America's First Government
Balancing National and State Powers in the Articles of Confederation
Apr 4, 2008
Drafting the Articles of Confederation
In the summer of 1776 the Continental Congress began the process of putting together a framework for a national government. The task of writing the draft of the articles fell to two Pennsylvanians, Benjamin Franklin and John Dickinson. The challenge that these two men faced was to create a national government that could carry out the war against Great Britain, conduct foreign relations and settle disputes between the individual states while at the same time respecting an ardent popular belief in the supremacy of states’ rights. The framework they developed, revised in congress, answered this challenge by creating a government that would strike compromises between national power and states’ rights.
War Powers in the Articles of Confederation
The Articles of Confederation forced the states to cede to the national government all war powers with the exception of immediate self-defense. Article IX specifically reserves to congress the right to declare war stating that congress “shall have the sole and exclusive right and power of determining on peace and war”. Additionally, Article VI prohibits this power to the states with, “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…” Article VI also prohibits the states from issuing maritime letters of marque or reprisal (enabling private ships to be fitted for war and to carry out raids on foreign shipping) unless congress had already formally declared war. The article furthermore prohibits the states from maintaining standing military forces with the exception of “a well-regulated and disciplined militia, sufficiently armed…” Article VII reserves to congress the right to appoint all American military officers above the rank of colonel. Finally, Article VIII gives congress the power to levy taxes on the states “for the common defense or general welfare”.
Foreign Policy
To alleviate the possibility of the states negotiating independently with foreign powers, the articles would place the power to conduct foreign policy primarily in the hands of the national government. Article IX allows that only the congress would have the power of “sending and receiving ambassadors” and “entering into treaties and alliances”. Additionally, it gives to congress the right of distribution or return of all prizes of war seized from foreign vessels or people as well as “regulating the trade and managing all affairs with the Indians”.
Conflicts and Commerce Between the States
In order to maintain a peaceful coexistence between the several states, the articles would delegate to congress the power of regulating relationships between them. Article VI prohibits the states from entering into alliances or treaties between themselves without the permission of congress. In Article IX congress is named as the final arbitrator in conflicts between the states arising from border disputes “or any other causes whatever”. Article IX would also ensure that the power regulate the coining and value of currency within the country, thereby preventing conflicts arising in the payment of interstate debts. A further reduction in state sovereignty is ceded in Article IV, where the national government requires that each state give “full faith and credit” to the “records, acts, and judicial proceedings” of every other state.
Retention of States’ Sovereignty in the Articles of Confederation
The above discussion should in no way lead to the conclusion that the Articles of Confederation created an energetic national government at the expense of states’ rights. In fact quite the opposite is true. Beginning with the preamble, the articles show there was intent to maintain the scales of power tipped to the side of state sovereignty. The preamble clearly designates who the articles form a compact between with “we the undersigned Delegates of the States [emphasis the author’s]” and reinforces this in Article III stating, “The said States hereby severally enter into a firm league of friendship with each other…” Additionally, as soon as Article II, the matter is clearly spelled out with “Each state retains its sovereignty, freedom and independence…” Moreover, Article IX gives the states ratification authority over every meaningful act the congress may undertake. While congress would have the lead in conducting foreign policy and regulating trade, it required the approval of two-thirds of the state legislatures for any treaty, declaration of war or imposed tax.
But perhaps the biggest thumb on the scale for states’ rights occurs in congressional representation process. In Article V, it left the appointment of congressional representatives to the sole discretion of the state legislatures. Furthermore, it allowed the states to recall at any time, any member of its congressional delegation, and to replace them with new members. This power made congressmen not representatives of the people but agents of the state legislatures. Also, in congress each state was allocated one vote on all national issues and any revision to the Articles of Confederation would require the unanimity. This allowed even the smallest of states to exercise its sovereignty by effectively vetoing any major shift in power from the states to the national government.
Conclusion
In retrospect, the Articles of Confederation left too much power in the hands of the states. This would eventually lead to unacceptable delays in ratifying treaties, a destruction of America’s international credit and left the states vulnerable to both foreign intrigue and domestic insurrection. However, given the cultural and political environments of the time, the Articles of Confederation created perhaps the best transitional government that was humanly possible.
Sources:
The Articles of Confederation. Charles Tansil arranged and indexed. Government Printing Office, 1927.
Madison, James. Notes of Debates in the Federal Convention of 1787. Adrienne Koch intro. NY: W. W. Norton and Company. 1987. Introduction, Ohio University Press. 1966
Prince, L. Bradford. The Articles of Confederation vs. The Constitution. NY: G.P. Putnam & Son. 1867.
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