Challenges of the Articles of Confederation

Analytical Reading Activities Topic 1.4: Challenges of the Articles of Conf ederation Paired with: Excerpts from Letter #1 of the Federal Farmer to the Republican Concept Application Before You Read The first government of the United States was established in the Articles of Confederation. Challenges with this form of government caused many to support the new Constitution. As you prepare to analyze the Articles, think about what you remember about the issues that many had with t his governmental structure. Some categories have been provided to guide your brainstorming. Issues Raising and c ollecting taxes Required Document: Excerpts from The Articles of Confederation What you Related Concepts: ◼ Constitution ◼ Confederation ◼ Challenges under the ◼ Shays’ R ebellion recall Fed. Government had no power to impose taxes; only the states could and the government had to request money from the states Process Describe structures and functions. Making changes to the go vernment State versus federal po wer 3 Needed 9/13 states to agree to pass a law Concept Application Describe political principles, institutions, processes, policies, and behaviors. States had more power than the government The Articles of Conf ederation You may already know that our Constitution sets up a federal system, in which states are joined together but with a national government that is supreme when there is a conflict and with certain powers that are exclusive to the national government (e.g., regulating inter-state and international trade, declaring war, concluding treaties, etc.). The Articles of Confederation, however, set up a different type of government. As you read the text, consider how the government under the Articles was structured. Identify how power was divided between the national government and the states. As you read, consider the challenges that some of the provisions of the Articles may have presented to the young country. The directions and questions in the margin will guide your note-taking and help you see how the government under the Articles of Confederation was structured and designed to function as our first plan of government. The Articles of Conf eder ation Authored by the Second Continental Congress, 1777 Ratified by Maryland (last state to do so) on March 1, 1781 Of Confederation and perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. ARTICLE I. The [Style] of this confederacy shall be “The United States of America.” Academic Vocabular y What is meant by a confederation ? a union of sovereign groups (the states) for purposes of common action Check Your Understanding What do you think is the purpose of this document? To establish the power of the states and central government ART. II. Academic Vocabular y Each state retains its sovereignty, freedom, and independence, and every powe r, jurisdiction, and right, which is not by this confederation expr essly delegated to the United States, in Congress assembled Use your prior knowledge and context clues to define sovereignty and jurisdiction in the space below the paragraph. Sovereignty: supreme authority within a territory Jurisdiction: the official power to make legal decisions and judgments. ART. III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. . . . Check Your Understanding Highlight or underline what the document says here about the powers of the sta tes. Check Your Understanding Circle the clues in this article t hat help explain the founders’ idea of a conf ederation. Concept Application ART. V. For the more convenient management of the general interests of the united States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year. No State shall be represented in Congress by less than two, nor more t han seven members; and no person shall be capable of being a delegate for more than thr ee years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united States, for which he, or any other for his benefit, receives any salary, fees or emolument of any kind. Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of the States. In determining questions in the united States in Congress assembled, each state shall have one vote. … Summarize the structure of the Congress as outlined in the Ar ticles. States pick their own delegates, they meet on the first Monday of November, and the states can recall their delegates whenever Check Your Understanding Highlight or underline how many votes each state had under the Ar ticles. ART. VIII. Check Your Understanding All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the united States in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united States in congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the united States in congress assembled. Circle the text that explains how taxes will be assessed and collected under the Articles . ... ART. IX. The united States in congress assembled, shall have the sole and exclusi ve right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiving ambassador s— entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever … ... The united States in congress assembled shall never engage in a war, nor grant letters of marque and reprisal, in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appr opriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of the majority of the united States in congress assembled. Concept Application How is power divided between the states and the national government in Article VIII? States had to raise money for the central government Academic Vocabular y Define commerce using the context of this article. Buying and selling in an economy Check Your Understanding In this passage, find evidence that Congress lacked the sole power to regulate commerce under the Articles. Highlight or underline where you see that evidence. Connect to Cont ent Describe one way in which the powers granted to Congress under the Articles caused problems f or the young republic. Since the central government had little power over the states, there was no unity as the states governed for themselves rather for the