What did state constitutions and the Articles of Confederation have in common?

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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What did state constitutions and the Articles of Confederation have in common?
Image courtesy of Library of Congress A lifetime public servant, John Hancock of Massachusetts served as President of the Continental Congress from 1775 to 1777, and again from 1785 to 1786.

On this date, the Continental Congress adopted a plan for the inaugural national government under the Articles of Confederation. Two days later, the Continental Congress sent the Articles to the states, which approved the new government in March 1781. Created to unify the 13 colonies, the Articles nevertheless established a largely decentralized government that vested most power in the states and in the national legislature. Concerned with the accumulation of power in too few hands, the Articles did not establish an executive branch and they greatly circumscribed the role of courts. Even Congress had only those powers “expressly delegated” to it by the states. Delegates gave the Continental Congress the power to request money from the states and make appropriations, regulating the armed forces, appointing civil servants, and declaring war. But the legislature was largely ineffectual because the Articles required more than a simple majority to pass legislation that related to such fundamental issues such as finance, taxation, treaty ratification, and war-making powers. Moreover, attempts to strengthen the Articles required unanimous support of the states. In 1787, the Federal Convention approved the U.S. Constitution which, when ratified by the states, superseded the Articles of Confederation.

"Every man and every body of men on Earth,
possess the right of self-government."
-- Thomas Jefferson, 1790
The success of the Revolution gave Americans the opportunity to give legal form to their ideals as expressed in the Declaration of Independence, and to remedy some of their grievances through state constitutions. As early as May 10, 1776, Congress had passed a resolution advising the colonies to form new governments "such as shall best conduce to the happiness and safety of their constituents." Some of them had already done so, and within a year after the Declaration of Independence, all but three had drawn up constitutions.

The new constitutions showed the impact of democratic ideas. None made any drastic break with the past, since all were built on the solid foundation of colonial experience and English practice. But each was also animated by the spirit of republicanism, an ideal that had long been praised by Enlightenment philosophers.

Naturally, the first objective of the framers of the state constitutions was to secure those "unalienable rights" whose violation had caused the former colonies to repudiate their connection with Britain. Thus, each constitution began with a declaration or bill of rights. Virginia's, which served as a model for all the others, included a declaration of principles, such as popular sovereignty, rotation in office, freedom of elections and an enumeration of fundamental liberties: moderate bail and humane punishment, speedy trial by jury, freedom of the press and of conscience, and the right of the majority to reform or alter the government.

Other states enlarged the list of liberties to guarantee freedom of speech, of assembly and of petition, and frequently included such provisions as the right to bear arms, to a writ of habeas corpus, to inviolability of domicile and to equal protection under the law. Moreover, all the constitutions paid allegiance to the three-branch structure of government -- executive, legislative and judiciary -- each checked and balanced by the others.

Pennsylvania's constitution was the most radical. In that state, Philadelphia artisans, Scots-Irish frontiersmen and German-speaking farmers had taken control. The provincial congress adopted a constitution that permitted every male taxpayer and his sons to vote, required rotation in office (no one could serve as a representative more than four years out of every seven) and set up a single-chamber legislature.

The state constitutions had some glaring limitations, particularly by more recent standards. Constitutions established to guarantee people their natural rights did not secure for everyone the most fundamental natural right -- equality. The colonies south of Pennsylvania excluded their slave populations from their inalienable rights as human beings. Women had no political rights. No state went so far as to permit universal male suffrage, and even in those states that permitted all taxpayers to vote (Delaware, North Carolina and Georgia, in addition to Pennsylvania), office-holders were required to own a certain amount of property.

What did the Articles of Confederation and the Constitution have in common?

Similarities. The Articles of Confederation and the US constitution were considered as the official law. Therefore, it was obeyed by all states. In addition, they were both created by the legislature in the congress and the central government regulated the value of money.

How does the Articles of Confederation relate to the Constitution?

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.

What are the differences and similarities between the Articles of Confederation and the United States Constitution?

In both, the laws are made by the legislature, whereby the articles of confederation have only one house which is referred to as Congress, and the constitution has got two houses. These two houses combined are referred to as Congress, but it's subdivided into the Senate and the House of Representatives.

How were the state constitutions different from the Articles of Confederation?

Ultimately, the largest difference between America's two governing documents is in that the Articles sovereignty resided in the states, and the Constitution was declared the law of the land when it was ratified which significantly increased the power of the federal government.