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Why didn't the Articles of Confederation work?

  • What was the American Revolution?
  • How did the American Revolution begin?
  • What were the major causes of the American Revolution?
  • Which countries fought on the side of the colonies during the American Revolution?
  • How was the American Revolution a civil war?

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Articles of Confederation

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Articles of Confederation , first U.S. constitution (1781–89), which served as a bridge between the initial government by the Continental Congress of the Revolutionary period and the federal government provided under the U.S. Constitution of 1787. Because the experience of overbearing British central authority was vivid in colonial minds, the drafters of the Articles deliberately established a confederation of sovereign states. The Articles were written in 1776–77 and adopted by the Congress on November 15, 1777. However, the document was not fully ratified by the states until March 1, 1781.

On paper, the Congress had power to regulate foreign affairs, war, and the postal service and to appoint military officers, control Indian affairs, borrow money, determine the value of coin, and issue bills of credit. In reality, however, the Articles gave the Congress no power to enforce its requests to the states for money or troops, and by the end of 1786 governmental effectiveness had broken down.

Why didn't the Articles of Confederation work?

Nevertheless, some solid accomplishments had been achieved: certain state claims to western lands were settled, and the Northwest Ordinance of 1787 established the fundamental pattern of evolving government in the territories north of the Ohio River . Equally important, the Confederation provided the new nation with instructive experience in self-government under a written document. In revealing their own weaknesses, the Articles paved the way for the Constitutional Convention of 1787 and the present form of U.S. government.

American History Central

The Articles of Confederation — America’s First Constitution

March 1, 1781–1789

The Articles of Confederation was America's first constitution. It was in effect from March 1, 1781, to March 4, 1789, when it was replaced by the United States Constitution.

John Dickinson, Illustration

John Dickinson, a delegate from Delaware, was the principal author of the draft of the Articles of Confederation. Image Source: New York Public Library Digital Collections .

Articles of Confederation Summary

As the delegates to the Second Continental Congress were drafting the Declaration of Independence , they were also developing a plan for unifying the 13 Colonies to defeat Great Britain. In the summer of 1776, a committee composed of one delegate from each colony drafted the Articles of Confederation — America’s first constitution. Although the document created a weak central government compared to the federal government established by the current Constitution, the Articles successfully created a “firm league of friendship” that guided the new nation through its early years.

Articles of Confederation Dates

  • On June 11, 1776, the Second Continental Congress appointed a committee, composed of one representative from each colony, to draft a document forming a confederation of the 13 colonies.
  • The Articles of Confederation were adopted by Congress on November 15, 1777.
  • The Articles went into effect when they were ratified by the 13th and final state (Maryland) on March 1, 1781.
  • In May 1787, following events such as Shays’ Rebellion, a convention was held in Philadelphia to revise the Articles. However, the convention resulted in the United States Constitution.
  • The Articles were replaced by the Constitution on March 4, 1789.

Facts About the Articles of Confederation

  • John Dickinson, a delegate from Delaware, was the principal writer of the draft document.
  • As adopted, the articles contained a preamble and 13 articles.
  • The Articles established a Confederation Congress with each state having one vote.
  • Measures passed by Congress had to be approved by 9 of the 13 states.
  • It did not establish federal executive or judicial branches of government.
  • Each state retained “every Power…which is not by this confederation expressly delegated to the United States.”
  • Provided Congress with the powers to conduct foreign affairs, declare war or peace, maintain an army and navy, print money, resolve disputes between states, and a variety of other lesser functions.
  • Denied Congress the power to collect taxes, regulate interstate commerce, and enforce laws.
  • All 13 states had to agree to any amendment of the federal government’s power.

Articles of Confederation — A Brief History of America’s First Constitution

The Articles of Confederation outlined the functions of the first national government of the United States, after gaining independence from Great Britain. The Articles created a limited central government that, to a certain extent, restricted individual states from conducting their own foreign diplomacy.

Albany Plan of Union

Just before the outbreak of the French and Indian War, the Albany Plan of Union was developed It was the first attempt to unite the colonies from New England to South Carolina. However, the plan was rejected for various reasons, including concerns the individual colonies had about granting authority to a central colonial government. 

However, as the American Revolution progressed and became the American Revolutionary War, many leaders recognized the benefits of a centralized government to coordinate the war effort. 

Benjamin Franklin, Portrait, Duplessis

New York’s Plan of Unification

In June 1775, the First New York Provincial Congress submitted a proposal for a united government to the Continental Congress. Like the Albany Plan, New York’s “Plan of Accommodation between Great Britain and America” acknowledged the authority of the British Crown, which was unpopular with the faction of Congress that leaned toward independence. 

Benjamin Franklin’s Articles of Confederation

Outside of the proceedings of Congress, some delegates explored the idea of a permanent union between the colonies, other than the temporary Continental Congress. 

Benjamin Franklin drafted a plan titled “Articles of Confederation and Perpetual Union.” Although key delegates such as Thomas Jefferson endorsed Franklin’s proposal, it faced opposition. Franklin introduced his plan to Congress on July 21, emphasizing it should be considered a draft, which should be revised at a later date. The delegates agreed and decided to set the plan aside at that time.

Congress Agrees on Independence

Ultimately, Congress adopted Virginia’s “Resolution for Independence,” which was introduced by Richard Henry Lee on June 7, 1775. Also known as the “Lee Resolution,” it proposed three important initiatives:

  • Called for Congress to declare independence.
  • Form foreign alliances.
  • Prepare a plan to unite the colonies.

Richard Henry Lee, Illustration

The Committee of Thirteen

On June 11, Congress set up three committees — one for each of the initiatives. The committee assigned to “prepare a plan to unite the colonies” is known as the “Committee of Thirteen.” It included one delegate from each state:

  • John Dickinson, Pennsylvania, Chairman
  • Samuel Adams, Massachusetts
  • Josiah Bartlett, New Hampshire
  • Button Gwinnett, Georgia
  • Joseph Hewes, North Carolina
  • Stephen Hopkins, Rhode Island
  • Robert R. Livingston, New York
  • Thomas McKean, Delaware
  • Thomas Nelson, Virginia
  • Edward Rutledge, South Carolina
  • Roger Sherman, Connecticut
  • Thomas Stone, Maryland
  • Francis Hopkinson, New Jersey

Roger Sherman, Founding Father, Illustration

The Committee Introduces the Articles of Confederation

On July 22, the committee presented its report to Congress. The Articles included. 

  • A government consisting solely of a unicameral legislature without an executive or judicial branch.
  • It would have limited powers to deal with foreign affairs, defense, and treaty-making.
  • The government did not have the authority to levy national taxes or regulate interstate trade. 
  • Any laws it created were nonbinding unless states chose to enforce them. 

The Articles were intended to balance the political ideas embraced in the American Revolution, such as “No Taxation Without Representation” and the necessity of conducting the war. However, there were significant issues that needed to be addressed, including:

  • Representation. The issue was resolved by giving all states equal status and one vote.
  • Appropriation. This was settled by having states contribute money to Congress based on the value of privately owned land. 
  • Control of western lands. Some states, like Virginia, claimed large territories that stretched across the frontier, to the west. Others, like Maryland, had no claims and insisted that such territories should be ceded to Congress beforehand. This issue was not resolved until much later.

The issues postponed the final debates on the Articles of Confederation until October 1777.

