The Articles of Confederation Explained | How Did the Articles Differ From the Constitution?

0:02 Hello, and Happy New Year. Welcome back to another episode of the Bill of Rights Institute’s Close Reads, where we take a look at different historical documents and break them apart and look at their essential components. I’m Kirk Higgins, and I am excited today to be exploring the Articles of Confederation with you. So let’s dive in. So the Articles of Confederation was the first governing document of the United States.

0:24 So, in effect, it was sort of the first Constitution. It was a way in which the 13 colonies, now independent states, were able to coordinate their actions and work together as a confederation. We’ll talk more about that federation in a minute, but I like to always stop and kind of take a step back and think about a broader question. So today, as we’re going through the Articles, we’re going to also be thinking about how

0:46 the Articles Confederation differ from the Constitution. If you’d like to see more about the Constitution, I did another explain video where we took a look at that document, so you can go back and review it if you want. But first, let’s take a look at some historical context. So, of course, we all know July 4, 1776, is when the colonies declared themselves independent in the Declaration of Independence.

1:08 They actually had voted on that back in June or started debating it in June of 1776. And nearly the day after they voted or started debating independence, they also started drafting this document called the Articles of Confederation. That debate took a long time, from July of 1776 to November of 1777, when they finally said, all right, great, we got it.

1:29 Here’s the new document. It was then sent out to the states for ratification in a similar way that the Constitution would be, but it took another several years for that to finally be ratified. It wasn’t until February of 1081 that the Articles were finally ratified until they came into effect on March 1, 1781. Why is that important? The American Revolution was still going on.

1:51 So from 1776 till 1781, there’s all kinds of different battles and conflicts going on. There’s problems going on with supplies. All this kind of stuff is happening, all while they’re trying to debate and come up with this new form of government that’s going to coordinate the activities of all the states. It’s not until 1783 that that war finally comes to an end with the Treaty of Paris.

2:11 The Treaty of Paris was actually voted on and ratified by the Articles Confederation in Congress that formally ended the war. So you could say that the Articles of Confederation is actually what helped us win the American Revolution. Pretty cool. There’s other big pieces of legislation that sometimes people don’t think about happening under the Articles. The Land Ordinance of 1785, which I discussed in my Northwest Ordinance video, as well as the Northwest Ordinance

2:34 of 1787, which I also discussed, were ways of figuring out how we’re going to divide up and sell off western lands that were claimed by the United States. Another major event that happened was Shay’s Rebellion in 1786, which was a rebellion of individuals who are upset about having to pay taxes to any kind of government.

2:55 And so they rebelled. And that was something that started to show where this document, this Confederation has weaknesses. And of course that then led to the Annapolis Convention. And what I don’t have on here is the more famous Philadelphia Convention where the new Constitution was drafted that eventually replaced the Articles of Confederation. But what is in this document, the Articles of Confederation? How does it function? Why was it so weak?

3:15 Well, the only way we can find that out is actually looking at the document. So let’s take a look. So it starts off with what I think is a fascinating entry. So if you remember in the Constitution there’s a famous preamble we the People of the United States. Well, here we’re already seeing something different. To all of whom these presence shall come we the undersigned delegates of the states, affixed to our names,

3:40 send greetings the Articles of Confederation and perpetual union between the states. And it goes on the list of states. So what’s going on here already we can see that these are delegates of the states. They’re not we the people. It’s not individuals who are going to be voting on this but it’s the actual delegates of the states who are coming together to form this confederation at the state level.

4:02 So whereas our Constitution currently exists with a system of federalism which has national power, state power and all of those are actually on the individual here we’re only talking about a government that’s affecting relationships between the national government and the states themselves. That’s it. So with the preamble out of the way, let’s get into the actual document.

4:22 So here they style the Confederacy as the United States. America great. We now have a name. Each State retains its sovereignty. So here again we can see this coming up again. This is really important for understanding this. Each state retains its sovereignty, freedom and independence in every power and jurisdiction which is not by this confederation, expressly delegated to the United States.

4:45 The idea of express delegation to power is something that comes up in the Constitution again, right in article One, section Eight, that delineates out the powers of Congress says Congress shall have the power here and granted. And the argument goes that those are the things that Congress is limited to. So it’s expressly stated well here this was even more restrictive. It was that the states retain all sovereignty. So as opposed to the current Constitution

5:07 where the states are underneath the Constitution itself by the Supremacy Clause, the states themselves have the power. They are sovereign, they’re the ones that are delegating this authority to the new national government. And then it goes in that if it’s not expressly delegated in this document then it’s done. Then it goes on to say that the states hereby enter a firm league of friendship.

