HIST 405N Week 2 Discussion 2: Confederation and Constitution
What were the main problems with the Articles of Confederation that led to the
... [Show More] Constitutional Convention of 1787? How did the national government under the Constitution differ from the Articles of Confederation?
Answer
Hello Professor and Class,
Many think of the Articles of Confederation as a failed experiment or as a hastily crafted union of the states that was doomed for failure by its very nature. While there is truth to both arguments there is a third that deserves consideration as well. That is that the Articles as flawed as they were was the basis for the Constitution that we know today.
The Articles we know was drafted in 1777 and ratified four years later. But the idea of a united confederation was thought of many years before. William Penn purposed a union of the colonies in 1697 and by one of the fathers of our constitution Benjamin Franklin. Franklin crafted the Albany plan of Union in 1754 which called for united union to face the challenges of the French and Indians. The plan called for "a national legislature, the "Grand Council," empowered (with the concurrence of a Crown-appointed "President General") to declare ware and make peace, to control the western lands, including the Indian trade and the creation of new colonies, to raise a military force, and to levy taxes on the several colonies" (Wendel, 1981) Although Franklin's plan was not approved it echoed the nature of Federalism and was a precursor to a lesser union the Articles.
The Articles themselves were successful in several ways. They allowed the colonies to come together in war time to form the Continental army and aid in the fight for the Independence rather than colonies fighting separately. When the war reached its conclusion under the articles the colonies was able to negotiate the Treaty of Paris ofLinks to an external site. 1783.Links to an external site. Through the treaty the colonies guaranteed themselves a future with the land concession it acquired from the British. The Northwest OrdinanceLinks to an external site. of 1787 outlined the mechanism by which states could entire the union north of the Ohio River and east of the Mississippi. The Ordinance also, rightly, prohibited slavery and provided public education in would be the new states. (Wendel, 1981)
But with all that the Articles were fundamentally weak. Because of how the Articles were construction it was bound by the "good faith and virtue" of the states to support it in order to accomplish anything. The articles did not call of a signal strong national government and instead opted for a mere "friendship" of the states. This did not allow the Congress to levy taxes on the colonies. Also it did not enable the Congress, after the war, to have a strong military to protect the new union's interests abroad or domestically. There were several negative effects of this. The colonies experience a immense economic downturn because, for one, the Navy was to weak to protect the traders from pirates. And domestically it experienced backlash and a threats to the very existence with the Shay's RebellionLinks to an external site.. The Articles would have to be reformed.
The Constitution of 1787 was formed to solve the issues the Articles presented. Although it was replaced a lot of the language of the Articles was absorbed into the Constitution such as privileges and immunities of several states and congressional immunity. The Constitution fixed the problem of a strong national governing body that could protect the interests of the states abroad and domestically. It included 3 Branches that would check each other (Checks and Balances) Executive, Legislative, and Judicial Branches were formed. And of course arguably one of the most important aspects, it could levy taxes. It always comes back to economics.
References:
Keene, C. & O'Donnell (2012). Visions of America: A History of the United States (2nd ed.). Boston, MA: Pearson.
Wendel, T. (1981). The Articles of Confederation. National Review, 33(13), 768 [Show Less]