Congress Agrees to the Articles of Confederation

By October 1777, the situation was urgent, as British forces had captured Philadephia in September, forcing the members of Congress to flee to Lancaster, Pennsylvania, and then to York, Pennsylvania. On November 15, 1777, During the sessions in York, the delegates finally agreed to a framework for the Articles of Confederation. 

Congress forwarded the Articles to the states for ratification in late November. While most delegates recognized the Articles as a flawed compromise, they believed it was preferable to having no formal national government at all.

12 States Ratify the Articles of Confederation

Virginia led the way by ratifying the Articles of Confederation on December 16, 1777. Subsequently, other states followed suit during the early months of 1778. However, when Congress reconvened in June 1778, it was revealed that Maryland, Delaware, and New Jersey had not succeeded in ratifying the Articles. 

The Articles required unanimous approval from all states, and the states that were holding out insisted the others needed to abandon their western land claims before they would ratify the document. 

Ultimately, with the war at a crucial point, the “landed” states — those with western land claims, like Virginia — indicated they would cede the lands. New Jersey and Delaware were satisfied and agreed to the terms of the Articles.

  • New Jersey ratified the Articles on November 20, 1778.
  • Delaware ratified the Articles on February 1, 1779. 

Maryland’s Path to Ratification

Maryland was not convinced the states would follow through on ceding lands and was the last holdout to ratify the Articles of Confederation.

Maryland’s reluctance was frustrating to the other state governments. Some even passed resolutions in favor of establishing a national government without Maryland. 

However, some politicians, like Congressman Thomas Burke of North Carolina, argued against such a measure. Burke and others insisted that without the unanimous approval of all 13 States, the nation would be vulnerable, divided, and susceptible to foreign interference and manipulation.

In 1780, British forces carried out raids on Maryland towns located along the Chesapeake Bay, alarming state officials. Maryland responded by contacting the French Minister, Anne-César De la Luzerne, and requesting French naval support. Luzerne responded by encouraging Maryland to ratify the Articles of Confederation. 

Virginia’s Governor, Thomas Jefferson , also agreed to cede all western land claims to Congress.

Finally, the Maryland legislature ratified the Articles of Confederation on March 1, 1781. On that date, the Articles of Confederation formally transformed the United States from a collection of 13 loosely connected states into a confederation government

Thomas Jefferson, Painting, Rembrandt Peale

Weaknesses of the Articles of Confederation

Unfortunately, the Articles did not grant Congress the necessary authority to force the states to comply with its decisions, including the provisions in the 1783 Treaty of Paris .

The Treaty of Paris allowed British creditors to sue debtors for pre-Revolutionary debts, a clause many state governments simply ignored. In response, British forces continued to occupy forts in the Great Lakes Region. 

Additional issues that were caused by the weakness of the Articles of Confederation included:

  • Without the ability to raise funds, the Confederation Congress was financially limited and dependent on the states for revenue, and the States often failed to provide funds.
  • States also disregarded laws meant to standardize interstate commerce. 
  • Congress did not have the power to regulate foreign trade, allowing nations like Britain to impose trade restrictions without fear of retaliation. 
  • Congress had no way to force states to provide military forces during a time when the military was needed to deal with Indian unrest in the Northwest Territory .

Similar issues, along with the Confederation government’s inadequate response to Shays’ Rebellion in Massachusetts, convinced national leaders of the need to make changes to the Articles of Confederation. This ultimately led to the Philadelphia Convention of 1787 , which drafted the Constitution of the United States.

Constitutional Convention, Signing the Constitution, Christy

Accomplishments Under the Articles of Confederation

Despite its limited authority, the Confederation Congress was able to accomplish some important feats that led to the growth and development of the nation.

1783 Treaty of Paris

The 1783 Treaty of Paris was one of a series of treaties, collectively known as the Peace of Paris, or the Treaty of Versailles of 1783, that established peace between Great Britain and the allied nations of France, Spain, and the Netherlands. The Treaty of Paris was negotiated as a separate treaty between Great Britain and the United States, the primary provisions of the Treaty of Paris established the independence of the United States and ended hostilities between the two nations. Other provisions dealt with defining borders, restitution for Loyalist property confiscated by Americans during the war, the return of slaves confiscated by the British, and the removal of British troops from American soil. Congress ratified the treaty on January 14, 1784.

Ordinance of 1784

The Ordinance of 1784 was a bill passed by the Congress of the Confederation that served as an initial blueprint for governing the territory Britain ceded to the United States after the American Revolutionary War.

Land Ordinance of 1785

The Land Ordinance of 1785 was a bill passed by the Congress of the Confederation. It made adjustments to the Ordinance of 1784 and introduced squares. If first divided the land into six-mile-square townships. It also required the land to be surveyed and for some of it to be given to veterans of the Continental Army.

Northwest Ordinance of 1787

The Northwest Ordinance of 1787 , also known as the Ordinance of 1787, set up the rules and guidelines for governing the Northwest Territory, including a bill of rights and prohibition of slavery. It also set up the process for a territory to become a state and join the Union, with equal status to the 13 Original States.

Presidents Under the Articles of Confederation

The following men served as President from 1781 to 1789 under the Articles of Confederation. The position was officially called “President of the United States in Congress Assembled.” 

Contrary to some sources, these men did not hold the office of President of the United States. It was an entirely different office. 

Thomas McKean, Portrait

  • Samuel Huntington served from March 2, 1781, to July 6, 1781, when he retired.
  • Thomas McKean served from July 10, 1781, to October 23, 1781. During his term as President, Congress received the news of the British surrender at Yorktown .
  • John Hanson was the first President to serve a full term and served from November 5, 1781, to November 3, 1782. Hanson is sometimes referred to as the first President of the Confederation Congress. However, he is recognized as the third President by the Office of the Historian of the United States House of Representatives.
  • Elias Boudinot was President from November 4, 1782, to November 3, 1783. During his term, the British evacuated Charleston in January 1783, and the Treaty of Paris of 1783 was signed in September 1783, which officially ended the American Revolutionary War.
  • Thomas Mifflin was President from November 3, 1783, to November 30, 1784. During his term, George Washington resigned from the army. On December 23, 1783, in a ceremony in Annapolis, Maryland, Washington handed his commission and resignation speech to Mifflin.
  • Richard Henry Lee served from November 30, 1784, to November 4, 1785.
  • John Hancock was appointed President and held the title from November 23, 1785, to June 6, 1786. However, Hancock was ill and he could not perform the duties of the office. His duties were carried out by David Ramsay from November 23, 1785, to May 15, 1786, and then by Nathaniel Gorham from May 15 to June 5, 1786. Ramsay and Gorham were Chairman of the Confederation Congress.
  • Nathaniel Gorham served as President from June 6, 1786, to November 2, 1786.
  • Arthur St. Clair served as President and served from February 2, 1787, to October 5, 1787.
  • Cyrus Griffin was the last President of the Congress Assembled and served from January 22, 1788, to March 2, 1789.

Articles of Confederation Significance

The Articles of Confederation are important to United States history because they served as the first Consitution of the United States. Although the Articles had many weaknesses, the Confederation Congress was able to make some key legislative decisions that helped the nation develop. Ultimately, the lessons learned during the time the nation operated under the Articles helped develop its replacement, the United States Constitution.

Thomas Mifflin, Illustration

Articles of Confederation APUSH, Review, Notes, Study Guide

Use the following links and videos to study the Articles of Confederation, the Confederation Congress, and the Confederation Era for the AP US History Exam. Also, be sure to look at our Guide to the AP US History Exam .

