevertheless 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 with other countries extremely difficult.

9. The Confederation government couldn’t help settle Revolutionary War-era debts, due to its lack of power to tax. 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 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.”

Also, concerns about trade and the need for a uniform economic system 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 started the process that ended the era of the Articles of Confederation.

The Articles of Confederation created a Nation that was "a league of friendship and perpetual union,” but it was the state governments that had most of the power under the Articles, with little power given to the central government. Congress, for example, had to rely on the states for its funds and to carry out its official orders. Because of this, the central government could not accomplish much because it had limited authority over states or individuals in America.

Because of the fear that resulted from the colonial experience under the centralized government of Great Britain, the committee had been careful to give the states as much independence as possible, while also clearly stating the limited functions of the Federal Government. Several years would pass and many revisions would occur before the Articles were finally adopted. The delay was caused by concerns with the Revolutionary War and disagreements among the 13 states over such things as boundary lines and the conflicting decisions reached by the courts of the different states. The smaller states wanted equal representation in Congress with the larger states, while states with larger populations did not want to pay an extensive amount of money to the Federal Government if taxation was based upon population. There was also wide disagreement over who would control the western territories of North America. The states that did not have frontier borders wanted the government to control the sale of these lands so that all states could benefit. States with frontier borders, on the other hand, wanted to control as much of the territory land as they could in the hopes of expanding their borders.

After much discussion and compromise, the Articles of Confederation were adopted by the Second Continental Congress on November 15, 1777. The Articles were composed of a preamble and 13 articles. The document maintained the aspect of voting done by states and taxes were based upon the value of buildings and land and not by a state’s population. The Articles also specified that no state could be deprived of territory for the benefit of the country and that all 13 states had to agree to any amendment of the Federal Government’s power.

The Articles of Confederation became the ruling document in the new Nation after they were ratified by the last of the 13 American states, Maryland, in 1781. The Articles created a nation that was "a league of friendship and perpetual union." The state governments retained most of the power under this framework, with a subordinate position given to the central government. The central government commanded little respect and was not able to accomplish much because it had little jurisdiction over states or individuals.

The following were challenges in governing the new Nation under the Articles of Confederation:

  • Congress, or the central government, was made up of delegates chosen by the states and could conduct foreign affairs, make treaties, declare war, maintain an army and a navy, coin money, and establish post offices. However, measures passed by Congress had to be approved by nine of the 13 states.
  • Congress was limited in its powers. It could not raise money by collecting taxes and had no control over foreign commerce; it could pass laws but could not force the states to comply with them. The Government was dependent on the cooperation of the various states to carry out its measures.
  • The articles were nearly impossible to change, so problems could not be corrected.

In the words of George Washington, the government created by the Articles of the Confederation was "little more than a shadow without the substance." There was clearly a need for a stronger central government, so leaders from throughout the newly formed states met at the Constitutional Convention in 1787 to address that issue, and the Constitution of the United States of America was drafted to replace the Articles of Confederation.

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The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787. The present United States Constitution replaced the Articles of Confederation on March 4, 1789.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?

The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777, but the states did not ratify them until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. Once peace removed the rationale of wartime necessity the weaknesses of the 1777 Articles of Confederation became increasingly apparent. Divisions among the states and even local rebellions threatened to destroy the fruits of the Revolution. Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, almost immediately began working toward strengthening the federal government. They turned a series of regional commercial conferences into a national constitutional convention at Philadelphia in 1787.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?

“An opinion begins to prevail that a general convention for revising the articles of Confederation would be expedient.”

John Jay to George Washington, March 16, 1786

Shortly after the revolutionary war began at Concord and Lexington, Benjamin Franklin submitted this plan for a united colonial confederation or American republic to the Continental Congress on July 21, 1775.

Thomas Jefferson, a fellow delegate, annotated his copy of Franklin’s plan, which began a national debate on the creation of an American Republic.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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Benjamin Franklin. Plan for a Confederation, July 21, 1775. Printed document annotated by Thomas Jefferson. Thomas Jefferson Papers, Manuscript Division. Library of Congress (46.01.01) [Digital ID#s us0046a_2, us0046a, us0046a_1]

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Writing the Articles of Confederation

In 1781, James Madison (1751–1836) asked Thomas Jefferson (1743–1826) for his account of those tumultuous pivotal days in which the Declaration of Independence and the Articles of Confederation were drafted. Recognizing the importance of the process for the Revolution and for posterity, Thomas Jefferson prepared his notes of the proceedings in Congress, June 7–August 1, 1776. On this page, Jefferson’s notes reflect his interest in Article XVII, about representation in Congress.

