Proposed by the Second Continental Congress in 1777, and finally ratified by all the states in 1781, the Articles of Confederation was the first national constitution. Although many have since written off the Articles of Confederation as a complete failure, at the time it created a viable form of government that reflected the needs and concerns of many Americans. The authors of the Articles saw the threat of too much government as much more ominous than an excess of liberty, and therefore they intentionally sought to limit the powers of the national government. Furthermore, the Articles were successful in that they helped to bring about the Continental victory in the Revolutionary War (1775-83). There were other notable achievements under the Articles, including the Northwest ordinances.

The Second Continental Congress drew up the Articles of Confederation to create a form of government for the colonies of North America then in revolt against Great Britain. Having convened in May 1775, Congress had begun to operate as a government, and when war broke out, the body raised an army (see Continental Army) and established diplomatic contacts. However, its powers were not defined, and as the war continued and independence loomed, many in Congress wanted a more formal central government that could coordinate operations, support the army, and gain allies. Congress organized a committee in June 1776 to create a plan of perpetual union. Chaired by John Dickinson of Pennsylvania, the committee worked quickly and submitted its draft to Congress within a month. This draft gave the government a great deal of power, with only one serious restriction: It could not impose taxes except in relation to the post office. As Congress began to debate the committee's proposals, there was immediate disagreement over how strong a central government should be. Some members believed that the union should be only a loosely organized confederation of states. This group--thinking that a strong centralized government would be detrimental to the people's liberty and that power should be kept as close to the populace as possible--feared that a new oppressive government was about to replace the one they had so recently rejected. They held that they were not fighting a war just to exchange one form of tyranny for another. Because of this lingering fear, support for Dickinson's Articles of Confederation was weakened.

The Articles were sent to the states for approval in 1777, but disputes over the lands west of the Appalachian Mountains delayed ratification until 1781. Maryland, which had limited boundaries, refused to take any action until states with large western land claims ceded their western territory to congressional control. When the large states ceded the lands, Maryland finally agreed to ratify. While waiting for ratification, Congress continued to operate as the government of the United States following the provisions of the unratified Articles. Under the Articles, Congress successfully guided the nation through war and passed the Northwest Ordinances, which influenced westward settlement for the next century.

The fact that the states were able to organize collectively at all was quite an achievement. The colonies had been founded separately and had developed in very distinct ways; furthermore, there had been disputes among them over territorial claims, as evidenced by the delays in ratification. Nevertheless, the government established by the Articles had considerable powers in foreign affairs and borrowing money. Article 1 gave the confederacy the title of "The United States of America." Article 4 asserted that all free inhabitants of every state would be entitled to the "privileges and immunities" of every other state; this clause was the basis for national citizenship. Article 6 forbade individual states from making treaties or alliances with foreign powers. Article 9 gave Congress sole authority to declare wars, reconcile boundary disputes between the states, manage Indian affairs, and regulate land and naval forces.

While the government had important powers granted to it, there were still many weaknesses in practice. The Articles were more like a treaty among sovereign states than a constitution of a united country. Each state had equal representation in Congress--one vote per state, regardless of population. There was no chief executive officer, and initially government departments were run by committees. The national government could not levy taxes on its own. Instead, it had to request the states to collect taxes and forward their requisitions to the central government, making it difficult to implement laws that required funding. States often acted on their own in military affairs: Despite provisions in the Articles, some states negotiated with foreign countries and some formed their own armies and navies. Currency was another problem: In addition to the national paper bills, states printed their own paper and minted their own coins. The states retained many powers under Article 2, which declared that each state would hold every "power, jurisdiction, and right which is not by this confederation expressly delegated to the United States in congress assembled." Finally, it was almost impossible to change the Articles because amendments required the consent of all 13 states.

During the 1780s some leaders began to argue for a stronger national government. In 1781 Congress dropped the committee system of government and created government departments headed by specific individuals. This reform streamlined government decision making. Robert Morris, who headed the Finance Ministry, became the de facto head of state. He sought to strengthen the national government further by advocating a 5 percent national impost on all imports. He had hoped that the measure would become law after nine states accepted it; instead the states viewed it as an amendment to the Articles needing unanimous approval. The impost failed when one state, Rhode Island, refused to pass it. Without the impost, and with victory in the war, the nationalist movement fell apart. Efforts to revive the impost in 1785 failed as one state--New York this time--again refused to pass the law. The nationalists had to try a different tactic and eventually called for changes to the Articles, resulting in the Constitutional Convention of 1787. Although the Articles of Confederation were soon replaced by the U.S. Constitution, they remain important as the first formal system of government in the United States.

Bibliography:

1) Merrill Jensen, The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781 (Madison: University of Wisconsin Press, 1940)

2) Peter S. Onuf, The Origins of the Federal Republic: Jurisdictional Controversies in the United States (Philadelphia: University of Pennsylvania Press, 1983)

3) Jack N. Rakove, The Beginnings of National Politics: An Interpretive History of the Continental Congress (New York: Knopf, 1979)

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