Articles of Confederation Definition APUSH

The Articles of Confederation is defined as the first written constitution of the United States, adopted in 1781. The articles established a weak federal government with limited powers, with most decision-making power reserved for the individual states. The articles were in effect until 1789 when they were replaced by the United States Constitution.

Articles of Confederation Video — Explained for APUSH and AP Gov

This video from Heimler’s History discusses the Articles of Confederation, one of the Foundational Documents for APUSH and AP Gov.

  • Written by Randal Rust

The Articles of Confederation

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Unification of British Colonies Under One Government

The Articles of Confederation were revolutionary in their desire to bring colonies together under one government. In Franklin’s version, the colonies together would form a united front:

[A] firm League of Friendship with each other, binding on themselves and their Posterity, for their common Defense against their Enemies, for the Security of their Liberties and Properties, the Safety of their Persons and Families, and their mutual and general welfare (Article II, 260).

As a singular nation, Franklin knows that the “United Colonies of North America” can wield much more military strength and political might that will be needed in fighting the British in the Revolutionary War. He even opens the possibility for the United Colonies to expand by suggesting the invitation of other British colonies so that they would be “entitled to all the Advantages of our Union, mutual Assistance and Commerce” (Article XIII, 263). This inclusion would continue to expand the colonies under one common banner.

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Articles of Confederation Summary

A summary of the Articles of Confederation, which will not just help you get a better understanding of this agreement, but also help you differentiate its guidelines from those of the Constitution.

Articles of Confederation Summary

Not many people know this, but the Articles of Confederation was used as the first constitution of the United States of America. It was used as the supreme law for a brief period in the American history between March 1, 1781, and March 4, 1789. Even though it was written by the same people who wrote the Constitution, you can see a great deal of difference between the two.

Summary of the Articles of Confederation

The Articles of Confederation was a five-page written agreement, which laid the guidelines of how the national government of America would function. The preamble of the Articles stated that all the signatories “ agree to certain Articles of Confederation and perpetual Union ” between the thirteen original states. It had a total of thirteen articles which formed the guidelines for the functioning of then Federal government along with a conclusion and a signatory section for the states to sign. Given below is the summary of these thirteen articles which will put forth brief information on each of them with special emphasis on what they imply.

  • Article I: It gave the new confederacy a name―the ‘United States of America’, which is followed even today.
  • Article II: It gave all the states sovereignty, freedom, and independence, alongside all those powers which were not specifically given to the national government.
  • Article III: It implied that the different states should come together to facilitate common defense, secure each other’s liberties, and work for each other’s welfare.
  • Article IV: It granted the freedom of movement to all the citizens of the nation as a whole which allowed people to move freely between the states and also entitled them to get the rights established by the particular state. It also spoke about the need of respecting each other’s laws and a clause to extradite criminals.
  • Article V: It spoke about the national interests of the United States and asked each state to send delegates to discuss the same in the Congress. It gave each state one vote in Congress and restricted the period for which a person would serve as a delegate. It also gave the members of Congress the power of free speech and ruled out their arrests, unless the crime was something serious, such as treason or felony.
  • Article VI: It put some restrictions on the states and disallowed them from getting into any sort of treaty or alliance with each other or waging a war without the consent of the Congress. It also disallowed the states from keeping a standing army, but did give them permission to maintain the state militia.
  • Article VII: It gave the state legislature the power of appointing all officers ranked colonel and above, whenever the states were to raise an army for the purpose of self defense.
  • Article VIII: It stated that each state was to pay a particular sum of money―in proportion to the total land area of that state―to the national treasury and added that all the national expenses including war costs were to be deducted from this common treasury.
  • Article IX: It highlighted all the powers given to the Congress of the Confederation, including the right to wage wars and make peace, govern army and navy, enter into treaties and alliances, settle dispute between states, regulate the value of coins, etc.
  • Article X: It laid the guidelines for the formation of an executive committee which would work when the Congress was not in session.
  • Article XI: It stated that the approval of nine of the thirteen original states was mandatory to include a new state in the Union.
  • Article XII: It declared that America takes full responsibility for all debts which were incurred before the Articles came into existence.
  • Article XIII: It declared that it would be mandatory for all the states to abide by the decisions made by the Congress of the Confederation. It also declared that the Union would be perpetual. Most important of all, it put forth the stipulation that if any changes were to be made to the Articles of the Confederation it would require the approval of Congress and ratification by the states.

Historians are of the opinion that this document had its own strengths and weaknesses. That it brought the thirteen states, which were pitted against each other, on a common platform was its greatest strength. On the other hand, its weaknesses revolved around the fact that it gave states more power than the national government and reduced the latter to a mere spectator.

If the strengths and weaknesses of the Articles of Confederation are weighed against each other, you notice that its weaknesses outweighed its strengths; that explains why it was eventually replaced by the U.S. Constitution―the supreme law in the United States as of today.

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Articles of Confederation (1777)

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Citation: Articles of Confederation; 3/1/1781; Miscellaneous Papers of the Continental Congress, 1774 - 1789; Records of the Continental and Confederation Congresses and the Constitutional Convention, Record Group 360; National Archives Building, Washington, DC.

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The Articles of Confederation were adopted by the Continental Congress on November 15, 1777. This document served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day Constitution went into effect.

After the Lee Resolution proposed independence for the American colonies, the Second Continental Congress appointed three committees on June 11, 1776. One of the committees was tasked with determining what form the confederation of the colonies should take. This committee was composed of one representative from each colony. John Dickinson, a delegate from Delaware, was the principal writer.

The Dickinson Draft of the Articles of Confederation named the confederation "the United States of America." After considerable debate and revision, the Second Continental Congress adopted the Articles of Confederation on November 15, 1777.

The document seen here is the engrossed and corrected version that was adopted on November 15. It consists of six sheets of parchment stitched together. The last sheet bears the signatures of delegates from all 13 states.

This "first constitution of the United States" established a "league of friendship" for the 13 sovereign and independent states. Each state retained "every Power...which is not by this confederation expressly delegated to the United States. The Articles of Confederation also outlined a Congress with representation not based on population – each state would have one vote in Congress.

Ratification by all 13 states was necessary to set the Confederation into motion. Because of disputes over representation, voting, and the western lands claimed by some states, ratification was delayed. When Maryland ratified it on March 1, 1781, the Congress of the Confederation came into being.

Just a few years after the Revolutionary War, however, James Madison and George Washington were among those who feared their young country was on the brink of collapse. With the states retaining considerable power, the central government had insufficient power to regulate commerce. It could not tax and was generally impotent in setting commercial policy. Nor could it effectively support a war effort. Congress was attempting to function with a depleted treasury; and paper money was flooding the country, creating extraordinary inflation.

The states were on the brink of economic disaster; and the central government had little power to settle quarrels between states. Disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.

In May of 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. They shuttered the windows of the State House (Independence Hall) and swore secrecy so they could speak freely. By mid-June the delegates had decided to completely redesign the government. After three hot, summer months of highly charged debate, the new Constitution was signed, which remains in effect today.

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To all to whom these Presents shall come, we, the undersigned Delegates of the States affixed to our Names send greeting. 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 in the Words following, viz. “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 IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state, to any other State of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states, or either of them.