country as a whole Concept Application Describe the difficulties the power s not granted to Congress in this section of the Articles would likely have caused to the function of the government. imposts: something imposed, i.e. taxes duties: taxes on imported goods Since they could not regulate the economy, they could not have a strong economic system ART. XIII. Check Your Understanding Every State shall abide by the determination of the united States in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every state, and the union shall be perpetual; 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 Circle how many states woul d have to agree to any changes (amendments) to the Articles . Concept Application How does the amendment process reflect the division of power between the Confeder ation Congress and the sta tes? How might the amendment process impact the functions of the government? It shows that Congress had very little power to make any changes and all the power resides with the states; It would make it much harder for the government to function as it will be difficult to have all 13 states to agree on an amendment Analytical Reading Activities After You Read Thinking Like a Political Scientist Reasoning Process: Process What were the characteristics of Congress outlined in the Articles of Confedera tion? One house legislature; no national executive nor judiciary; delegates of congress were appointed by state legislatures Based on this reading, what are your thoughts about the structural weaknesses of the Articl es? The government was very weak, the states had to much power and the central government could not run properly without having the ability to tax or needing all states to agree to changes Political Science Disciplinary P ractic es Concept Application Going beyond the text, what challenges were or might have been faced by a government in which the national government is designed to be weak? Collecting money, without having the power to tax states or people the central government cant provide security for the people as they lack the proper funds to support a military The evidence in the text supports the idea that the national government relied on a large majority of the states to take action. How does this feature of the Articles of Confederation influence the balance of power between the states and the national government? States would have significantly more power than the central government, creating a divided union rather than a united country Analytical Reading Activities Letter #1 from the Feder al Farmer to the R epublican “Letter #1 of the Federal Farmer to the Republican” is one of the most often read and cited works of the Anti-Federalists. While the author used the pseudonym, Federal Farmer, many have speculated these letters to be the work of Richard Henry Lee. Lee was a prominent Anti-Federalist who was selected to be a delegate to the Constitutional Convention but refused to serve. This text presents a somewhat complex argument that can only be understood with a clear comprehension of some of the key provisions of the Articles of Confederation and the reasons that the Second Continental Congress and the states decided to create a weak central government. However, it is also critical to consider the weaknesses of the national government under the Articles of Confederation that led to the drafting of a completely new constitution in the summer of 1787. As you read the text, consider how the government actually operated under the Articles of Confederation. Identify the challenges that some of the provisions of the Articles may have presented to the young country. Published in pamphlet form in November 1787 OCTOBER 8th, 1787. DEAR SIR, MY letters to you last winter, on the subject of a well balanced national government for the United States, were the result of a fr ee enquiry; when I passed from that subject to enquiries relative to our commerce, reven ues, past administration, etc. I anticipated the anxieties I feel, on carefully examining the plan of government proposed by the convention. It appears to be a plan retaining some federal features; but to be the first important step, and to aim strongly at one consolidated government of the United States. It leaves the powers of government, and the representation of the people, so unnaturally divided between the general and state governments, that the operations of our system must be very uncertain. Check Your Understanding What about the proposed Constitution troubles the F ederal Farmer? He was concerned that the states would form one strong national government Check Your Understanding Circle the text where the author gives his opinion on the division of power between the national government and the states . My uniform federal attachments, and the interest I have in the protection of property, and a steady execution of the laws, will convince you, that, if I am under any bias at all, it is in favor of any general system which shall promise those advantages. The instability of our laws increases my wishes for firm and steady government; but then, I can consent to no government, which, in my opinion, is not calculated equally to preserve the rights of all orders of men in the community. My object has been to join with those who have endeavored to supply the defects in the forms of our governments by a steady and proper administration of them. Check Your Understanding Circle the two interests the Federal Farmer states he has. Check Your Understanding What are the main concerns of the author in these two paragraphs? Paraphrase them in the space below the paragraphs. Though I have long apprehended that fraudulent debtors, and embarrassed men, on the one hand, and men, on the other, unfriendly to republican equality, would produce an uneasiness among the people, and pr epare the way, not for cool and deliberate reforms in the governments, but for changes calculated to promote the interests of particular orders of men ... His main concerns are that the laws are unstable and he wants a strong government (but does not want a strong central