ARTICLES OF CONFEDERATION
The Articles of Confederation, which replaced the 2nd Continental Congress & governed the new nation from 1781-1789, represented a reaction against centralized authority during the colonial period. The authors placed ultimate political power in the separate states as a means of checking the national government. Under the Articles the central government had powers to conduct foreign relations, settle disputes between states, maintain maritime affairs, regulate Indian trade, & state the value of state & national money. The new government concluded a very favorable peace with BR, weathered a short postwar depression, & wisely determined that the western territories would eventually achieve statehood with all the rights & privileges of the original states. On the other hand, the Articles could not regulate interstate commerce, levy taxes, or raise an army. Nor could it approve amendments w/o the unanimous consent of the states.
a. No separate executive: No power of enforcement.
b. Northwest Ordinances of 1785 & 1787: Organizes NW Territory & provided for eventual statehood for the new lands, thus reversing the BR concept of a permanent subordinate status for colonial lands/Also provided 1st federal support to education & banned slavery in the NW Territory
c. One vote per state: Meant larger states had no more influence than less populous ones.
d. No federal courts: Meant gov’t lacked ways of settling disputes among states.
e. Shays’ Rebellion: Showed government’s inability to maintain order within the country.
f. British retention of forts in NW: Resulted from national government’s lack of power to enforce treaties.
g. No regulation of interstate commerce: Led to commercial disputes between states
h. Boundary disputes between states: Resulted from national government’s lack of supremacy over states.
i. No power to tax: Meant gov’t lacked money to pay debts & carry out obligations.
j. States taxed each other’s goods: Caused friction among states & reduced trade.
k. Kept the states together: Some unity among 13 states provided by Articles.
l. Treaty of Paris, 1783: Gained independence, substantial western lands, fishing rights, & few obligations to BR after the Revolution.
m. Federal aid to education (NW Ordinance 1785): Set precedent for government support for important base of future democracy.
n. No national currency: Caused great confusion in trade.
o. Members often failed to attend Congress: Evidence of lack of power & status of representatives in Congress.
p. Inability to protect settlers from Indians: Result of lack of military power.
q. Barbary pirates raided shipping: Bribes required by Barbary pirates indicated lack of regard for U.S. among foreign nations.
r. Inability to repay French loans: Result of lack of power to tax; contributed to deteriorating relations with former ally.
s. Spain’s denial of right of deposit at New Orleans: Interfered with Westerners’ access to trade/Resulted from Spain’s perception of American weakness.
t. Little trade with Britain: Hurt the economy/Probably due to recent war & Britain’s perception of lack of unity among states
WEAKNESSES / CONSEQUENCESNo chief executive; the Congress worked through committees / No coordination of committees and no uniform domestic or foreign policy
Required nine of thirteen states to approve laws (each state had one vote) / Rarely delegates from all thirteen states in Congress at once; often voted as blocs of smaller states (5) versus larger states (8)
Required all states to approve amendments / Never get agreement of all thirteen states, so Articles never amended
No power to levy or collect taxes; Congress could raise money only by borrowing or asking states for money / No reason for states to agree to requests; Congress always in need of money to fight the war
No power to regulate interstate commerce / Led to disputes between states and inability to regulate trade with foreign nations to protect American business
No power to enforce treaties / No power to force British to abide by the Peace/ Treaty of Paris of 1783
No power to enforce its own laws / Only advise and request states to abide by national laws
No national court system; state courts interpreted national laws / Difficult to get states to abide by state court decisions
Constitutional Compromises
VIRGINIA PLAN / NEW JERSEY PLAN / FINAL U.S. CONSTITUTIONRepresentation / Based on wealth or population / Equal representation for each state / Senate: two representative per state
House: based on population
Executive / National executive chosen by Congress / Executive Committee chosen by Congress / President chosen by electors, in turn elected by the people
Judicial / National judiciary chosen by Congress / National judiciary appointed by Executive committee / Supreme Court
Appointed by the president with Senate confirmation; lower courts established by Congress
Legislative / Two houses; upper elected by the people with lower elected by the upper house / One house: appointed by state legislators / Two houses: upper chosen by state legislatures (changed to direct election by Seventeenth Amendment); lower elected by the people