                       If any Person guilty of, or charged with, treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power of the state from which he fled, be delivered up, and removed to the state having jurisdiction of his offence.

                       Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.

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.

                 Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.

Article VI. No State, without the Consent of the united States, in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conferrence, agreement, alliance, or treaty, with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state; nor shall the united states, in congress assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the united states, in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united States in congress assembled, with any king, prince, or State, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.

No vessels of war shall be kept up in time of peace, by any state, except such number only, as shall be deemed necessary by the united states, in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up, by any state, in time of peace, except such number only as, in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.

No State shall engage in any war without the consent of the united States in congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the united states in congress assembled, can be consulted: nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembled, and then only against the kingdom or State, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled shall determine otherwise.

Article VII. When land forces are raised by any state, for the common defence, 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 appointment.

Article VIII. All charges of war, and all other expenses that shall be incurred for the common defence 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.

Article IX. The united states, in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article - 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 -  of establishing rules for deciding, in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united States, shall be divided or appropriated - of granting letters of marque and reprisal in times of peace - appointing courts for the trial of piracies and felonies committed on the high seas; and establishing courts; for receiving and determining finally appeals in all cases of captures; provided that no member of congress shall be appointed a judge of any of the said courts.

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 cause whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority, or lawful agent of any state in controversy with another, shall present a petition to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given, by order of congress, to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names, as congress shall direct, shall, in the presence of congress, be drawn out by lot, and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or being present, shall refuse to strike, the congress shall proceed to nominate three persons out of each State, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive; the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress, for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward: “provided, also, that no State shall be deprived of territory for the benefit of the united states.

All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the united states, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.

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, which requisition shall be binding; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them, in a soldier-like manner, at the expense of the united states; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the united states, in congress assembled; but if the united states, in congress assembled, shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.

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.

The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each State, on any question, shall be entered on the Journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.

Article X. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states, in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states, in the congress of the united states assembled, is requisite.

Article XI. Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.

Article XII. All bills of credit emitted, monies borrowed, and debts contracted by or under the authority of congress, before the assembling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united States, for payment and satisfaction whereof the said united states and the public faith are hereby solemnly pledged.

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.

And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union, Know Ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual. In Witness whereof, we have hereunto set our hands, in Congress. Done at Philadelphia, in the State of Pennsylvania, the ninth Day of July, in the Year of our Lord one Thousand seven Hundred and Seventy eight, and in the third year of the Independence of America.

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The first amendment, 10 reasons why america’s first constitution failed.

November 17, 2022 | by NCC Staff

It was on this day in 1777 that the Articles of Confederation, the first American constitution, was sent to the 13 states for consideration. It didn’t last a decade, for some obvious reasons.

essay topics articles of confederation

The Articles formed a war-time confederation of states, with an extremely limited central government. The document made official some of the procedures used by the Congress to conduct business, but many of the delegates realized the Articles had limitations.

Here is a quick list of the problems that occurred, and how these issues led to our current Constitution.

1. The states didn’t act immediately. It took until February 1779 for 12 states to approve the document. Maryland held out until March 1781, after it settled a land argument with Virginia.

2. The central government was designed to be very, very weak. The Articles established “the United States of America” as a perpetual union formed to defend the states as a group, but it provided few central powers beyond that. But it didn’t have an executive official or judicial branch.

3. The Articles Congress only had one chamber and each state had one vote. This reinforced the power of the states to operate independently from the central government, even when that wasn’t in the nation’s best interests.

4. Congress needed 9 of 13 states to pass any laws. Requiring this high supermajority made it very difficult to pass any legislation that would affect all 13 states.

5. The document was practically impossible to amend. The Articles required unanimous consent to any amendment, so all 13 states would need to agree on a change. Given the rivalries between the states, that rule made the Articles impossible to adapt after the war ended with Britain in 1783.

6. The central government couldn’t collect taxes to fund its operations. The Confederation relied on the voluntary efforts of the states to send tax money to the central government. Lacking funds, the central government couldn’t maintain an effective military or back its own paper currency.

7. States were able to conduct their own foreign policies. Technically, that role fell to the central government, but the Confederation government didn’t have the physical ability to enforce that power, since it lacked domestic and international powers and standing.

8. States had their own money systems. There wasn’t a common currency in the Confederation era. The central government and the states each had separate money, which made trade between the states, and other countries, extremely difficult.

9. The Confederation government couldn’t help settle Revolutionary War-era debts. The central government and the states owed huge debts to European countries and investors. Without the power to tax, and with no power to make trade between the states and other countries viable, the United States was in an economic mess by 1787.

10. Shays’ rebellion – the final straw. A tax protest by western Massachusetts farmers in 1786 and 1787 showed the central government couldn’t put down an internal rebellion. It had to rely on a state militia sponsored by private Boston business people. With no money, the central government couldn't act to protect the "perpetual union."

These events alarmed Founders like George Washington, James Madison and Alexander Hamilton to the point where delegates from five states met at Annapolis, Maryland in September 1786 to discuss changing the Articles of Confederation.

The group included Madison, Hamilton and John Dickinson, and it recommended that a meeting of all 13 states be held the following May in Philadelphia. The Confederation Congress agreed and the Constitutional Convention of 1787 effectively ended the era of the Articles of Confederation.

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Home — Essay Samples — History — History of the United States — Articles of Confederation

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Essays on Articles of Confederation

Brief description of articles of confederation.

The Articles of Confederation were the first governing document of the United States, adopted in 1777 and ratified in 1781. It established a loose confederation of sovereign states and a weak central government, ultimately leading to its replacement by the U.S. Constitution. Despite its short-lived influence, the Articles of Confederation were crucial in shaping the early American government.

Importance of Writing Essays on This Topic

Essays on the Articles of Confederation are essential for understanding the roots of American government and the challenges faced by the founding fathers. They provide an opportunity for critical analysis and reflection on the strengths and weaknesses of the confederation, as well as its impact on the development of the U.S. Constitution.

Tips on Choosing a Good Topic

  • Consider the historical context and the specific challenges faced by the government under the Articles of Confederation.
  • Explore the impact of the Articles of Confederation on individual states and their relationships with the central government.
  • Analyze the debates and conflicts that ultimately led to the adoption of the U.S. Constitution.

Essay Topics

  • The role of state sovereignty in the Articles of Confederation.
  • The economic challenges faced by the central government under the Articles of Confederation.
  • The impact of the Articles of Confederation on the formation of the U.S. Constitution.
  • The debate over representation and voting power in the confederation.
  • The influence of the Articles of Confederation on foreign relations and diplomacy.
  • The significance of the Northwest Ordinance within the context of the Articles of Confederation.
  • The impact of Shays' Rebellion on the call for a stronger central government.
  • The limitations of the Articles of Confederation in addressing national issues.
  • The role of individual states in shaping the Articles of Confederation.
  • The legacy of the Articles of Confederation in American political thought.

Concluding Thought

Exploring the Articles of Confederation through essays offers a unique opportunity to delve into the complexities of early American government and the formation of the U.S. Constitution. By critically engaging with this topic, students and scholars can gain a deeper understanding of the challenges faced by the founding fathers and the lasting impact of the confederation on American politics.

An Overview of The Impact of The Articles of Confederation

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The Reasons Why The Articles of Confederation Needed to Be Replaced

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Articles of Confederation Failure Essay

Articles of confederation dbq.

November 15, 1777

First constitution for the United States that was replaced by the current United States Constitution on March 4, 1789.