government) and he is concerned that the changes will only benefit politicians and not the country as a whole. Concept Application Why does the author believe a federal government of some sort is necessary? I know our situation is critical, and it behooves us to make the best of it. A federal government of some sort is necessary. We have suffered the present to languish; and whether the confederation was capable or not originally of answering any valuable purposes, it is now but of little importance. To keep the states unified and stable . . . A constitution is now presented which we may reject, or which we ma y accept with or without amendments, and to which point we ought to direct our exertions is the question. To determine this question with propriety; we must attentively examine the system itself, and the probable consequences of either step. … The first principal question that occurs, is, Whether, considering our situation, we ought to precipitate the adoption of the proposed constitution? If we remain cool and temperate, we are in no immediate danger of any commotions; we are in a state of perfect peace, and in no danger of invasions; the state governments are in the full exercise of their powers; and our governments answer all present exigencies, except the regulation of trade, securing credit, in some cases, and providing for the interest, in some instances, of the public debts; ... Concept Application Circle the words and phrases in the passage that describe the author’s feelings about how quickly the Constitution is being put f orward f or adoption. .... Check Your Understanding The present moment discovers a new face in our affairs. Our object has been all along, to reform our federal system, and to strengthen our governments—to establish peace, order and justice in the community— but a ne w object now presents. The plan of government now proposed is evidently calculated totally to change, in time, our condition as a people. Instead of being thirteen republics, under a federal head, it is clearl y designed to make us one consolidated g overnment. What is the Federal Farmer referring to when he states, “a new object now presents”? … That the new form of government that is being proposed is completely different from that of the confederation Check Your Understanding Circle what the author asserts is the real objective of the proposed Constitution. precipitate: to move or act quickly, perhaps unwisely We expected too much from the return of peace, and of course we have been disappointed. Our governments have been new and unsettled; and several legislatures, by making tender, suspension, and paper money laws , have given just cause of uneasiness to creditors . Connect to By these and other causes, several orders of men in the community have been prepared, by degrees, for a change of government; and this very abuse of power in the legislatures, which in some cases has been charged upon the democratic part of the community, has furnished aristocra tical men with those very weapons, and those very means, with which, in grea t measure, they are rapidly effecting their favorite object. Governments not yet finding their footing and the paper money laws And should an oppressive government be the consequence of the proposed change, posterity may reproach not only a few overbearing, unprincipled men, but those parties in the states which have misused their powers . .... Those who support the newly propose constitution lack principle and simple do not understand the repercussions of a stronger central government Cont ent Describe two weaknesses of the Articles of Confederation, as mentioned by the author. How does the author use the word oppressive here to send a signal about the proposed Constitution? He uses it to show that a strong central government would take away the rights and freedom of the people Check Your Understanding —We shall view the convention with proper respect—and, at the same time, that we reflect there were men of abilities and integrity in it, we must recollect how disproportionately the democratic and aristocratic parts of the community were represented—Perhaps the judicious friends and opposers of the new constitution will agree, that it is best to let it rely solely on its own merits, or be condemned for its own defects. Paraphrase the author’s position regarding some of the men who are arguing for change in the space below this paragraph. Academic Vocabular y What does the author’s use of the word consolidated here say about his views on the power of the sta tes? The plan proposed appears to be partly federal, but principally how ever, calculated ultimately to make the states one consolidated government. … That the states are so powerful as individuals, they will be even more powerful as one united government There are three different forms of free government under which the Unit ed States may exist as one nation; and now is, perhaps, the time to det ermine to which we will direct our views. 1. Distinct republics connected under a federal head. In this case the respective state governments must be the principal guardians of the peoples rights, and exclusi vel y regula te their internal police; in them must rest the balance of government. The congress of the states, or federal head, must consist of delegates amenable to, and r emov able b y the respecti ve states: This congress must have general dir ecting powers; powers to require men and monies of the states; to make treaties; peace and war; to direct the operations of armies, &c. Under this federal modification of government, the powers of congress woul d be rather advisory or recommendatory than coerciv e. 2. 