5:27 So not very strong but we’re affirmed, we’re friends, we’re going to get along, we’re going to cooperate, we’re going to work together but it’s not this sort of lasting strong bond that the new constitution will later establish that sort of becomes a challenge and one of the reasons that the Annapolis Convention eventually happens is that this government that’s underneath the Articles of Confederation although

5:48 it does function, it works, there’s some cooperation. It’s really hard for the national government to assert its authority and to have interests of the national government have teeth in a way, right? And by that I mean have the ability to really enforce what it is that it wants to do. So we’ve established this perpetuate mutual friendship and intercourse among

6:08 the people of the different states and so to do that they shall be entitled to all the privileges and immunities of several states. So this is really important because it’s essentially saying that if you’re a citizen in one state, you’re a citizen in every state and so that’s going to be shared that it’s not going to be sovereign to the state like in different countries. So if you’re in Europe obviously a citizen

6:31 of England wouldn’t have the same privileges, right? Meaning opportunities or things that the law affords you in immunity. So protections of those laws, if you’re a citizen of England you wouldn’t necessarily have the same things in France, right? They’re very different countries here we’re talking about you can go between all these different states and you are recognized as a citizen of all the states and goes on to say the same that if you’re

6:52 charged of a crime then you’ll also be charged in every state so you can’t just escape justice by hopping over the border from New Jersey and Pennsylvania you’re still going to be wanted there. And it also says that full faith and credit shall be given to each of the state’s the records, acts and judicial proceedings of the court. So if there’s a finding in one state it’s going to be recognized in another state.

7:13 This is really important because this is sort of a lot of legalese but this is actually what forms this confederation together. This is the nuts and bolts of how it’s going to function, what it means for individual citizens and from a legal standpoint how it is these different relationships are going to take place. Now already we’re in article five so if we take a step back and think about it the constitution only has seven articles

7:34 and in those seven remember it outlines a legislature in article One, an executive branch in article Two in the judiciary and Article Three and then talks about some other things in five, six and seven that are important that establish or a the relationship of the union. Here we’re seeing a very different structure. This document is outlining to the what this union is going to be. First and foremost, instead of having a legislature,

7:54 it’s outlining what it’s going to be, and then it’s going through and looking at the different ways that it’s going to afford that power and being very guarded and limited in what it is that it’s going to cover. So in article five here, it goes through and talks about all of the things that the congress itself is going to be able to debate. One thing to note here, it says this is talking about how

8:17 the delegates are actually going to work and what it’s going to mean to vote. So in our current constitution, we have a congress and we have congress which is made of the house and the senate house is voted on broadly and your representation is based generally on population of state senators. Everybody has two. Here, there’s a very different system. So each state, and you’ll see it down here, each state has one vote.

8:40 So every state is going to have one vote. Each state is going to determine how it is that it sends those representatives to congress. And that’s just going to be it. So it’s one vote per state. So 13 total votes. All the states vote on when the congress is going to do something. And that’s how this congress is going to function.

9:02 This talks about when they’re going to meet, that they’re going to meet once a year on the first Monday of November. And then they have this great clause down here talking about the freedom of speech and debate. Congress shall not be impeached or questioned in any court or place out of congress, right? So this is interesting because it is an explicit protection of free speech,

9:22 but specifically for congress, members of congress. So this has roots back in the English tradition, members of congress having certain immunities protecting free speech and debate on the floor of the chamber where that debate is taking place. Here they’re explicitly calling that out. But again, remember, this isn’t like in the constitution or the first amendment, which was ratified until after the constitution was in effect in 1791,

9:42 but they protected the right of people to have free speech. Then it was that the federal government could not violate that. But here they’re not talking about people having the right to free speech, but they’re talking about these members in congress have a right to free speech. So here I’m going to get really brief because these sections are long and a lot. Remember, we’re now passing that seven article mark that we have in the constitution.

10:05 But these next series in six, seven, and eight all go into what it is that the states can’t do and what it is that the congress can do. So no state without consent of congress of the United States and congress assembled, and then it lists and it goes through a list. There’s a lot that’s listed there.

10:25 But again, it’s this expressly delegating trying to get so that everybody is understanding what it is that this Congress can do and what it cannot. Seven starts talking about land forces. When you’re able to raise an army during Shay’s Rebellion, this became a problem. This is a challenge. They weren’t able to raise a good national response to the uprising that was happening.

10:45 As a result, state militias had to come and put it down. That was one example of many that individuals again saw and said, hey, this government is so limited that it’s not powerful enough to actually do what we need it to do, which is maintain national interest and help the states cooperate. Here it’s important. It says in Section Eight here all charges

11:06 of war and other expenses shall be defrayed out of a common treasury. So there’s going to be a common pool of money that we’re all pulling from and that the taxes, that money will come from the value of the land within the states. Now, actually collecting these taxes became a lot more challenging. Getting the states to actually give up their funds was not easy and again was another one of these examples where what later became the Federalist said,

11:30 hey, this old Constitution is not strong enough. What we need is something stronger that can compel the states to actually give us this money. Otherwise we don’t have a treasury to uphold this national interest. Which was a challenge. So going on in 9, 10, and 11 here, here in 9, you finally get to the place where this is after nine Sections,

11:53 you finally get to the place where the powers of Congress are delineated out. This section is very long. It goes into a lot of detail. I’m not going to do that here. But again, the important part is that it’s being expressly stated that they’re going through and saying exactly what it is that Congress can do. Here in Ten, we’re finally seeing what it’s going to mean to have an executive. So the executive is sort of a committee with one president as lead.