The Articles of Confederation was the first written constitution of the United States, which served as a bridge between the initial government by the Continental Congress of the Revolutionary period and the federal government provided under the U.S. Constitution of 1787.

The Articles were written in 1776–77 and adopted by the Congress on November 15, 1777. By 1779 all the states had approved the Articles of Confederation except Maryland. However, the document was fully ratified by the states on March 1, 1781.

The Articles of Confederation contain a preamble, thirteen articles, a conclusion, and a signatory section. On paper, the Congress had power to regulate foreign affairs, war, and the postal service, to appoint military officers. However, the Congress was not strong enough to enforce laws or raise taxes and by the end of 1786 governmental effectiveness had broken down.

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Articles of Confederation Lesson Plan PDF

The articles of confederation power point slides, articles of confederation lesson plan.

Articles of Confederation Lesson Plan

This is a full lesson plan that includes instructor script, PowerPoint slides, and student activities about the Articles of Confederation and the Continental Congress.

Big Idea/Essential Question:

  • How is the United States Government formed and operated?

Unit Learning Objectives:

  • How do you form a new country?
  • What do you need to do?
  • How do you decide what laws to pass?
  • What type of government do you choose?
  • Who belongs to the country? Who is a citizen?

Unit Introduction Script:

In this unit we are going to talk about the Constitutional Convention and how our government was created. The Revolutionary War and the Declaration of Independence separated the colonies from Great Britain, but they did not create a new government.

How do you form a new country? What decisions need to be made? How do you decide what laws to pass? What type of government do you choose? Who belongs to the country? Who is a citizen? We are going to answer these questions over the next few classes and learn how the American founders tackled these problems.

Lesson 1: The Articles of Confederation

Lesson Learning Objectives

What were the Articles of Confederation? Why were they originally adopted? Why did they need to be amended/replaced?

  • Grievance(s)
  • Articles of Confederation
  • Continental Congress
  • Constitution
  • James Madison

Bell Ringer

In complete sentences answer the following: What do you know from previous classes about the Constitutional Convention? What are the Articles of Confederation?

Lecture Script:

The Continental Congress

  • G eorgia did not send any delegates because they were at war with neighboring Native American Nations (the Cherokee and Creek)
  • The Intolerable Acts, also known as the Coercive Acts, closed off the port at Boston (after the Boston Tea Party) and placed more control on the Massachusetts colony.
  • Ultimately, this group was formed to rebel against Great Britain’s rule. Some of their efforts included calling for an end to British imports and exports, the boycott of British goods, and asked each colony to form a militia.

On July 4, 1776, the First Continental Congress adopted the Declaration of Independence.  The Declaration of Independence lists 27 problems, or grievances, that the 13 colonies had with King George of England. The problems were things like:

  • Taxing the colonists without their consent.
  • Having British soldiers present in the colonies.
  • Forcing colonists to quarter soldiers. (provide a person with food and shelter)

The adoption of the Declaration of Independence effectively established the 13 colonies as a separate country from Great Britain, but it didn’t explain how these colonies would govern themselves.

John Trumbull, "Declaration of Independence," Oil on Canvas, 1826, Architect of the Capitol, Capitol Rotunda, https://www.aoc.gov/explore-capitol-campus/art/declaration-independence

  • This painting completed by famous American artist John Trumbull depicts some of the founders at the signing of the Declaration of Independence. Many of the men depicted go on to frame the Articles of Confederation and later the United States Constitution.
  • It is on display in the United States Capitol Building, in the Capitol Rotunda.

Articles of Confederation: https://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=127

The Continental Congress’s response to that problem was the Articles of Confederation.

  • The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, in the midst of the Revolutionary War
  • They were not ratified by all 13 States until March 1, 1781.
  • Names the country the United States of America.
  • Every state holds the powers not listed in the AOC.
  • They are required to help each other in the event of an attack from outside forces.
  • Within each state free citizens can participate in trade and commerce like any resident could
  • People who commit a crime in one state and flee will be sent back for trial.
  • State courts will respect the judgements of other courts in other states.
  • Each state can send between 2 and 7 delegates. Each state, however, only gets 1 vote.
  • The central government works with other countries.
  • Only the central government has the power to declare war against other countries.
  • A Committee of States group could act when the Congress of the Confederation was not in session.
  • Canada is permitted to join the new country if they want.
  • The new country agreed to pay earlier war debts.
  • The articles of Confederation are forever and can only be changed if all the states agree.
  • By 1787 it became clear to many of the country's leaders that the Articles of the Confederation were not working.
  • James Madison was one of the most outspoken writers about the Articles of Confederation’s problems.
  • Take notes about what Madison states is wrong with the Articles of Confederation.
  • In 10-15 minutes, we'll come back and discuss.

With all these problems, it was clear that the United States needed a stronger federal government. A body that made decisions and had authority separate from and in some cases over the states. In February 1787, the Congress of the Confederacy approved a plan for representatives to meet and revise the Articles of Confederation. Leading up to that meeting, James Madison wrote this letter outlining his thoughts on the main issues with the Articles of Confederation.

Wrap up video:

If there is time, watch this video from NBC News Learn to transition students from the Articles of Confederation to the need for a revised federal government and as a result the Constitutional Convention

https://youtu.be/9si9dRf6jOg

Next class we are going to talk about the delegates to the Constitutional Convention, their debates, and how they addressed the problems James Madison spoke about in his letter.

Exit Ticket:

Before you leave do one of the following:

  • Write a paragraph explaining how you would fix one of the problems James Madison described.
  • Make an advertisement convincing the people of your state that the Articles of Confederation need to be revised.

Reading Activity Teacher instructions:

  • Print or ask students to access James Madison’s “Vices of the Political System of the United States, April 1787,” on their devices.
  • Pair students and assign them a section of the letter to read and take notes on. In the letter, James Madison wrote numbered fistnotes in the left column breaking his own letter into general topics. In the attached document, sections are separated by number and longer sections by color.
  • Give students 10 to 15 minutes to read, take notes, and discuss with their partner what Madison is saying in their section.
  • There were too many separate governments operating in a league of friendship rather than a federal government.
  • The states encroached on federal authority.
  • They violated treaties with other countries.
  • States violated each other’s rights.
  • There was no standard policy on things of national importance (like immigration).
  • There needed to be protection against internal violence and factionalism.
  • There needed to be sanctions and punishment if states did not keep their agreement outlined by the Articles of Confederation.
  • The Articles of Confederation were not recognized as the most important law, instead state laws sometimes contradicted, infringed, or negated them.
  • There are too many laws in some states, to the point that they infringe on personal liberties.
  • Laws are repealed or changed too quickly. Not enough time is given to reflect on the law.
  • Because of representatives’ personal interests, there are many unjust laws.

​​​​​​​ Reading Activity

James Madison, “Vices of the Political System of the United States,” Founders Online, National Archives and Records Administration, https://founders.archives.gov/documents/Madison/01-09-02-0187.

April. 1787

​​​​​​​

Vices of the Political System of the U. States. Observations by J.M. (a copy taken by permission by Danl. Carroll & sent to Chs Carroll of Carrollton).

 

 

1. Failure of the States to comply with the Constitutional requisitions.

1. This evil has been so fully experienced both during the war and since the peace, results so naturally from the number and independent authority of the States and has been so uniformly examplified in every similar Confederacy, that it may be considered as not less radically and permanently inherent in, than it is fatal to the object of, the present System.

