Having declared that power comes from the consent of the governed, Americans had to build a government for the whole country. Their first try, the Articles of Confederation, was adopted by Congress in 1777 and in force from March 1, 1781, when Maryland ratified, until the Constitution replaced it in 1789 (its history).
| The Articles | What it meant |
|---|---|
| One house of Congress; each state one vote | Small and large states equal; no separate executive or national court system |
| No power to tax | Congress could only ask the states for money (requisitions), and they often paid little |
| No power to regulate trade between states | States taxed each other's goods; Congress could not make one trade policy |
| Laws acted on states, not people | No way to enforce a law on an individual |
| 9 of 13 states for major laws; all 13 for amendments | Hard to act, nearly impossible to fix |
Why it works
The design was deliberate. Americans had just fought a distant, powerful government that taxed them, so they kept power in the states. But a government that cannot tax cannot pay its soldiers or its debts, and one that cannot regulate commerce cannot settle trade wars. Hamilton called the "great and radical vice" of the Articles "the principle of LEGISLATION for STATES or GOVERNMENTS" instead of for individuals (Federalist No. 15). When Shays' Rebellion (1786–1787) broke out in Massachusetts, many leaders concluded the system needed more than repairs.
Key idea
Under the Articles, Congress could make war and treaties but could not tax, not regulate interstate commerce and not enforce its laws; there was no executive and no national court system; major laws needed 9 states and amendments all 13.
Worked example: Diagnosing a problem
In the 1780s Congress could not pay the interest on the war debt. Which weakness explains that?
- Paying debts takes money. Where did Congress's money come from?
- It could only request money from the states, which often did not pay. It had no power to tax.
Answer: No power to tax.
Worked example: Counting votes
Twelve states want to amend the Articles to let Congress collect a 5 percent tax on imports; one state refuses. Does the amendment pass?
- Article XIII requires every state legislature to confirm an amendment.
- One refusal blocks it. (Proposals like this one failed in the 1780s for that reason.)
Answer: No. Amendments needed all 13 states.
Common mistake
Thinking the Articles created no national government. There was a Congress with real powers: it waged the war, made the Treaty of Paris (1783), and passed the Northwest Ordinance (1787). What it lacked was the power to tax, to regulate commerce and to enforce. Check: a list of the Articles' powers includes war and treaties; a list of its weaknesses starts with money.