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The Articles of Confederation

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With the Declaration, the colonies asserted their independence but still mostly lacked a formal government. In the months preceding the Declaration, would-be states had begun drafting their own written constitutions. By the end of 1776, all but three of the states had drafted and ratified constitutions. Georgia and New York followed suit in 1777, as did Massachusetts in 1780. These constitutions created state governments. However, a new national government to oversee the 13 states was also needed. The problem—similar to the one faced in Iraq in 2005—was how to balance regional autonomy with national power.

In the short run, the Second Continental Congress operated as the national government. The Continental Congress also took responsibility for writing a national constitution and, in fact, had appointed a committee for this purpose even before voting to approve the Declaration of Independence. But the process of drafting the constitution proved to be slow. The problem, above all, was that the new states were understandably wary of central authority. Furthermore, differences among the states led to heated debates. Large states wanted proportional representation in the national government, while small states wanted equal representation. Similarly, there was debate about whether states should supply funds to the national government in proportion to their population. If so, did the slave population count? Southern states, with large slave populations, said no. Later, during the Constitutional Convention of 1787, southern states would take a contradictory stance and argue that their slave population should count for purposes of representation in Congress. At this juncture, however, the issue did not arise because all states had equal representation in the Continental Congress and the states assumed that this practice would continue.

Debate also revolved around control of the land west of the colonies. The western boundaries for some states were not yet established. Should the new national government have the power to set those boundaries?21 As a result of such debates, the drafting of the first national constitution, known as the Articles of Confederation, took well over a year; on November 17, 1777, the Continental Congress finally voted to approve the Articles. Ratification by the states was an even slower process, and the Articles of Confederation did not officially take effect until March 1, 1781.22

As its title indicates, the relationship that the Articles of Confederation established among the states was that of a confederation, a union of independent, sovereign states. In a confederation, the primary power, especially with regard to domestic affairs, rests with the individual states; the central government is limited to such functions as leading the nation’s defense and foreign affairs. Confederations are relatively rare. A recent example is the State Union of Serbia and Montenegro, a confederated union of two former republics of Yugoslavia. Serbia and Montenegro maintained autonomous governments; they were united only for the purpose of defense. Their confederation lasted only from 2003 to 2006, when it was dissolved as the result of a referendum.

Articles of Confederation The first constitution of the United States (1781–1788), under which states retained sovereignty over all issues not specifically delegated to the weak central government, comprising a unicameral (one-house) legislature and no independent executive or judicial branch.

confederation A union of independent, sovereign states whose central government is charged with defense and foreign affairs but where the primary power—especially with regard to domestic politics—rests with the individual states.

American Democracy in Context

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