Why the Articles of Confederation Failed….

The first attempt for the United States at a Constitution was the Articles of Confederation. The Articles of Confederation first came up for discussion on June 12, 17761. Knowing the inevitability that Independence would soon be a reality, a committee was formed to discuss and draft a Constitution for all the United States. It would not be until November 15, 17772 that they would be approved by the Congress, and not until March 1, 17813 that they were finally ratified by all 13 States. Just a few days over eight years later, the Articles of Confederation would be part of history, being replaced by the Constitution on March 4, 17894.

So why did the Articles of Confederation fail? Why did this first attempt at government not succeed? What in the Articles was wrong, or insufficient, or cumbersome that needed to be corrected? There were many reason the Articles of Confederation failed, many things happened in the United States and the government that exposed significant flaws. Perhaps you are one of the many that have heard it was because the Articles were not strong enough, that is part of the reason, but not the only reason. What the Articles of Confederation where is discussed here (The Articles of Confederation explained; What are they?).

The major problems of the Articles of confederation that will be addressed here are:

 Each State had One Vote in Congress.  Nine States required to pass most Legislation  Congress could not regulate Trade  The United States could not raise its own revenue  The Congress could not enforce its laws  The Government of the United States was a Single body  The Congress could not suppress insurrection or rebellion, or protect the Nation from foreign threat.  Amendments required a Unanimous Vote

Each State had One Vote in Congress.

Each State composed of a delegation of between Two-Seven Delegates, but each State had only One vote in Congress. With each State having only vote vote (Article V), this caused significant issue with State that had much larger populations, than those of smaller States, such as Virginia and Pennsylvania. When the largest state in population Virginia is compared to the state with the smallest population Delaware, Virginia has 12.65 times as many people as Delaware, yet each had equal votes in the Congress. This disproportionate representation was an issue with the larger States, since their one vote represented a much larger portion of people.

US State Population (1790 census)5

State Population Ratio to Minimum vote (DE) Connecticut 237,655 4.02 Delaware 59,096 1.00 Georgia 82,548 1.40 Maryland 319,728 5.41 Massachusetts 378,556 6.41 New Hampshire 141,899 2.40 New Jersey 184,139 3.12 New York 340,241 5.76 North Carolina 395,005 6.68 Pennsylvania 433,611 7.34 Rhode Island 69,112 1.17 South Carolina 249,073 4.21 Virginia 747,550 12.65 TOTAL UNITED STATES 3,638,213 1 per 279,862 aggregate

When this one State one vote concept is combined with requirement of Nine States required to pass most Legislation, and all major Legislation. It would only take Five of the the Thirteen States to prevent a measure from being enacted. The five smallest States composed of 536,757 persons (1790 census), 14.7% of the population, a total which is less than Virginia entirely, and less than the combined population of any Two States from Seven of the most populous States. This method allowed a very small part of the population to prevent bills from be passed, which may be to the benefit of a very large majority.

Nine States required to pass most Legislation

Article IX of the Articles of Confederation, requires many acts have the vote of Nine States for them to pass. Not all acts required Nine States, but the acts of significant consequence did require Nine States. The following is a list of all acts which required Nine States to vote for a Bill for it to pass. This was not a Nine-Thirteen Ratio, but Nine States to vote Yea of all present.

 Congress shall never engage in a war,  Grant letters of marque or reprisal in time of peace,  Enter into any treaties or alliances,  Coin money,  Regulate the value thereof,  Ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them,  Emit bills,  Borrow money on the credit of the United States,  Appropriate money,  Agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised,  Appoint a commander in chief of the army or navy:

Since the Congress was granted limited powers in Article IX, nearly anything Congress desired to do required Nine States to agree. Of the powers granted that did not require Nine votes were:

 Sending and receiving ambassadors  Of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated  Appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.  Fixing the standards of weights and measures throughout the United States.  Regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated.  Establishing or regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office.  Appointing all officers of the land forces, in the service of the United States, excepting regimental officers.  Appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States.  Making rules for the government and regulation of the said land and naval forces, and directing their operations.  When the Congress is in recess, a body may be organized to act for the United States, “A Committee of the States”. The Congress shall designate a Committee of the States to consist of one delegate from each State.  Appoint other committees and civil officers as necessary, for managing the general affairs of the United States under Congress’ direction.  To appoint one of their members to president, provided that no person be allowed to serve in the office of president more than one year in any term of three years. As can be seen, the Congress required only a simple majority of those States present to pass minor acts that had little consequence on the Nation as a whole. Many of the powers they did have that required only a majority, still relied on another act which required Nine Votes.