3. We may do away the federal state governments, and form or consolidate all the states into one entire government, with one executive, one judiciary, and one legislature, consisting of senators and representatives collected from all parts of the union: In this case ther e would be a compleat consolidation of the states. We may consolidate the states as to certain national objects, and l eave them severally distinct independent republics, as to internal police generally. Let the general government consist of an executive, a judiciary, and balanced legislature, and its powers extend exclusively to all foreign concerns, causes arising on the seas to commerce, imports, armies, navies, Indian affairs, peace and war, and to a few internal concerns of the community; to the coin, post offices, weights and measures, a general plan for the militia, to naturalization, and, perhaps to bankruptcies, leaving the internal police of the community, in other respects, exclusively to the state governments; as the administration of justice in all causes arising internally, the laying and collecting of internal taxes, and the forming of the militia according to a general plan prescribed. In this case there would be a compleat consolidation, quoad [with respect to] certain objects only. Content Application The author describes three possible forms of government that could be instituted. After r eading this first option, describe one way that it is similar to, and differ ent from, the Articles of Confederation. State governments still have significant power, they still play the role of security for their people Check Your Understanding How does this second option connect to the author’s prior use of the term consolidation? He uses it to emphasize that this suggestion of government will create a stronger Check Your Understanding How does this third option compare to the first and the second options? The central government is still limited Touching the first, or federal plan, I do not think much can be said in its favor: The sovereignty of the nation, without coercive and efficient powers to collect the strength of it, cannot always be depended on to answer the purposes of government; and in a congress of representatives of foreign states, there must necessarily be an unreasonable mixture of powers in the same hands. Check Your Understanding Circle the issues or problems the author finds with the first and second options. As to the second, or compleat consolidating plan, it deserves to be carefully considered at this time by every American: If it be impracticable, it is a f atal error to model our governments, directing our views ultimately to it. The third plan, or partial consolidation, is, in my opinion, the only one that can secure the freedom and happiness of this people. I once had some general ideas that the second plan was practicable, but from long attention, and the proceedings of the convention, I am fully satisfied, that this third plan is the only one we can with safety and propriety proceed upon. .. . Independent of the opinions of many great authors, that a free elective government cannot be extended over large territories, a few reflections must evince, that one government and general legislation alone never can extend equal benefits to all parts of the United States: Different laws, customs, and opinions exist in the different states, which by a uniform system of laws would be unreasonably invaded. The United States contain about a million of square miles, and in half a century will, probably, contain ten millions of people; and from the center to the extremes is about 800 miles. Before we do away the state governments or adopt measures that will tend to abolish them, and to consolidate the states into one entire government several principles should be considered and facts ascertained:—These, and my examination into the essential parts of the proposed plan, I shall pursue in my next. Your’s, &c. THE FEDERAL FARMER. Check Your Understanding Of the three discussed, which plan does the author believe woul d be the most likely to “secure the freedom and happiness of this people”? How does he support this conclusion? The third plan, he supports this by showing that this plan allows each state to govern with their own laws while still unifying the country as a whole Check Your Understanding Highlight or underline the argument the author makes about why a “consolidated” go vernment is not possible over a country the size (and future size) of the United Stat es. After You Read Thinking Like a Political Scientist Reasoning Process: Process What does the author believe to be the right balance of power between the national government and the states? That the states still have the power to govern their jurisdiction as they see fit and the central government gain more power to further unify the country Based on this reading, what are your thoughts about the structural weaknesses of the Articl es? The articles of confederation were poorly thought out and executed, there was no way the country could have been united if all states are allowed to govern as their own entity Political Science Disciplinary P ractices Concept Application Which of the three versions of government described by the Federal Farmer is most like the Articles? Which is most like the Constitution? Use the Venn Diagram Below to categorize the details from his argument. The first option is most like the articles as the power favored heavily towards the state governments and giving a little more power to the central government The second option is most like the constitution as he provided the separation of powers and the unification of the country Making Connections Now, think about both readings as you complete the table bel ow. Which challenges with the Articles of Confederation did the Constitution resolve? How? Issue Amendment P roc ess Inability to tax In Articles of Conf ederation Resolved in the Constitution Needed all states to agree to make changes Needed 2/3 of the houses and ¾ of states to agree to make changes The federal government had to ask for money The federal government had the power to tax Do you think the Federal Farmer ’s fears of a “consolidated government” have been realized in our government today? How might you connect that concern to the current political debates over federalism and the proper balance of power between the national government and the states? No because the powers of the government are separated and is not concentrated with one person;