2. Encroachments by the States on the federal authority.

2. Examples of this are numerous and repetitions may be foreseen in almost every case where any favorite object of a State shall present a temptation. Among these examples are the wars and Treaties of Georgia with the Indians—The unlicensed compacts between Virginia and Maryland, and between Pena. & N. Jersey—the troops raised and to be kept up by Massts.

3. Violations of the law of nations and of treaties.

3. From the number of Legislatures, the sphere of life from which most of their members are taken, and the circumstances under which their legislative business is carried on, irregularities of this kind must frequently happen. Accordingly not a year has passed without instances of them in some one or other of the States. The Treaty of peace—the treaty with France—the treaty with Holland have each been violated. [See the complaints to Congress on these subjects]. The causes of these irregularities must necessarily produce frequent violations of the law of nations in other respects.

 

As yet foreign powers have not been rigorous in animadverting on us. This moderation however cannot be mistaken for a permanent partiality to our faults, or a permanent security agst. those disputes with other nations, which being among the greatest of public calamities, it ought to be least in the power of any part of the Community to bring on the whole.

4. Trespasses of the States on the rights of each other.

4. These are alarming symptoms, and may be daily apprehended as we are admonished by daily experience. See the law of Virginia restricting foreign vessels to certain ports—of Maryland in favor of vessels belonging to her own citizens—of N. York in favor of the same.

 

Paper money, instalments of debts, occlusion of Courts, making property a legal tender, may likewise be deemed aggressions on the rights of other States. As the Citizens of every State aggregately taken stand more or less in the relation of Creditors or debtors, to the Citizens of every other States, Acts of the debtor State in favor of debtors, affect the Creditor State, in the same manner, as they do its own citizens who are relatively creditors towards other citizens. This remark may be extended to foreign nations. If the exclusive regulation of the value and alloy of coin was properly delegated to the federal authority, the policy of it equally requires a controul on the States in the cases above mentioned. It must have been meant 1. to preserve uniformity in the circulating medium throughout the nation. 2. to prevent those frauds on the citizens of other States, and the subjects of foreign powers, which might disturb the tranquility at home, or involve the Union in foreign contests.

 

The practice of many States in restricting the commercial intercourse with other States, and putting their productions and manufactures on the same footing with those of foreign nations, though not contrary to the federal articles, is certainly adverse to the spirit of the Union, and tends to beget retaliating regulations, not less expensive & vexatious in themselves, than they are destructive of the general harmony.

5. want of concert in matters where common interest requires it.

5. This defect is strongly illustrated in the state of our commercial affairs. How much has the national dignity, interest, and revenue suffered from this cause? Instances of inferior moment are the want of uniformity in the laws concerning naturalization & literary property; of provision for national seminaries, for grants of incorporation for national purposes, for canals and other works of general utility, wch. may at present be defeated by the perverseness of particular States whose concurrence is necessary.

6. want of Guaranty to the States of their Constitutions & laws against internal violence.

6. The confederation is silent on this point and therefore by the second article the hands of the federal authority are tied. According to Republican Theory, Right and power being both vested in the majority, are held to be synonimous. According to fact and experience a minority may in an appeal to force, be an overmatch for the majority. 1. If the minority happen to include all such as possess the skill and habits of military life, & such as possess the great pecuniary resources, one third only may conquer the remaining two thirds. 2. One third of those who participate in the choice of the rulers, may be rendered a majority by the accession of those whose poverty excludes them from a right of suffrage, and who for obvious reasons will be more likely to join the standard of sedition than that of the established Government. 3. Where slavery exists the republican Theory becomes still more fallacious.

7. want of sanction to the laws, and of coercion in the Government of the Confederacy.

7. A sanction is essential to the idea of law, as coercion is to that of Government. The federal system being destitute of both, wants the great vital principles of a Political Cons[ti]tution. Under the form of such a Constitution, it is in fact nothing more than a treaty of amity of commerce and of alliance, between so many independent and Sovereign States. From what cause could so fatal an omission have happened in the articles of Confederation? from a mistaken confidence that the justice, the good faith, the honor, the sound policy, of the several legislative assemblies would render superfluous any appeal to the ordinary motives by which the laws secure the obedience of individuals: a confidence which does honor to the enthusiastic virtue of the compilers, as much as the inexperience of the crisis apologizes for their errors. The time which has since elapsed has had the double effect, of increasing the light and tempering the warmth, with which the arduous work may be revised. It is no longer doubted that a unanimous and punctual obedience of 13 independent bodies, to the acts of the federal Government, ought not be calculated on. Even during the war, when external danger supplied in some degree the defect of legal & coercive sanctions, how imperfectly did the States fulfil their obligations to the Union? In time of peace, we see already what is to be expected. How indeed could it be otherwise? In the first place, Every general act of the Union must necessarily bear unequally hard on some particular member or members of it. Secondly the partiality of the members to their own interests and rights, a partiality which will be fostered by the Courtiers of popularity, will naturally exaggerate the inequality where it exists, and even suspect it where it has no existence. Thirdly a distrust of the voluntary compliance of each other may prevent the compliance of any, although it should be the latent disposition of all. Here are causes & pretexts which will never fail to render federal measures abortive. If the laws of the States, were merely recommendatory to their citizens, or if they were to be rejudged by County authorities, what security, what probability would exist, that they would be carried into execution? Is the security or probability greater in favor of the acts of Congs. which depending for their execution on the will of the state legislatures, wch. are tho’ nominally authoritative, in fact recommendatory only.

8. Want of ratification by the people of the articles of Confederation.

8. In some of the States the Confederation is recognized by, and forms a part of the constitution. In others however it has received no other sanction than that of the Legislative authority. From this defect two evils result: 1. Whenever a law of a State happens to be repugnant to an act of Congress, particularly when the latter is of posterior date to the former, it will be at least questionable whether the latter must not prevail; and as the question must be decided by the Tribunals of the State, they will be most likely to lean on the side of the State.

 

2. As far as the Union of the States is to be regarded as a league of sovereign powers, and not as a political Constitution by virtue of which they are become one sovereign power, so far it seems to follow from the doctrine of compacts, that a breach of any of the articles of the confederation by any of the parties to it, absolves the other parties from their respective obligations, and gives them a right if they chuse to exert it, of dissolving the Union altogether.

9. Multiplicity of laws in the several States.

9. In developing the evils which viciate the political system of the U. S. it is proper to include those which are found within the States individually, as well as those which directly affect the States collectively, since the former class have an indirect influence on the general malady and must not be overlooked in forming a compleat remedy. Among the evils then of our situation may well be ranked the multiplicity of laws from which no State is exempt. As far as laws are necessary, to mark with precision the duties of those who are to obey them, and to take from those who are to administer them a discretion, which might be abused, their number is the price of liberty. As far as the laws exceed this limit, they are a nusance: a nusance of the most pestilent kind. Try the Codes of the several States by this test, and what a luxuriancy of legislation do they present. The short period of independency has filled as many pages as the century which preceded it. Every year, almost every session, adds a new volume. This may be the effect in part, but it can only be in part, of the situation in which the revolution has placed us. A review of the several codes will shew that every necessary and useful part of the least voluminous of them might be compressed into one tenth of the compass, and at the same time be rendered tenfold as perspicuous.

10. mutability of the laws of the States.