 They could meet with Foreign Nationals, but Treaties and Agreements required Nine Votes, States were prohibited from doing this on their own.  They Could establish Courts to try piracy, but required Nine votes to build a Navy to catch them, or grant letters of Marque to do the same, and States were forbidden from doing this on their own without Congress’ approval (Nine votes).  They could establish post offices and post roads, but could not appropriate funds without Nine Votes  They could appoint Officers of the Army and Navy, but it took Nine States to equip an Army or Navy, States could only appoint to Colonel, but could not raise an Army or Navy without Congress’ consent (Nine votes).  They could make rules and regulations of the Army and Navy, if it was raised which required Nine Votes.  Appoint a Committee of the States to act for Congress while in recess, but they could not do anything that required Nine Votes.

Of all the powers Congress had, only a few genuinely required only a simple majority for passage, without relying on a Nine Vote act in some respects, in addition to going into recess.

 They could chose a President of the Congress  The could establish postage rates

Very little could actually be accomplished without the consent of Nine States, Two more States than a simple Majority. This required a much stronger consensus among the States, and it also allowed the smaller, or larger population States both be able to stop a bill from passage by being able to gather on Five Nay Votes. This issue was amplified even more if one or more of the States failed to have the minimum number of Delegates (Two) to be able to vote for a bill, since this required even less States to oppose a measure to kill it. Example if only Eleven State were represented, it would only take the Nay vote of Three to prevent a measure from being adopted.

Congress could not regulate Trade

Congress could only regulate trade with the Indian Nations of North America not part of any State, and even then it was restricted. Congress could only regulate trade if it DID NOT infringe on the Rights of a State to regulate its own trade and commerce, if the Indian Tribe or Nation was within the boundaries of that State. Congress also could not regulate trade with foreign Nations, the closest it could do is a Treaty. But even a treaty could not prohibit the import or export of any good, it at most could only restrain these things. Congress had not authority at all to make the trade and commerce among the State regular.

The State on their own could make any restriction, prohibition on the importing and exporting of any goods, whether from another State or a Foreign Nation. The States were only restrained in that they could not enter into a treaty or alliance of Trade, and personnel property, and property of the United States being moved through their State could not be restricted or have a levy of any kind. This allowed the States to impose any tariff, duty or excise they wished on any good, either entering or leaving their borders.

With this arrangement nothing guaranteed either any State or any Nation at any time what the policy of import and export may be at any time in any given State. States could place punitive or restrictive levies or tariffs on goods from other States. They could undercut the same levies and tariffs of other States to their detriment. If a particular State relies mainly on Tariffs and Duties for revenue, but another States less so, the State relying on them less may impose lesser duties attracting more commerce and trade. This in turn would be to the detriment of the State whose main source of revenue was from this trade. Some States would be able to place duties on goods as they passed through their State. For high demand items multiple States may impose duties for passage raising the price of the item to prohibitive levels, hurting both the producer and consumer.

Since Article VI did not prohibit the States from laying duties, excises or tariffs, and Congress was not granted the power to regulate Commerce and trade in Article IX, this power rested solely with the States. Commerce and trade was anything but regular under the Articles of confederation. States could change their rules at will, and no power or authority existed which would prohibit such acts. The United States could not raise its own revenue

The Congress Assembled did not have the power to raise any revenue on its own, only the States themselves had this power. As a result, the Congress had to request money from the States, which the States were obligated to pay in proportion to their occupied land value as stated in Article VIII. It was up to the State Legislatures on how this money would be raised, and paid to the United States Government. This arrangement would seem to work if the State paid what was requested of them. But States did not do this as seen in the Congressional Journal April 24, 1784 for example.

