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.