The Confederation and the Constitution | | | | |
Shortly after Thomas Jefferson penned the Declaration of Independence in 1776, the delegates at the Second Continental Congress agreed that a new government was necessary to govern the now-independent colonies. After much debate, they drafted and adopted the Articles of Confederation in 1777.
Although the Articles were not officially ratified until 1781, they served as the actual constitution until that time. Under the authority of the Articles, the states created a national Congress comprised of annually elected delegates from all thirteen states. Each state had one vote in Congress, and, in most cases, decisions were made based on majority rule.
The National Congress’ powers over the states were specific and definite: it had the sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system. Eventually, Congress was also authorized to govern western territories until they achieved statehood.
All powers not granted to Congress were reserved for state governments. Congress had no power to levy taxes. For example, it could only request that the individual states raise revenue to cover their share of national expenses. Furthermore, any amendments made to the Articles required an animus agreement from the states.
The Articles made the National Congress weak on purpose. Having just won independence from Great Britain, many Americans feared that creating a strong federal government with too much authority over the states would only replace King George III with another tyrant. Instead, they envisioned Congress to be a supervisory body that would tie the