The requisitions of October 30, 1781, for eight millions of dollars, and of October 16, 1782, for two millions of dollars, have been so partially complied with, and in such unequal proportions, that Congress can retain no hopes of their full execution

This one example shows the first two years of the Articles of Confederation, the States failed to pay what the Congress had request. This same days journal entry also indicates that the States had also not paid the 1783 funds as well. Much of the money requested was to pay for War and prior year debts, $706,974.00 of $2,986,952.33 (23.6%) outstanding at this time, plus another $1,000,000.00 still outstanding from 1782 and 1783. Of the money unresolved by Congress 57.1% was for outstanding debt (war debts and prior year debts). This would not improve over time for Congress, and the United States continued to lag on payments of debt and loans including foreign Nations.

The lack of the ability for Congress to raise its own revenue lead to significant revenue shortfalls. This left the United States in debt and overdue to domestic and foreign lenders, which is an embarrassment for the Nation and will strain foreign relations. It also restricted and limited the ability of Congress to fund very much more of what it was charged to do. Revenue was not predictable from the States, thus budgeting was not easy or at times even practical for future actions. This lack of steady and predictable revenue severely limited an already limited Congress.

The Congress could not enforce its laws

Congress had not authority or means to enforce any law or act it may have agreed to. Rather the enforcement of laws was in the hands of the States. The States were obligated by the Articles of Confederation to abide by any law or act or treaty passed by the Congress, but no mechanism existed to ensure this would happen. States would engage foreign nations in negotiations, though it was the solely the power of the Congress. Congress requested money pursuant to Article VIII of the Articles of Confederation, but could not compel the States to comply. The states would routinely ignore acts at their discretion or dislike. Congress could request the States comply with its agreements, but had no means to ensure this, for Example on July 24, 1774 the Congress (in the Committee of the States) requested State make provisions to recover public money from Individuals6, 2 1/2 years after the initial request had not been yet acted upon. This was the only mechanism the Congress had to attempt to enforce itself, by requesting the States comply. No body existed either by Court or other means of enforcement for the Congress to use.

This resulted in Acts by Congress being ignored, including the ability to set the value of Gold and Silver (money, even paper money was based of gold and Silver). States disregarded Congress at will, set their own weights and measures, and made their own money, which directly contributed to economic disaster for all the States.

The Government of the United States was a Single body

The entire Government of the United States under the Articles of Confederation was based off of one House, the Congress Assembled. Their was no executive to enforce its Laws or acts, but it did choose a President of the Congress Assembled, though nothing like a true Executive. Their was no Court System to judge law, or settle disputes, Congress held the power to settle disputes, but not try crimes. No body existed to judge if the Government operated within the limits of the Articles of confederation. It was up to the States to enforce the Laws and Acts of Congress, to hold trials, and they were the judges of if the Congress was operating within its boundaries. If Congress entered into a treaty, it was on the States to abide by this, but this did not happen. States would abide only if it was in their interest, their was no consequence for failing to abide by it. States themselves could simply say “Congress operated outside the limits of the Articles of Confederation”, and simply ignore the Laws or acts, or states would just simply ignore laws with no justification. Congress would appoint ministers, and ambassadors and negotiate treaties, from whom they choose.

The Government had no single Executive to act as the chief law enforcement official, to ensure compliance with laws and acts passed by the Congress. The lack of an executive, also did not afford a steady relationship or predictable system when dealing with foreign states. Also with no Executive their was no ability to separate the power to make war, fund war , and control the Forces into separate bodies, as is done now. Congress never had the full means to wage war on its own however. The States were still the source of funding and men, Congress did not have the power to raise either on their own.

