At early stages of the American Revolution, when the belief that the United States will continue to exist as an association of 13 sovereign political societies dominated, the Democrats gave priority to the constitutions of state. During the war for independence in a bitter struggle between opponents and supporters of states' rights, victory was on the side of decentralization supporters: a contractual agreement between the 13 provinces, known as the "Articles of Confederation", in 1781, consolidated the sovereignty of the states in all important areas of economic, social and political life (Jensen 15).
“Articles of Confederation” was US very first constitutional document. Articles of Confederation were adopted by the Second Continental Congress on November 15, 1777 in York (Pennsylvania) and ratified by all thirteen states (Jensen 15). The Articles of Confederation established the powers and authorities of the Confederation government. According to the Articles, the Confederation had the full rights to regulate questions of war and peace, diplomacy, the western American territories, monetary and government loans, while the rest of the questions were given under the jurisdiction of American states (Jensen 18).
If to talk about the overall assessment of "Articles of Confederation", this document did not contain any legal guarantees and did not give any central power. To speak in short, they did not provide leverage for effective governance of the country. However, “Articles of Confederation” were rather important for the future US back then.
In wartime conditions, it was vital to mobilize material and human resources for the successful fight against the enemy army. For the central government – the Congress – this was too difficult. At the very beginning of the war, the market situation in the former British colonies were developing favorably, and until the autumn of 1776 economic growth continued by increasing demand for a range of goods needed by the army (Jensen 19). Subsequently, however, the situation began to deteriorate. Winter of 1776-77 brought serious difficulties and turned out to be a turning point in the economic situation of the American republic (Jensen 19).
The new American country was experiencing an acute shortage of funds, which, among other things, were necessary to keep the Congress and other organs of central US government. In order to obtain the necessary funds, Congress resorted to the mass production of paper money. The old currency – British pounds – was rejected. It was decided to issue its own money – dollars (Jensen 21). However, contradictions between the different social groups of the United States remained. This was urging for new radical changes to be implemented in the political life of the new American country. "Articles of Confederation" were this change.
Constitutional order created by "Articles of Confederation" was that the conservative wing within the Congress could not finally consolidate its domination constantly subjected to pressure from the democratic elements. This situation continued throughout the war (Jensen 21).
Kerry Callahan notes that the "Articles of Confederation" stressed the prerogatives of local authorities, in particular their right to impose taxes, which "was the most important" (68). This important remark shows the dependence of the Congress on the states, which seriously hampered its action to mobilize the material resources for war. Central government had certain powers, which it enjoyed for the regulation of economic and financial life of the country, but they were clearly insufficient and constantly come into conflict with the state policy (Callahan 68). "Articles of Confederation" in many respects were inconsistent and ambiguous. They were the result of a compromise dictated by wartime conditions, and drafted for a purpose of maintaining a certain balance between the central and local authorities.
According to the "Articles of Confederation", Congress consisted of one chamber of deputies elected annually. There was no position of the president prescribed. The adoption of the “Articles of Confederation” was positive, but the union of states was largely symbolic, since the central authorities remained extremely weak (Callahan 70). "Articles of Confederation" for many states retained full sovereignty on most issues. Congress had no right to impose duties and taxes. The solution of a number of issues that fall within the competence of the Congress was possible if 9 states of 13 accepted this (Callahan 71).
In essence, state`s authorities remained full owners and decisions of the Congress were only advisory in nature to them. The weakness of the central authorities had a detrimental effect on the state of the armed forces.
Among the serious flaws of the “Articles of Confederation”, the following can be named: they did not make any change in the position of the working population, left black and Indian population without rights. Opponents of American independence took advantage of this circumstance. English agitation was rather effective: England was able to persuade the majority of Indian tribes not to support the US (Callahan 71).
Especially revealing was the Negro question. Objectively, the abolition of slavery was one of the central tasks of the revolution in 1776 (Callahan 71). However, in fact, slavery was not physically eradicated. Congress had mainly legislative functions – this was defined by the "Articles of Confederation" (Callahan 71). The majority of rights still belonged to states which remained independent from each other. This was rather negative for the further development of united American country.
Powers of the Congress included (Callahan 72-73):
declaration of war and conclusion of peace;
opening embassies abroad;
delivering agreements;
creation and maintenance of the fleet;
support the regular army with the help of recruits;
appointment of senior officers;
regulation of relations with the Indians;
opening of post offices;
resolution of problems arising between states.
Weaknesses of the "Articles of Confederation" against the Congress included the following (Callahan 75-76). The Congress could not impose and collect taxes which resulted in insufficiency of material means for the government. The Congress had no authority to regulate commerce among the states and abroad, which was leading to economic difficulties and quarrels between the states and made organization of international trade completely impossible. Congress did not have the right to approve the laws. This resulted in the fact that the government largely depended on states. Agreement of 9 states was making approving of laws rather difficult. Amendments to the "Articles of Confederation" required the agreement of all 13 states which made no practical ways to coordinate US Government's work. “Articles of Confederation” did not provide any state-governed judicial system, and, as a result, central US government could not find a way to resolve disputes between states.
Despite all these weaknesses, the "Articles of Confederation" brought a lot of good to the emerging American nation (Callahan 85): some states were ceding part of the claim on the territory west of the Appalachians; the Congress issued 2 Land decrees, one of which provided control of territories, and second of 1787 prescribed that the territories owned by the government should join American country on a common basis, as well as other previously independent states. Thanks to the “Articles of Confederation”, the Congress was able to form the Department of State, the Marine Department, the Department of Military Affairs and the Treasury, at the head of each there was appointed a permanent secretary. This was a precedent. Moreover, all these achievements ensured the confidence of states in legal actions of other states and allowed to treat citizens of other states without prejudice to their rights.
Works Cited
Callahan, K. The Articles of Confederation: A Primary Source Investigation Into the Document That Preceded the U.S. Constitution. The Rosen Publishing Group, 2003. Print.
Jensen, M. The Articles of Confederation: An Interpretation of the Social-constitutional History of the American Revolution, 1774-1781. University of Wisconsin Press, 2004. Print.
