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The Articles of Confederation vs. U.S. Constitution Scaffolded

An activity that explores the differences between the Articles of Confederation and the Constitution.

Primary Sources: Articles of Confederation vs. Constitution 

Objectives:

  • I can compare the Articles of Confederation with the Constitution.
  • I can identify the powers a national government must have to function effectively.

 

Caption: Articles of Confederation 

Primary Source: The Articles of Confederation, 1781 

Building Context: The Articles of Confederation was the first governing document of the United States. It was adopted by the Second Continental Congress in November 1777, and ratified by the states in 1781. The Articles created an association of sovereign states. The central government had little authority: the legislature consisted of only one house (unicameral) and it had no power to regulate commerce and no power of taxation. Amendments had to be agreed upon unanimously by all states, which made changes next to impossible.  

Text  Annotations 
Article II. 

Each state retains its sovereignty (power), freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled…. 

 

Any power not listed in the Articles is given to the individual states. 
Article V. 

For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures 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….In determining questions in the United States in Congress assembled, each State shall have one vote. 

 
Article VII. 

When land forces are raised by any State for the common defense, all officers of or under the rank of colonel, shall be appointed by the legislature of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. 

 
Article VIII. 

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 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. 

 
Article IX.  

The United States in congress assembled, shall have the sole and exclusive right and power of determining on peace and war . . . . 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….establishing or regulating post-offices from one state to another, throughout all 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 also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever;   
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 members 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…   

 

Caption: Constitution 

Primary Source: The Constitution, ratified 1787 

Building Context: Many Founders, including George Washington and James Madison, became concerned that the government established by the Articles of Confederation was inadequate. In 1786, Charles Pinckney of South Carolina proposed revising the Articles. The next year, Congress approved a plan to revise the Articles that summer in Philadelphia. In the summer of 1787, delegates from 12 states gathered in Philadelphia and replaced the Articles of Confederation with a new form of government. That new form of government was enshrined in the Constitution, which created a federal system with a national government composed of three separate branches of government. The Constitution granted certain powers to the national government and also included both reserved powers (powers that only the states could exercise) and concurrent powers (powers that both states and the federal government could exercise). In September of 1787, the Constitution was sent to state ratifying conventions for ratification. 

Text  Annotations 
Article I, Section 1  

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.  

Article I, Section 8  

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;  

To borrow Money on the credit of the United States;  

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;  

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;  

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;  

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;  

To establish Post Offices and post Roads; 

To constitute Tribunals inferior to the supreme Court;  

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; T 

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;  

To provide and maintain a Navy;  

To make Rules for the Government and Regulation of the land and naval Forces;  

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; …  

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. 

Bicameral legislatiure (House and Senate), unlike the Articles that had just one house 
Article II, Section 1 

The executive Power shall be vested in a President of the United States of America. 

He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected… 

 
Article II, Section 2 

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. 

 

He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States… 

 

 
 
Article III, Section I 

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. 

 
Article VI  

 . . This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land . . .. 

 

 

After reviewing the excerpts from the Articles of Confederation and the Constitution, fill in the table below.  

  Articles of Confederation  Constitution  
Branch of government that holds the most power     
Evidence of checks and balances     
Treatment of state sovereignty     
Power of national government      

  

Assess and Reflect 

  • Which of these documents better equips the government to carry out the purposes of government? Explain.  
  • What Founding principles were included in the creation of the Constitution that were missing from the Articles of Confederation? Choose at least two to discuss.   
  • How did the Constitution solve the problems of the Articles of Confederation?