No Judiciary prevented the Government from judging law. Their was no court system independent of the State(s), to try the accuse in violation of laws Congress may have passed. Their was also no independent or supreme court system to be the judge on Constitutional matters. The Congress did not have the power to enforce its law, and the States could ignore laws it did not like. If a state simply felt congress had no authority, it could simply ignore and nullify it, with no system to actually judge if it was or was not Constitutional. The Congress could call for a court or commission for disputes between states or individuals of different States, but the United States could have no gain in any of these courts, and no court existed when the complaint was against the United States itself.

With all of the Government power in one place their was no method to ensure its law making integrity and State compliance. This single body did not have the power granted that is needed of a Nation Government to operate in the Domestic or International capacity, and was seen as weak, and insignificant by both communities. Eventual foreign nations negotiated directly with the States and ignored Congress.

The Congress could not suppress insurrection or rebellion or protect the Nation from foreign threat.

The Armed might of the United States resided mainly in the States as militia (all able bodied men) under the Articles of Confederation. Article. States were forbidden from raising a standing Army of their own with out the consent of Congress, and then only, “Deemed requisite to garrison the forts necessary for the defense of such State” in article VI. Congress in turn required Nine states voting yea in order to permit any State to garrison forces. Congress itself could not raise an Army on its own. As a result this left the majority of the immediate defense of the Nation against both domestic and Foreign threats to the Militia. The Militia could be trained and outfitted and Officers appointed, but not raised as an Army.

Congress did not have the means to deal with insurrection, rebellion, other domestic disturbances or Foreign Threats. Congress could not raise its own Army on its own, it could only request from the States for them to provide men for the Armed Forces as stated in Article IX.

“to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; which requisition shall be binding, and thereupon the legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a solid- like manner, at the expense of the United States.”

In addition to not being able to raise a force of its own, in order to even request men to build a force, the Votes of Nine of the States in Congress was required to even build raise an Army.

“The United States in Congress assembled shall never,…agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised…unless nine States assent to the same”

In the event of some sort of domestic disturbance and the United States had no Army raised and the State in which the situation exists had no garrison for the defense of the State, the Militia was the only body available to confront this threat. If the situation grew out of control or too big for the State to take of on its own or the Militia was the problem, the State had no other means to protect itself or the people. In order for the Congress to assist it would have gain the assent of Nine States to do so. There is a very real possibility that at most 12 states would be present during this convening, since the State requesting may not be able to send a sufficient delegates. Would Nine other States delegations be willing to offer their men for this effort would be the first obstacle to overcome. Second would be the State Legislatures providing the men. third would be to assemble them in the place needed. But perhaps the biggest obstacle is that of time, since all of this could not be done quickly. This may result in a situation growing increasingly out of control. Worse would be if Congress was in recess, Congress would to be recalled first, since the Committee of States could not act this being an action requiring Nine States to assent to7.

Against foreign threats, if the threat was not expected so no Army or Navies raised or authorized by Congress, the State militias would also be the first line of defense. States were provided the leeway to defend themselves until congress could act. Many of the same issues with dealing with domestic disturbances would present themselves in dealing with Foreign Threats. The Vote of Nine states would still be required to react or engage in war.

These short coming on the ability to confront both Domestic ad Foreign threats eventually came to a head in two notable situations. After the American Revolution and the treaty of Paris was signed and ratified in 1783-1784, the United Kingdom proceeded to violate the treaty in numerous ways, maintaining forces on American territory, ignoring fishing rights of the United States, but also the seizure of American mariners and forcing them into conscription (impressment) into the British Navy. The Congress was powerless to defend its territory or honor as a sovereign power and state.

Also in 1786, even though the serious flaws of the Articles of Confederation were known, and the Convention of 1787 was already scheduled, the inability to confront a rebellion exemplifies the inability to also deal with domestic issues. In Shays’ Rebellion in 1786-1787, Daniel Shays’ lead an armed uprising in Massachusetts, in response to the States attempt to deal with debtors. Not enough money existed in the Massachusetts (and all other States) to pay for the debt incurred by the War. This eventually lead to confiscations, including homes and property, thus leading to an armed resistance in the Springfield area to the confiscations, and shut down the courts in August 1786. Eventually at least four people dies in the rebellion. But it took the State of Massachusetts raising a Militia of 900 men to to suppress the rebellion and that was not finished until February of 1787, six months later.

