Transcript Articles of Confederation (and the weaknesses)

Background
• Each of the former colonies became
independent nations
• Each was free to do as they pleased
• Very jealously guarded the newly achieved
freedom
Background
• Each responsible for defense
• Each is militarily weak
• How can we provide for defense without
losing sovereignty?
Collaboration
• Negotiate
– Method for common defense
– Preserve newly achieved freedom
Outcome
• Agree to give up some (VERY LITTLE) power to
the central government
• Largely retain sovereignty
This Document?
Articles of Confederation
Articles of Confederation
Second Continental Congress – July 12, 1776
Adopted: November 15, 1777
11 States support within a year (No Maryland and Delaware)
Effective: March 1, 1781 (Maryland)
John Dickinson
Basics
• Pre-amble
• 13 articles
• “League of friendship and perpetual union”
• Would:
– Respect public acts, records, and judicial proceedings
of other states
– Surrender fugitives
– Treat other states citizens equally
State vs. National Sovereignty
• "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.“
• Dominant Branch?
Congress?
• Unicameral or Bicameral?
Representation?
• "No state shall be represented in Congress by
less than two, nor by more than seven
Members”
• Members of Congress were chosen and paid
by state legislatures
• "In determining questions in the united
states....each state shall have one vote."
Passing Acts
• "a majority of the united states in congress
assembled”
• "nine states assent to the same“
• Need supermajority (9/13)
Amendments
• "agreed to in a congress of the united states,
and be afterwards confirmed by the
legislatures of every state.“
• How many were there???
Executive?
• "The united states in congress assembled shall
have authority to appoint ...one of their number
to...serve in the office of president"
• First Executive?
– Samuel Huntington (President of Continental
Congress) and Thomas McKean (replaced Huntington
when Huntington resigns due to illness)
– John Hanson (Maryland) (Elected) (Considered First)
• No executive branch
Judiciary
• Very Limited Power
• States submit problems to Congress
National Governmental Powers
• Limited powers
• One branch of government – a legislature which carried out
both legislative and executive functions
• To have embassies and receive ambassadors
• To make and wage war
• Appoint ambassadors
• To enter into treaties
• Establish maritime courts
• Authority to settle border disputes between states
• Regulate trade with Indian tribes
• Set up post offices and charge postage
• Appoint officers to the army and navy
National Power Breakdown…
• National government could….
– Declare war
– Make treaties
– Coin money (states too)
• States retained sovereignty here
• Resolve the problems with Indians
• Establish and maintain a post office
State Governmental Powers
• All powers not delegated to the national
government
• Taxation
• Each state had its own judicial system
• Power to collect taxes
• Power to enforce laws passed by Congress
WEAKNESSES???
Weaknesses:
•One vote for each State
•2-7 Representatives and one vote
•National Government can’t impose taxes on citizens (must ask states)
•Congress can’t regulate foreign or interstate commerce
•No executive to enforce acts of congress
•No national court system
•Amendments require all 13 states approval (0 ever passed)
•9/13 (supermajority) to pass laws
•Unicameral legislature
•State and National Government could coin (create) money
Other Issues
• Who would control Western territories?
– States or national government
• Who would profit or expand off of this
• How taxation is determined
The time for change has come…
• In February, 1787, Congress put out a call for
the states to send delegates to a convention
in Philadelphia.
• The sole official purpose of the convention
was to revise the Articles of Confederation
Shays’ Rebellion
•
•
•
•
Economic turmoil (inflation and debt)
Property owners lose land (small farmers)
August 29, 1786
Daniel Shays
– Officer in War
• Leads uprising
– Attempt to prevent rulings on debt and land loss
until new legislature in place
– Break into jails to free debtors
– Burns barns of wealthy
– Some wealthy contribute money out of fear
• Shay’s asks militia outside courthouse to:
– Refrain from indicting any man who had been part of
the previous court closings
– That no more courts convene until the people's
grievances had been considered and redressed
– the government dismiss the government militia
guarding the courthouse.
• General Shepard refused to consent to any of these
demands
• Agrees that Shays’ men can peaceably protest
• In return, Captain Shays promised that his men would not
molest either the militia guarding the courthouse or the
justices inside.
Attack on the Federal Arsenal
• Attack on Federal Arsenal in Springfield,
Massachusetts (failed)
• Most violent of conflicts between
Massachusetts government and protestors
• Shays’ flees
– Convicted but later pardoned
Annapolis
Philadelphia Convention (Revise Articles)