What were the powers of the government under the Articles of Confederation?

On November 15, 1777 the Continental Congress adopted the Articles of Confederation, the first constitution of the new nation. The Articles created a government in which the colonies - now states - retained most of the power. This left the central government weak, without essential powers like the ability to control foreign policy or to tax. In 1786, a group of western Massachusetts residents, led by former Continental Army Captain, Daniel Shay, rebelled because of the state’s high taxes and wartime debt. This event made it apparent that the federal government established by the Articles of Confederation was unable to address internal rebellions because it did not have the funds nor the military power to do so. In May 1787, the Constitutional Convention met in Philadelphia to address the shortcomings of the Articles. In September, the Constitution was born.

This photograph depicts Independence Hall. This building served as the setting for many important moments in American history - such as the signing of the Declaration of Independence and the ratification of the Articles of the Confederation.

Just ten years after the creation of the Articles of Confederation, the United States adopted a new constitution that was significantly different from its predecessor.

One of the most significant changes between the Articles of Confederation and Constitution was the creation of the three branches of government: the executive, legislative, and judicial. This separation of powers ensured that power would not be concentrated in one particular branch. Under the Articles of Confederation, there was no executive or judicial branch, and the legislative body was a single body appointed by the state legislatures. The Constitution created a bicameral legislature: the House of Representatives, elected by the popular vote; and the Senate, still appointed by the state legislature. Each member of the new Congress was granted a vote, while under the Articles each state was granted a singular vote. Members of Congress under the Articles served one year terms with term limits, while the Constitution made terms two years for Representatives and six years for Senators, with no term limits.

This painting entitled, "Scene at the Signing of the Constitution of the United States" was painted by Chandler Christy in 1940. It depicts George Washington, president of the convention, standing on a platform in room full of delegates. They are in Independence Hall.

The Constitution also gave the federal government more power over money and taxes. The new system of government allowed Congress to control interstate commerce and barred states from creating their own coined money. It also granted the federal government the power to tax individuals. The Articles of Confederation were written when rhetoric such as “Taxation without Representation” filled the political atmosphere. This meant that the Articles granted the central government no power to tax, but instead had to request money from the states, with little to no ways to enforce it. Without the ability to tax, the central government could not do essential taxes such as pay debts. Taxation increased the power of the federal government because it gave the new government the ability to raise and support the military, to pay Congress, and to fund its other functions.

Ultimately, the largest difference between America’s two governing documents is in that the Articles sovereignty resided in the states, and the Constitution was declared the law of the land when it was ratified which significantly increased the power of the federal government. The Articles were seen as stagnant, uneasily changed, and ineffective. The Constitution was created to be a living document, a document that can be amended, to meet the needs of a growing and changed nation.

Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia . . . .

Article I.  The Stile of this confederacy shall be, “The United States of America.”

Article II.  Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.

Article III.  The said states hereby severally enter into a firm league of friendship with each other, for their common defence, 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 pretence whatever. . . .

Article 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 by more than seven Members; and no person shall be capable of being delegate for more than three 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 another 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. . . .

Article IX. The united states, in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, . . . - of sending and receiving ambassadors - 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 also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states - fixing the standard 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 and 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.

The united States, in congress assembled, shall have authority to appoint a committee, to sit in the recess of congress, to be denominated, “A Committee of the States,” and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction - to appoint one of their number to preside; provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expenses; to borrow money or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted, -  to build and equip a navy - to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state . . . .

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 defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate 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 a majority of the united states in congress assembled. . . .

Article XIII. Every State shall abide by the determinations 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 con-firmed by the legislatures of every state.

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