The lack of any Standing Army by the States or the Congress was an obvious potentially fatal flaw in the Articles. The United States was not able to defend its sovereignty, and in order to do so, required gaining Nine States in what would be a very tough vote in Congress. It also could not quickly confront domestic issue, and if not reacted to quickly enough, they could grow out of control before Congress could appropriately react, once again requiring a very tough vote in Congress.

Amendments required a Unanimous Vote

Perhaps the most fatal flaw, is the one that did not have a direct impact as the others did on the Nation, that being the nearly impossible task of Altering or Amending the Articles of Confederation. Article XIII requires that the Congress and the Unanimous vote of all State Legislatures to Amend or Alter the Articles.

“nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State”

What this means is that only one of the 21 state legislative bodies (Eight states had Bicameral Legislature, Five Unicameral8) had to reject the amendment to prevent it from being adopted. A State with a Bicameral legislature could only being considered giving consent if both houses did so. If one House failed to give consent, it would not be considered that States Legislature had given consent.

This prevented the Congress and the United States from correcting the issues it discovered and knew in the Articles of Confederation. Many amendments were proposed to address just the issues noted above, several were passed by congress, but NOT ONE AMENDMENT was ever ratified by the by the States. An example of a couple proposed, never to be ratified occurred on August 7, 17869: Art. 14. The United States in Congress Assembled shall have the sole and exclusive power of regulating the trade of the States as well with foreign Nations as with each other and of laying such prohibitions and such Imposts and duties upon imports and exports as may be Necessary for the purpose; provided the Citizens of the States shall in no instance be subjected to pay higher duties and Imposts that those imposed on the subjects of foreign powers, provided also, that all such duties as may be imposed shall be collected under such regulations as the united States in Congress Assembled shall establish consistent with the Constitutions of the States Respectively and to accrue to the use of the State in which the same shall be payable; provided also, that the Legislative power of the several States shall not be restrained from laying embargoes in time of Scarcity and provided lastly that every Act of Congress for the above purpose shall have the assent of Nine States in Congress Assembled, and in that proportion when there shall be more than thirteen in the Union.

Art. 17. And any State which from time to time shall be found in her payments on any Requisition in advance on an average of the payments made by the State shall be allowed an interest of six ------per Cent pr. annum on her said advanced sums or expences and the State which from time to time shall be found in arrear on the principles aforesaid shall be charged with an Interest of six ------per Cent pr. annum on the sums in which she may be so in arrear.

Both were designed to confront and attempt to correct two of the reason the Articles Failed above, Congress could not regulate Commerce, and Congress could not raise revenue. Though the later proposed does not directly states this, the next proposed amendment gives the congress the Ability to enforce it (Article XVIII9). Amendments had been proposed in Congress with many being sent to the States since 1784, ranging from commerce, to taxing, to an executive and judiciary, among others10, but none ever came to be ratified by all Thirteen States.

Passing an amendment was virtually impossible, many times attempted, but never achieved even with the vast evidence of impending failure of the government. Not all States were unwilling to fix each specific issue, though all States knew of the bigger issue and the total weakness and inability in the Congress to be able to act as it needed. Without the ability to correct the issues discovered and preventing the government from carrying out its charge to, “for their common defense, the security of their liberties, and their mutual and general welfare”, government is doomed to fail, since it cannot adapt itself to requirements made of it.

Final Thoughts

The Articles of Confederation were the first attempt at a very young Nation to make a Government to preserve as much liberty and Freedom as possible. In the end they achieved the preservation of freedom and Liberty but failed to provide enough structure to maintain it. Each State could operate on its own, pass its own laws and rules for trade, provide for it own defense in limited manners, but for the Government of all the States the Government lacked the power needed to preserve and protect the common interests of all. These lessons would not be lost on the young nation as with the new Constitution written in 1787, would fix these problems, and others, once again to maximize Freedom and Liberty for all, while providing the collective structure to preserve and protect it.