12:15 But that president is the head of a committee that has been authorized to work on behalf of the states in very specific instances if it’s needed when Congress isn’t assembled. So when everybody’s off doing their thing, this committee can come together and make some very limited decisions if it has to. But again, that’s very different than the singular executive that we have in the Constitution. Singular just meaning one. We have one president and vice president

12:38 here there is a president, but he sits at the head of a committee of the states. So it functions very differently. That coming together actually proved to be a challenge for the ratification or sort of legal authorization of the Treaty of Paris, which ended the American Revolution, which we talked about a little bit earlier. Congress didn’t come together. They had to kind of pull people together to get that assembly done so they could

13:00 vote and say that, yeah, no, we’d agree to this treaty. So again, just showing that there were some challenges in helping this to work together in eleven here, I think this is interesting. Canada, acceding to this Confederation and adjoining in the measures of the United States, shall be admitted and entitled to all advantages of this Union, but no other colonies shall be admitted into the same unless such admission be agreed to by nine States.

13:23 So what’s that saying? They’re inviting Canada. Canada wants to join this Confederation. They are more than welcome to. Obviously, Canada was also a British colony at this time. Its history was different. It had been French originally and had been given over to the British after a war, the Seven Years War, the French and Indian War in 1763 when that had ended.

13:44 And here they’re saying, Canada, come join us. But anybody else, we’re going to have to get together as a Congress and vote in the nine of 13. So there we’re noting it’s the two thirds rule. So two thirds of the State that comes up again in the Constitution when we’re talking about ratification of the Constitution, nine of the 13 states had to ratify that document in order for it to become the new legal Constitution.

14:06 And so that precedent had been set here in the Articles of Confederation. Quickly we’ll go through 12 and 13 here, all money borrowed. We are going to recognize the debt of States that had happened beforehand. This assumption of debts became a big topic of conversation. But that is listed out here.

14:27 And then in 13 every State shall abide by the determination of the United States Congress on all questions which by this Confederation are submitted. So if we send you a question, you’ve got to think about it. You’re legally obligated to think about it, debate it, discuss it and take action on it. So they’re compelling the States here to do that. So there was some ability for the national government under the Article Confederation

14:51 to compel the States to do things, but it’s very limited, very particular items. And then I included just this long closure because I think it’s great. So this is the rest of Section 13 and they go on to sort of conclude with this very much a flowery, sort of embellished conclusion that you don’t necessarily see in the Constitution.

15:15 I think in the Constitution, as embellished as it gets, is that preamble we the people of the United States, in order to ordain and establish that’s about as far as it gets here you have this phrase know ye that we the undersigned delegates by virtue of the power and authority given to us for that purpose due by these presents in the name and on behalf of the respective constituents. And it goes on, but it’s essentially saying we’ve been delegated this task.

15:37 We have now done it. We are sending it to you, the states to ratify and once it’s done, it will then be enforced. It goes on to list the names and delegates after. So that’s it. That’s the entirety of the Articles of confederation as we saw it differs quite a bit from the Constitution, both in how it compels the states to act underneath this national government,

16:00 but also in how its legislature is set up, what its executive is doing. And notice there was no mention of courts, there is no national court system underneath the artist confederation. So those are a few ways again and we have lots of resources on this, we’ll include a few links in the description if you want to read about the Annapolis Convention where things started to break apart, why it is that many individuals like James Madison and Alexander Hamilton

16:23 and others were frustrated by this governing document and in their opinion they were unable to get it to function as it needed to ensure that trade was happening in a way that was fair, that they could negotiate contracts overseas, but that they could also negotiate treaties. All of that was a cumbersome process. It was really difficult. So they eventually moved

16:43 on to the Philadelphia Convention and made a new constitution. So I hope that was interesting if it was for review or refresher or if it was brand new to you or you’ve never actually just taken the time to look at the specifics of the Articles of Confederation. As I mentioned, this is only excerpts, I did really shorten it up. But I do encourage you take a look at the document. It’s pretty interesting. There was a debate over ratification of the Constitution for a reason.

17:04 Many thought that that governing document was functioning okay and that that was as strong as the national government needed to be. Obviously the states eventually came to the decision that it wasn’t and did ratify the Constitution. That did go into effect after the artist confederation, but it’s important to see that legacy. And I think another way to look at the Articles of Confederation is to see

17:26 where it is that things were changed and tweaked why that is. You can kind of see the logic of that generation of individuals as they work to figure out how self-government ought to work, what the best protections were, how best to keep things in line and to borrow a phrase from the Federalist Papers you see how that the advancing science of government was able to sort of change and tweak how things were functioning.

17:47 So I hope you’ll join us next time. We’ve got a lot of different materials on our YouTube channel and both on the Bill of Rights Institute website as well that our conversations with scholars or that look at different images with our Bridge from the Past series just do the same kind of thing. They do some analysis, do some review, do some conversation. If you have any questions, please feel free to comment. We try to respond as much as we can.

18:08 Until next time, thank you for joining.