Articles of Confederation

Before the inception of the current United States Constitution, another written constitution was present and albeit ineffectively, governing the colonial union. The Articles of Confederation were drafted during the Second Continental Congress, which convened for a period of approximately seventeen months. The Second Continental Congress was a congressional body made-up of delegates from each of the American colonies. On November 15, 1777, the congressional body agreed to a resolution which stipulated how the "union" should be administered, known as the Articles of Confederation.

In order for the Articles of Confederation to be enacted, each individual colony had to ratify (agree) to abide by it. Initially, eleven of the thirteen colonies approved it, and with time, the other two colonies eventually ratified it, as well. Officially, the Articles of Confederation became effective on March 1, 1781.

Unlike the current United States union, the Articles of Confedearion called for a loose coalition among the American colonies, and thus the governing body wasn't afforded with much power nor responsibility. Essentially, the Articles of Confederation provided for a symbolic federal government, but not an effective one in which they allocated many rights to. As per the Articles of Confederation, the intention of this coalition was to provide for a "common defense, the security of their liberties, and their mutual and general welfare".

The government created by the Articles of Confederation was a unicameral (one body) congressional body. The congress was made up of delegates appointed by each colonial government, and they were appointed on a yearly basis. As such, there wasn't an executive nor a judicial branch created by the Articles. The congressional body delegates each had one vote, not distributed proportionately. The delegates would choose amonst themselves and elect a fellow delegate to preside over the body. This position, however, was not the equivalent of the President of the United States. Additionally, the Congress was charged with appointing people to civil servant positions.

The states, upon ratifying the Articles of Confedearion, voluntarily agreed to several obligations to the federal government. The states were to provide money and troops when request to do so; adhere and support national legislation; respect other states' records, acts, and judicial proceedings; cooperate with one another in regards to criminals and fugitives; allow Congress to mediate interstate disputes; and permit open trade and travel throughout the Union. The powers not expressively outlined above were retained by the states. The states were responsible for ensuring peace and stability within their state.

The Articles of Confederation had many evident weaknesses, which ultimately led to the failure of the coalition and led to the drafting of a new constitution and government in 1787. Congress wasn't afforded the power to tax, which made all contributions of funds by the states, entirely voluntary. With a shortage of funds, the national government was unable to be very effective. The Congress didn't have the ability to regulate interstate commerce either, which created chaos within the Union.

The Congress was unable to forcefully make the member states abide by the legislation passed by the federal government. Congress could only utilize its powers with the consent of nine of the thirteen member states. Amendments to the Articles were only able to be passed with unanimous consent of the Union (all thirteen delegations). As a result, no amendments were ever made to the Articles of Confederation.

The weaknesses of the Articles of Confederation can be best summed up by the following: one vote per state (not proportionate by population); Congress couldn't collect taxes; they weren't able to regulate interstate commerce; there wasn't an executive branch or a national court system; an amendment could only be passed with full consent; and a 9/13 majority was necessary to pass legislation. Congress was afforded with few powers, including: the right to borrow money, make treaties, build a navy, request but not order states to contribute troops to the military force, adjust weights and measurements standards, settle disputes among member states, send and receive diplomats, and wage war or make peace.