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    Thomas Jefferson. Notes on Debates in the Continental Congress, June 7–August 1, 1776 [ante 1781]. James Madison Papers, Manuscript Division, Library of Congress (046.05.01) [Digital ID#s us0046_05p1, us0046_05a]

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  • What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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    Thomas Jefferson. “Notes of Proceedings in Congress on Drafting the Articles of Confederation and Perpetual Union,” [July 12–August 1, 1776]. Thomas Jefferson Papers, Manuscript Division, Library of Congress (046.03.00) [Digital ID# us0046_03p1]

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After undergoing more than a year of planning and compromise in the Continental Congress, the Articles of Confederation and Perpetual Union Between the States was finally ready to be sent to the states for ratification. Nearly four years would pass before all thirteen states had ratified the document—Maryland being the last to ratify on March 1, 1781—and it was put into action. The Articles provided for a one-house legislature, a weak executive, no national power of taxation, a lack of standard currency, and voting by state—flaws that would eventually lead to its failure.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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United States Continental Congress. Articles of Confederation and Perpetual Union Between the States. . . . Lancaster: Francis Bailey, 1777. Pamphlet. Rare Book and Special Collections Division, Library of Congress (048.05.00) [Digital ID# us0048_05]

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The Articles of Confederation and Perpetual Union was the first constitution of the United States. After more than a year of consideration, it was submitted to the states for ratification in 1777, but not enough states approved it until 1781. The Articles provided for a weak executive branch, no national power of taxation, and voting by states.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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[United States Continental Congress]. Articles of Confederation and Perpetual Union Between the States of. . . . Williamsburg, Virginia: J. Dixon & W. Hunter, 1778. Rare Book and Special Collections Division, Library of Congress (048.04.00) [Digital ID# us0048_04]

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After Maryland’s ratification established the Articles of Confederation as the first United States constitution, Thomas Rodney (1744–1811), a delegate to the Continental Congress from Delaware, recorded in his diary on March 1, 1781, that “the Completion of this grand Union & Confederation was announced by Firing thirteen Cannon on the Hill” in Philadelphia.

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Between March 1, 1781, when the Articles of Confederation were enacted, and November 5, 1781, when a new Congress convened, Samuel Huntington and Thomas McKean served briefly as presidents of the body. Samuel Johnston had declined the presidency when elected. When the first Confederation Congress met on November 5, 1781, it elected John Hanson (1715–1783), delegate from Maryland, as its president. In this letter, Charles Thomson (1729–1824), secretary of Congress, informs George Washington of Hanson’s election. According to the Articles, the president of the Congress presided only over Congress; George Washington, chosen after the ratification of the Federal Constitution, was the first president of the United States.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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Letter from Charles Thomson to George Washington, November 5, 1781. Manuscript. George Washington Papers, Manuscript Division, Library of Congress (48.01.00) [Digital ID# us0048_01]

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With these words, Henry Knox (1750–1806), George Washington’s former artillery commander, described to Washington an uprising of indebted farmers and laborers in Massachusetts led by Daniel Shays in 1786 and 1787. Shays’ Rebellion was caused by excessive land taxation, high legal costs, and economic depression following the American Revolution, which threatened the stability of the Confederation. The protest was one of several that exposed the need to curb the excesses and inequities of state governments and led men such as Knox and Washington to seek remedies in a stronger national government.

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Abigail Adams (1744–1818) predicted that the 1786 rebellion in Massachusetts led by Daniel Shays (ca. 1741–1825) “will prove sallutary to the state at large,” even though it was led by “ignorant, wrestless desperadoes, without conscience or principals.” Many in the United States believed a strong national government was needed to prevent such local uprisings against legitimate government. Shays and Job Shattuck (1736–1819), both veterans of the Revolutionary Army and leaders of the 1786 rebellion, are depicted in this scene.