10. This evil is intimately connected with the former yet deserves a distinct notice as it emphatically denotes a vicious legislation. We daily see laws repealed or superseded, before any trial can have been made of their merits; and even before a knowledge of them can have reached the remoter districts within which they were to operate. In the regulations of trade this instability becomes a snare not only to our citizens but to foreigners also.

11. Injustice of the laws of States.

11. If the multiplicity and mutability of laws prove a want of wisdom, their injustice betrays a defect still more alarming: more alarming not merely because it is a greater evil in itself, but because it brings more into question the fundamental principle of republican Government, that the majority who rule in such Governments, are the safest Guardians both of public Good and of private rights. To what causes is this evil to be ascribed?

 

These causes lie

1. in the Representative bodies.

 

2. in the people themselves.

1. Representative appointments are sought from 3 motives.   1. ambition   2. personal interest.   3. public good. Unhappily the two first are proved by experience to be most prevalent. Hence the candidates who feel them, particularly, the second, are most industrious, and most successful in pursuing their object: and forming often a majority in the legislative Councils, with interested views, contrary to the interest, and views, of their Constituents, join in a perfidious sacrifice of the latter to the former. A succeeding election it might be supposed, would displace the offenders, and repair the mischief. But how easily are base and selfish measures, masked by pretexts of public good and apparent expediency? How frequently will a repetition of the same arts and industry which succeeded in the first instance, again prevail on the unwary to misplace their confidence?

How frequently too will the honest but unenligh[t]ened representative be the dupe of a favorite leader, veiling his selfish views under the professions of public good, and varnishing his sophistical arguments with the glowing colours of popular eloquence?

2. A still more fatal if not more frequent cause lies among the people themselves. All civilized societies are divided into different interests and factions, as they happen to be creditors or debtors—Rich or poor—husbandmen, merchants or manufacturers—members of different religious sects—followers of different political leaders—inhabitants of different districts—owners of different kinds of property &c &c. In republican Government the majority however composed, ultimately give the law. Whenever therefore an apparent interest or common passion unites a majority what is to restrain them from unjust violations of the rights and interests of the minority, or of individuals? Three motives only 1. a prudent regard to their own good as involved in the general and permanent good of the Community. This consideration although of decisive weight in itself, is found by experience to be too often unheeded. It is too often forgotten, by nations as well as by individuals that honesty is the best policy. 2dly. respect for character. However strong this motive may be in individuals, it is considered as very insufficient to restrain them from injustice. In a multitude its efficacy is diminished in proportion to the number which is to share the praise or the blame. Besides, as it has reference to public opinion, which within a particular Society, is the opinion of the majority, the standard is fixed by those whose conduct is to be measured by it. The public opinion without the Society, will be little respected by the people at large of any Country. Individuals of extended views, and of national pride, may bring the public proceedings to this standard, but the example will never be followed by the multitude. Is it to be imagined that an ordinary citizen or even an assembly-man of R. Island in estimating the policy of paper money, ever considered or cared in what light the measure would be viewed in France or Holland; or even in Massts or Connect.? It was a sufficient temptation to both that it was for their interest: it was a sufficient sanction to the latter that it was popular in the State; to the former that it was so in the neighbourhood. 3dly. will Religion the only remaining motive be a sufficient restraint? It is not pretended to be such on men individually considered. Will its effect be greater on them considered in an aggregate view? quite the reverse. The conduct of every popular assembly acting on oath, the strongest of religious Ties, proves that individuals join without remorse in acts, against which their consciences would revolt if proposed to them under the like sanction, separately in their closets. When indeed Religion is kindled into enthusiasm, its force like that of other passions, is increased by the sympathy of a multitude. But enthusiasm is only a temporary state of religion, and while it lasts will hardly be seen with pleasure at the helm of Government. Besides as religion in its coolest state, is not infallible, it may become a motive to oppression as well as a restraint from injustice. Place three individuals in a situation wherein the interest of each depends on the voice of the others, and give to two of them an interest opposed to the rights of the third? Will the latter be secure? The prudence of every man would shun the danger. The rules & forms of justice suppose & guard against it. Will two thousand in a like situation be less likely to encroach on the rights of one thousand? The contrary is witnessed by the notorious factions & oppressions which take place in corporate towns limited as the opportunities are, and in little republics when uncontrouled by apprehensions of external danger. If an enlargement of the sphere is found to lessen the insecurity of private rights, it is not because the impulse of a common interest or passion is less predominant in this case with the majority; but because a common interest or passion is less apt to be felt and the requisite combinations less easy to be formed by a great than by a small number. The Society becomes broken into a greater variety 9 of interests, of pursuits, of passions, which check each other, whilst those who may feel a common sentiment have less opportunity of communication and concert. It may be inferred that the inconveniences of popular States contrary to the prevailing Theory, are in proportion not to the extent, but to the narrowness of their limits.

The great desideratum in Government is such a modification of the Sovereignty as will render it sufficiently neutral between the different interests and factions, to controul one part of the Society from invading the rights of another, and at the same time sufficiently controuled itself, from setting up an interest adverse to that of the whole Society. In absolute Monarchies, the prince is sufficiently, neutral towards his subjects, but frequently sacrifices their happiness to his ambition or his avarice. In small Republics, the sovereign will is sufficiently controuled from such a Sacrifice of the entire Society, but is not sufficiently neutral towards the parts composing it. As a limited Monarchy tempers the evils of an absolute one; so an extensive Republic meliorates the administration of a small Republic.

An auxiliary desideratum for the melioration of the Republican form is such a process of elections as will most certainly extract from the mass of the Society the purest and noblest characters which it contains; such as will at once feel most strongly the proper motives to pursue the end of their appointment, and be most capable to devise the proper means of attaining it.

12. Impotence of the laws of the States

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Federalist Papers

By: History.com Editors

Updated: June 22, 2023 | Original: November 9, 2009

HISTORY: Federalist Papers

The Federalist Papers are a collection of essays written in the 1780s in support of the proposed U.S. Constitution and the strong federal government it advocated. In October 1787, the first in a series of 85 essays arguing for ratification of the Constitution appeared in the Independent Journal , under the pseudonym “Publius.” Addressed to “The People of the State of New York,” the essays were actually written by the statesmen Alexander Hamilton , James Madison and John Jay . They would be published serially from 1787-88 in several New York newspapers. The first 77 essays, including Madison’s famous Federalist 10 and Federalist 51 , appeared in book form in 1788. Titled The Federalist , it has been hailed as one of the most important political documents in U.S. history.

Articles of Confederation

As the first written constitution of the newly independent United States, the Articles of Confederation nominally granted Congress the power to conduct foreign policy, maintain armed forces and coin money.

But in practice, this centralized government body had little authority over the individual states, including no power to levy taxes or regulate commerce, which hampered the new nation’s ability to pay its outstanding debts from the Revolutionary War .

In May 1787, 55 delegates gathered in Philadelphia to address the deficiencies of the Articles of Confederation and the problems that had arisen from this weakened central government.

A New Constitution

The document that emerged from the Constitutional Convention went far beyond amending the Articles, however. Instead, it established an entirely new system, including a robust central government divided into legislative , executive and judicial branches.

As soon as 39 delegates signed the proposed Constitution in September 1787, the document went to the states for ratification, igniting a furious debate between “Federalists,” who favored ratification of the Constitution as written, and “Antifederalists,” who opposed the Constitution and resisted giving stronger powers to the national government.

essay topics articles of confederation

How Did Magna Carta Influence the U.S. Constitution?

