Confederation And Constitution: Always Together?

is there always a constitution with a confederation

The Articles of Confederation, which served as the first constitution of the United States, established a weak central government with limited powers. This document, adopted by the Continental Congress in 1777, outlined a confederation of independent states, each with its own vote in Congress. However, the Articles' shortcomings became apparent over time, as the central government lacked the authority to regulate commerce, conduct foreign policy, or raise funds effectively. These weaknesses, highlighted by events like Shays' Rebellion, led to calls for a stronger central government and eventually resulted in the creation of a new Constitution in 1787. This new Constitution established a more powerful federal government with increased control over taxation, commerce, and other key areas, marking a significant shift in the balance of power between the central government and the individual states.

Characteristics Values
First constitution of the United States Articles of Confederation
Established a weak central government Yes
States retained most of the power Yes
No executive or judicial branch Yes
No enforcement powers Yes
Couldn't regulate commerce Yes
Couldn't print money Yes
Couldn't raise funds Yes
No power to tax Yes
Established a unicameral legislature Yes
Established a "firm league" among the 13 free and independent states Yes
Established a Congress with representation not based on population Yes
Established a Congress with each state having one vote Yes

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The Articles of Confederation

The process of ratifying the Articles of Confederation began in late November 1777, with Virginia becoming the first state to ratify on December 16, 1777. By February 1779, 12 states had ratified the Articles, with Maryland being the lone holdout. Maryland finally ratified the Articles on February 2, 1781, and Congress was informed of this assent on March 1, officially proclaiming the Articles of Confederation to be the law of the land.

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The US Constitution

The weaknesses in the Articles of Confederation became apparent over time, as Congress lacked authority and support from state governments, which were anxious to maintain their power. Congress could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. The states often did not comply with Congress's suggestions, and the central government could not enforce its requests for funds. This left the government unable to address internal rebellions, such as Shays' Rebellion in Massachusetts, as it did not have the funds or military power to do so.

The Constitutional Convention met in Philadelphia in May 1787 to address the shortcomings of the Articles of Confederation. The delegates quickly decided to completely redesign the government, creating a powerful central government. One of the most significant changes between the Articles of Confederation and the US Constitution was the creation of three branches of government: the executive, legislative, and judicial. This separation of powers ensured that power would not be concentrated in one particular branch. The US Constitution also gave the federal government more power over money and taxes, allowing Congress to control interstate commerce and grant it the power to tax individuals.

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The weaknesses of the Articles of Confederation

The Articles of Confederation, written in 1777 and ratified in 1781, was the United States' first constitution. It established a ""league of friendship"" for the 13 sovereign and independent states. However, the Articles had several weaknesses that led to the creation of the United States Constitution in 1787.

One of the main weaknesses of the Articles of Confederation was the lack of a strong central government. The Articles gave most of the power to the states, leaving the central government weak and without essential powers such as the ability to levy taxes, regulate commerce, or control foreign policy. The central government also lacked enforcement powers, which made it difficult to address internal rebellions and enforce treaties. This weakness was particularly evident in its inability to establish favorable trade agreements, with European powers exploiting the lack of a cohesive American trade policy.

Another weakness was the requirement for all amendments and important legislation to be ratified by a majority of the states. With several delegations often absent, a single state could defeat legislative proposals of major importance. This made it difficult to pass laws and address regional and national interests.

The Articles of Confederation also did not establish separate executive, legislative, and judicial branches of government. Instead, it had a unicameral legislature, with each state having one vote and delegates elected by state legislatures. This lack of separation of powers meant that power was concentrated in a single branch, and there was no check on the power of the legislative body.

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The Continental Congress

The First Continental Congress, comprised of delegates from the colonies, met in 1774 in response to the Intolerable Acts, a series of measures imposed by the British government after the colonies resisted new taxes. The Congress first met in Philadelphia on September 5, 1774, with delegates from each of the 13 colonies except Georgia, which was fighting a Native American uprising and was dependent on the British for military supplies. The delegates included future luminaries such as future presidents John Adams of Massachusetts and George Washington of Virginia, and future U.S. Supreme Court Chief Justice and diplomat John Jay of New York. During the Revolutionary War, the Continental Congress became America's de facto government.

The Second Continental Congress served as the provisional government of the U.S. during most of the Revolutionary War. It convened in 1775, soon after hostilities broke out in Massachusetts. The Second Congress sent the Olive Branch Petition to King George III, established the Continental Army, and elected George Washington commander of the new army. In 1776, it took the momentous step of declaring America’s independence from Britain.

In 1781, the Articles of Confederation, the first constitution of the new nation, came into force, and the Continental Congress became the Congress of the Confederation. This unicameral governing body would convene in eight sessions before adjourning in 1789 when the 1st United States Congress under the new Constitution of the United States took over the role as the nation's legislative branch of government.

The Articles of Confederation created a government in which the colonies—now states—retained most of the power, leaving the central government weak and without essential powers like the ability to control foreign policy or to tax. The Constitution, on the other hand, gave the federal government more power over money and taxes, allowing Congress to control interstate commerce and grant it the power to tax individuals.

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The Constitutional Convention

The Articles of Confederation, adopted in 1777, served as the first constitution of the newly independent United States. However, it established a weak central government with limited powers. The central government lacked the authority to regulate commerce, conduct foreign policy, or raise funds effectively, relying on voluntary agreements from the states. This led to challenges in addressing disputes between states, implementing treaties, and responding to internal rebellions like Shays' Rebellion in Massachusetts.

Recognizing these deficiencies, the Constitutional Convention assembled in Philadelphia in May 1787. The delegates, representing diverse interests and views, aimed to revise the Articles of Confederation. However, they soon realized that the issues were inherent to the structure of the government, and a complete redesign was necessary. They grappled with contentious issues, including congressional representation and the question of slavery, ultimately compromising to balance state and centralized power.

The Constitution of the United States, born out of the Constitutional Convention, marked a significant shift from the Articles of Confederation. It strengthened the central government while balancing the interests of the individual states, setting a precedent for a nation that would become one of the longest-lived and most emulated constitutional democracies in the world.

Frequently asked questions

The Articles of Confederation was the first constitution of the United States, serving as a written document that established the functions of the national government after the country declared independence from Great Britain.

The Articles of Confederation established a weak central government that lacked the authority to regulate commerce, raise funds, or conduct foreign policy without the voluntary agreement of the states.

Shays' Rebellion, led by former Continental Army Captain Daniel Shay, highlighted the inability of the federal government to address internal rebellions due to a lack of funds and military power. This event, along with other weaknesses, led to calls for a more powerful central government and eventually the creation of a new constitution.

The Constitution established a more powerful central government with three branches: the executive, legislative, and judicial. It gave the federal government more authority over money and taxes, allowing it to control interstate commerce and tax individuals.

The Constitution was created to address the weaknesses of the Articles of Confederation and establish a more effective central government. The delegates at the Constitutional Convention in 1787 decided to redesign the government, leading to the creation of a new constitution rather than a revision of the Articles.

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