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In September 1786, delegates from five states met in Annapolis, Maryland, ostensibly to discuss barriers to trade under the Articles of Confederation. The commissioners decided that not enough states were represented to make any substantive agreement. Despite the failure of the “Annapolis Convention” to attract broad support, the nationalist delegates who had attended it, including Alexander Hamilton and James Madison, pressed on with a recommendation for a national convention to address defects in the Articles of Confederation.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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Letter from James Madison to James Monroe, September 11, 1786. Manuscript. James Madison Papers, Manuscript Division, Library of Congress   (51.01.00) [Digital ID# us0051_01]

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The Northwest Ordinance, adopted by the Confederation Congress on July 13, 1787, established a precedent for the organization of territories outside of the nation’s original thirteen states. A minimum of five territories or states were to be created. Each was to have a republican government with an executive, legislative council (upper house), assembly, and judiciary. Not only was the territory north and west of the Ohio River to be settled by Americans and admitted into full statehood in the union, but the Ordinance stipulated that those territories would be free from slavery or involuntary servitude and have a bill of rights.

What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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United States Continental Congress. Ordinance for the Government of the Territory of the U.S. Northwest of the Ohio. New York, 1787. Broadside. Rare Book and Special Collections Division, Library of Congress (049.04.00) [Digital ID# us0049_04]

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The Northwest Ordinance, adopted by the Confederation Congress on July 13, 1787, established a precedent for the organization of territories outside of the nation’s original thirteen states. A minimum of five territories or states were to be created. Each was to have a republican government with an executive, legislative council (upper house), assembly, and judiciary. Not only was the territory north and west of the Ohio River to be settled by Americans and admitted into full statehood in the union, but the Ordinance stipulated that those territories would be free from slavery or involuntary servitude and have a bill of rights. Nathan Dane (1752–1835), who authored the clause prohibiting slavery, annotated this copy.

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Philadelphia, site of both Continental Congresses, was one of the most urban, advanced cities in America in the eighteenth century. Originally drawn by George Heap (1714–1752), a surveyor and mapmaker in Philadelphia, and Nicolas Scull (1687–1762), Surveyor General of the Province of Pennsylvania, this map was engraved and published by Matthäus Albrect Lotter (1741–1810), and shows streams, roads, and names of the landowners in the vicinity of Philadelphia. The bottom of the map contains an illustration of the State House, home of the second Continental Congress and the Federal Convention of 1787.

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James Madison worried that George Washington would waste his political capital by attending an “abortive” convention. He thought Washington should delay his appearance until some progress at the Constitutional Convention had been made and suggested that in the meantime, Benjamin Franklin might provide “sufficient dignity into the Chair.” Before Madison could address the matter, however, Washington had already left for Philadelphia, as indicated by this letter from John Dawson (1762–1814), a fellow Virginian, who realized the high stakes of the convention.

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During the American Revolution the Continental Congress issued paper currency to finance the Revolutionary War. These notes, called “Continentals,” had no backing in gold or silver, but were instead backed by the “anticipation” of tax revenues. Easily counterfeited and without solid backing, the notes quickly lost their value, so that the term “not worth a Continental” became common slang. After the war Congress and the state governments continued to produce money contributing to what Madison referred to as the “mortal diseases” of the government under the Articles of Confederation and resulting in calls for a new federal constitution to strengthen the national government.

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    United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division, Library of Congress (136.00.00) [Digital ID # us0136]

  • What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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    United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division, Library of Congress (136.01.00) [Digital ID# us0136_01]

  • What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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    United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division, Library of Congress (136.02.00) [Digital ID# us0136_02]

  • What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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    United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division, Library of Congress (136.03.00) [Digital ID# us0136_03]

  • What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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    United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division, Library of Congress (136.04.00) [Digital ID# us0136_04]

  • What are two differences between the governments created under the Articles of Confederation and the United states Constitution?
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    United States Continental Congress. Paper currency, 1775–1777. Printed by Hall and Sellers; Rhode Island. Paper Currency, 1786. Printed by Southwick and Barber. Marian Carson Collection, Manuscript Division, Library of Congress (136.05.00) [Digital ID# us0136_05]

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Rufus King (1755–1827), a member of the Confederation Congress and a delegate to the Federal Constitution Convention of 1787, expressed concern for a 1785 Massachusetts legislative call for a national convention to revise the Articles of Confederation. In his letter to Nathan Dane (1752–1835), a Massachusetts delegate to the Confederation Congress and architect of the Northwest Ordinance of 1787, King correctly predicted that any new government would be less republican and that the larger states would want more control of the new government. The Massachusetts delegates refused to submit the request to Congress or to the other states.

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