The Evolution Of Legal Documentation To Laws

The Articles of Confederation, ratified on March 1, 1781, served as the United States' first constitution. The document established a weak central government, preserving state power and independence. It was adopted by the Continental Congress on November 15, 1777, and came into force after being ratified by all thirteen colonial states. The Articles of Confederation created a national government centred on the legislative branch, with a single house, and no separate executive or judicial branch. It established a league of friendship among the states, outlining the rules for how this union would be organised.

The Articles of Confederation's ratification process

The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and served as the United States' first constitution. The Articles of Confederation and Perpetual Union was an agreement among the 13 states of the United States, formerly the Thirteen Colonies, that served as the nation's first frame of government.

The ratification process for the Articles of Confederation took nearly three and a half years. The Articles were submitted to the states for ratification in late November 1777. The first state to ratify was Virginia on December 16, 1777, and 12 states had ratified the Articles by February 1779. However, the lone holdout, Maryland, refused to go along until the other states ceded their western land claims. It would be two years before Maryland voted to ratify the Articles on February 2, 1781. Congress was informed of Maryland's assent on March 1, and officially proclaimed the Articles of Confederation to be the law of the land.

The Articles of Confederation came into force on March 1, 1781, after being ratified by all 13 colonial states. 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.

The Articles' role in the creation of a weak central government

The Articles of Confederation, ratified in 1781, created a weak central government, preserving state power and independence. The Articles established a "league of friendship" among the 13 states, serving as the nation's first constitution. While the Articles provided written rules for how the states' league would be organized, they consciously established a weak central government, affording it only those powers that the former colonies had recognised as belonging to the king and parliament.

The Articles created a national government centred on the legislative branch, with a single house. There was no separate executive or judicial branch. Each state received one vote in Congress, regardless of its population. The national government did not have the power to tax, regulate commerce between states, force states to provide troops, or send the government money.

The Articles prevented the individual states from conducting their own foreign diplomacy, but this was difficult to enforce. The national government could not prevent Georgia from pursuing an independent policy regarding Spanish Florida, nor could it prevent the British government from exporting convicts to their former colonies. The Articles also did not allow Congress to enforce provisions of the 1783 Treaty of Paris, which allowed British creditors to sue debtors for pre-Revolutionary debts.

The Articles required unanimous approval from all 13 states for any amendments, and as a result, no amendments were ratified. The limitations placed on the central government, such as in assembling delegates, raising funds, and regulating commerce, rendered it ineffective at governing the continually growing US states. As the government's weaknesses became apparent, some prominent political thinkers began asking for changes to the Articles, hoping to create a stronger government. This eventually led to the Constitutional Convention in 1787 and the creation of a new constitution.

The Articles' preservation of state power

The Articles of Confederation, ratified in 1781, created a weak central government that largely preserved state power and independence. The Articles established a national government centred on the legislative branch, which was comprised of a single house. The delegates in Congress voted by state, with each state receiving one vote regardless of its population.

The Articles of Confederation established that each state would retain its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which was not expressly delegated to the United States government. The document provided clearly written rules for how the states' league of friendship, known as the Perpetual Union, would be organized.

The national government did not have the power to tax, regulate commerce between the states, or force the states to provide troops or send money. The central government was also unable to prevent individual states from conducting their own foreign diplomacy, as demonstrated by Georgia's independent policy regarding Spanish Florida.

The Articles of Confederation also required unanimous approval from all thirteen states for any proposed amendment, and as a result, no amendment was ever ratified. The preservation of state power under the Articles of Confederation ultimately led to the calling of the Constitutional Convention in 1787 to create a stronger federal government.

The Articles' impact on foreign diplomacy

The Articles of Confederation established a weak central government, with most of the power being held by the state governments. This had a significant impact on foreign diplomacy, as the national government was largely unable to prevent individual states from conducting their own foreign policy.

The Articles of Confederation did, however, establish a sovereign, national government, which limited the rights of states to conduct their own diplomacy and foreign policy. But this was difficult to enforce. For example, the state of Georgia pursued its own independent policy regarding Spanish Florida, attempting to occupy disputed territories and threatening war if Spanish officials did not curb Indian attacks or refrain from harbouring escaped slaves.

The Articles also did not allow Congress sufficient authority to enforce provisions of the 1783 Treaty of Paris, which allowed British creditors to sue debtors for pre-Revolutionary debts. This was an unpopular clause that many state governments chose to ignore. Consequently, British forces continued to occupy forts in the Great Lakes region.

The inherent weaknesses in the Articles of Confederation's frame of government frustrated the ability of the government to conduct foreign policy. In 1786, Thomas Jefferson, concerned about Congress's failure to fund an American naval force to confront the Barbary pirates, wrote in a diplomatic correspondence to James Monroe: "It will be said there is no money in the treasury. There never will be money in the treasury till the Confederacy shows its teeth."

The Jay–Gardoqui Treaty with Spain in 1786 also demonstrated weakness in foreign policy. In this treaty, which was never ratified, the United States agreed to give up its rights to use the Mississippi River for 25 years, which would have economically strangled the settlers west of the Appalachian Mountains.

The Articles of Confederation also did not allow the Continental Congress to compel the states to comply with requests for troops or funding, leaving the military vulnerable to inadequate funding, supplies, and even food. This was particularly problematic during the Revolutionary War, as the Continental Congress had promised soldiers a pension of half pay for life, but it lacked the power to compel the states to fund this obligation.

The inherent weaknesses in the Articles of Confederation's government led to the Constitutional Convention in 1787, which established a much stronger federal government with a chief executive (the president), courts, and taxing powers.

The Articles' influence on the creation of the US Constitution

The Articles of Confederation, ratified on March 1, 1781, served as the United States' first constitution. It established a weak central government, leaving most of the power with the state governments. The need for a stronger federal government soon became apparent, which eventually led to the creation of the US Constitution.

The Articles of Confederation were drafted during the American Revolution to unify the colonies into a new nation under a governing set of principles. The Continental Congress, which formed on May 10, 1775, organized a de facto government to fight one of the largest militaries and political superpowers in Europe. The Continental Congress struggled and debated issues regarding state sovereignty, what powers a centralized government should hold, how Congress should vote, and whether states could claim "unclaimed" western lands.

The Articles of Confederation created a national government centered on the legislative branch, which was comprised of a single house. There was no separate executive branch or judicial branch. The delegates in Congress voted by state—with each state receiving one vote, regardless of its population. The national government did not have the power to tax, to regulate commerce between the states, or to force the states to provide troops or send the government money.

The shortcomings of the Articles of Confederation impeded the United States from properly governing the new country. The Treaty of Paris, which officially ended the conflict between the United States and Great Britain, was signed by delegates of the United States and Great Britain in Paris on September 3, 1783. However, the United States didn’t officially approve this treaty for another year as state delegates missed Congressional meetings. Quorum, the minimum number of delegates needed to proceed with Congressional meetings, was routinely not reached in order to approve the Treaty. These absences impacted Congress’s ability to pass any legislation.

In addition to lacking the ability to force state delegates to attend Congress meetings, Congress lacked the ability to raise money to pay the veterans of the Revolutionary War. This procedural stall in payment resulted in Shays's Rebellion, which convinced national leaders that a more powerful central government was necessary. This led to the Constitutional Convention that formulated the current US Constitution.

The US Constitution, which came into effect on March 4, 1789, provided for a much stronger federal government by establishing a chief executive (the president), courts, and taxing powers.

Frequently asked questions