The 13th‑century pact inspired the U.S. Founding Fathers as they wrote the documents that would shape the nation.

The Founding Fathers Feared Political Factions Would Tear the Nation Apart

The Constitution's framers viewed political parties as a necessary evil.

Checks and Balances

Separation of Powers The idea that a just and fair government must divide power between various branches did not originate at the Constitutional Convention, but has deep philosophical and historical roots. In his analysis of the government of Ancient Rome, the Greek statesman and historian Polybius identified it as a “mixed” regime with three branches: […]

The Rise of Publius

In New York, opposition to the Constitution was particularly strong, and ratification was seen as particularly important. Immediately after the document was adopted, Antifederalists began publishing articles in the press criticizing it.

They argued that the document gave Congress excessive powers and that it could lead to the American people losing the hard-won liberties they had fought for and won in the Revolution.

In response to such critiques, the New York lawyer and statesman Alexander Hamilton, who had served as a delegate to the Constitutional Convention, decided to write a comprehensive series of essays defending the Constitution, and promoting its ratification.

Who Wrote the Federalist Papers?

As a collaborator, Hamilton recruited his fellow New Yorker John Jay, who had helped negotiate the treaty ending the war with Britain and served as secretary of foreign affairs under the Articles of Confederation. The two later enlisted the help of James Madison, another delegate to the Constitutional Convention who was in New York at the time serving in the Confederation Congress.

To avoid opening himself and Madison to charges of betraying the Convention’s confidentiality, Hamilton chose the pen name “Publius,” after a general who had helped found the Roman Republic. He wrote the first essay, which appeared in the Independent Journal, on October 27, 1787.

In it, Hamilton argued that the debate facing the nation was not only over ratification of the proposed Constitution, but over the question of “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.”

After writing the next four essays on the failures of the Articles of Confederation in the realm of foreign affairs, Jay had to drop out of the project due to an attack of rheumatism; he would write only one more essay in the series. Madison wrote a total of 29 essays, while Hamilton wrote a staggering 51.

Federalist Papers Summary

In the Federalist Papers, Hamilton, Jay and Madison argued that the decentralization of power that existed under the Articles of Confederation prevented the new nation from becoming strong enough to compete on the world stage or to quell internal insurrections such as Shays’s Rebellion .

In addition to laying out the many ways in which they believed the Articles of Confederation didn’t work, Hamilton, Jay and Madison used the Federalist essays to explain key provisions of the proposed Constitution, as well as the nature of the republican form of government.

'Federalist 10'

In Federalist 10 , which became the most influential of all the essays, Madison argued against the French political philosopher Montesquieu ’s assertion that true democracy—including Montesquieu’s concept of the separation of powers—was feasible only for small states.

A larger republic, Madison suggested, could more easily balance the competing interests of the different factions or groups (or political parties ) within it. “Extend the sphere, and you take in a greater variety of parties and interests,” he wrote. “[Y]ou make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens[.]”

After emphasizing the central government’s weakness in law enforcement under the Articles of Confederation in Federalist 21-22 , Hamilton dove into a comprehensive defense of the proposed Constitution in the next 14 essays, devoting seven of them to the importance of the government’s power of taxation.

Madison followed with 20 essays devoted to the structure of the new government, including the need for checks and balances between the different powers.

'Federalist 51'

“If men were angels, no government would be necessary,” Madison wrote memorably in Federalist 51 . “If angels were to govern men, neither external nor internal controls on government would be necessary.”

After Jay contributed one more essay on the powers of the Senate , Hamilton concluded the Federalist essays with 21 installments exploring the powers held by the three branches of government—legislative, executive and judiciary.

Impact of the Federalist Papers

Despite their outsized influence in the years to come, and their importance today as touchstones for understanding the Constitution and the founding principles of the U.S. government, the essays published as The Federalist in 1788 saw limited circulation outside of New York at the time they were written. They also fell short of convincing many New York voters, who sent far more Antifederalists than Federalists to the state ratification convention.

Still, in July 1788, a slim majority of New York delegates voted in favor of the Constitution, on the condition that amendments would be added securing certain additional rights. Though Hamilton had opposed this (writing in Federalist 84 that such a bill was unnecessary and could even be harmful) Madison himself would draft the Bill of Rights in 1789, while serving as a representative in the nation’s first Congress.

essay topics articles of confederation

HISTORY Vault: The American Revolution

Stream American Revolution documentaries and your favorite HISTORY series, commercial-free.

Ron Chernow, Hamilton (Penguin, 2004). Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788 (Simon & Schuster, 2010). “If Men Were Angels: Teaching the Constitution with the Federalist Papers.” Constitutional Rights Foundation . Dan T. Coenen, “Fifteen Curious Facts About the Federalist Papers.” University of Georgia School of Law , April 1, 2007. 

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The Articles Of Confederation Essay Examples

The Articles Of Confederation - Free Essay Examples and Topic Ideas

The Articles of Confederation were the first constitution of the United States, ratified in 1781. They established a weak centralized government with limited powers, leaving most authority to the individual states. The Articles were designed to provide unity and cooperation among the 13 original colonies during and after the Revolutionary War. However, the Articles proved to be insufficient as the national government lacked the power to enforce laws or regulate trade, leading to economic instability and political unrest. The shortcomings of the Articles led to the drafting of the U.S. Constitution in 1787, which created a stronger federal government.

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  1. The Articles of Confederation Essay Topics

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  2. Articles of Confederation ‑ Weaknesses, Definition, Date

    Smith Collection/Gado/Getty Images. The Articles of Confederation and Perpetual Union was the first written constitution of the United States. Written in 1777 and stemming from wartime urgency ...

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  4. Articles of Confederation, Summary, Facts, Significance, APUSH

    Articles of Confederation Definition APUSH. The Articles of Confederation is defined as the first written constitution of the United States, adopted in 1781. The articles established a weak federal government with limited powers, with most decision-making power reserved for the individual states.

  5. Strengths and Weaknesses of The Articles of Confederation

    Additionally, the Articles provided a framework for the new nation to conduct foreign relations, declare war, and manage the western territories. However, the weaknesses of the Articles of Confederation soon became apparent. One of the major weaknesses was the inability of the central government to levy taxes or regulate trade.

  6. Articles of Confederation

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  7. The Pros and Cons of The Articles of Confederation

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  8. The Articles of Confederation Themes

    for only $0.70/week. Subscribe. Thanks for exploring this SuperSummary Study Guide of "The Articles of Confederation" by Benjamin Franklin. A modern alternative to SparkNotes and CliffsNotes, SuperSummary offers high-quality Study Guides with detailed chapter summaries and analysis of major themes, characters, and more.

  9. Articles of Confederation (1781)

    Adopted by the Continental Congress on November 15, 1777, and ratified by the states in 1781, the Articles of Confederation created a weak central government—a "league of friendship"—that largely preserved state power (and independence). The Articles created a national government centered on the legislative branch, which was comprised ...

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  12. Weaknesses in the Articles of Confederation

    Weaknesses inherent in the Articles of Confederation became apparent before the Revolution out of which that instrument was born had been concluded. Even before the thirteenth state (Maryland) conditionally joined the firm league of friendship on March 1, 1781, the need for a revenue amendment was widely conceded. Congress under the Articles ...

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  18. Articles of Confederation Lesson Plan

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