Brendan Kavanagh

Mr. Jones
AP US History
12 October 2010
Articles of Confederation and the Constitution

The Articles of Confederation were written during a critical time of uncertainty in

American history. There was a fear that America would regress back to its traditional

roots in tyrannical government. The first constitution of the United States was extremely

liberal and did everything to prevent a relapse into autocratic rule to preserve God’s given

rights. Thomas Jefferson, a delegate responsible for the Articles of Confederation said, “a

government that governs least, governs best” (Faculty.Virginia). These words would be

responsible for the downfall of the first constitution. The creation of the second

Constitution would address all the flaws generated under the Articles of Confederation.

The Articles of Confederation successfully established the United States and united the

colonies to be able to flourish under the current American Constitution.

The Articles of Confederation didn’t have direct powers but their indirect

authority would be influential to the future success of the United States. Under the

Articles, the government enacted the Land Ordinance of 1785, which set up a standard for

measuring, dividing, and distributing land in the Northwest Territory while creating an

area for public schooling. Historically, schooling was only for the elite but under the

Ordinance it was stated, “education shall forever be encouraged” promoting

governmental involvement in education (nd.edu). The Northwest Ordinance established

the Northwest Territory as the first organized territory of the United States. Its ability to
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create territories would support the belief of Manifest Destiny resulting in the current

boundaries of America. The greatest achievement under the Articles was the Treaty of

Paris, responsible for ending hostilities with Britain. The lack of unity would cause the

Treaty of Paris to languish in congress for months because congress had no ability to

enforce attendance. Washington complained about the time it took to agree to the Treaty,

saying, “there is not a sufficient representation to discuss Great National Points” (Fact).

All the strengths given to the federal government in the Articles of Confederation

could be undermined by a state power. The central government might have the authority

to declare war and establish an army and navy but it had no way to draft soldiers. The

Articles created, “a firm league of friendship” (usconsitition) that would ultimately lead

to their destruction. Only three years after the end of the American Revolution, Shays’

Rebellion would break out and the government would be unable to stop it, making the

need for a strong national government evident. The Articles, which were established with

the belief that government, “exists to protect life, liberty, and property,” compromised

our freedoms (Manhatten). Since there was no judicial branch, there was no way to

determine the constitutionality of a law. The unicameral legislature known as Congress

gave equal representation to all states ultimately favoring the less populous colonies

creating an unfair representation. This issue would be vital in the drafting of the

Constitution, only being solved by a bicameral legislature one house for small states and

another for large. The Articles would become a stepping-stone necessary for the creation

of the current Constitution.

The current Constitution created a form of government known as federalism.

Federalism advocates, “for dividing powers between member units and common
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institutions” (Plato). Three branches of government were created along with their own

checks and balances. The legislative branch, omitted in the Articles, became a truly

representative body advocating and protecting the rights of the people. The amendment

process in the Constitution enabled governmental change. The strong central government

allowed for the creation of nationalism and patriotism, which could be exemplified in the,

“most notable result of the War of 1812…an uprising in American Nationalism”

(nps.gov).

The weaknesses of the Articles of Confederation can be considered strengths

when examined in the right context. The Articles ability to create a notion of public

schooling and the idea of manifest destiny are vital to the current hegemonic status of

America. The Weaknesses in the Articles of Confederation became strengths in the

Constitution. In a time when our natural rights are being restricted a less centralized

government, like the one under the Articles, could be influential to the future of the

United States.
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Works Cited

"The American Revolution: War of 1812." U.S. National Park Service - Experience Your

America. Web. 15 Oct. 2010.

<http://www.nps.gov/revwar/unfinished_revolution/war_of_1812.html>.

"Article | The Obsolete New York Model." Manhattan Institute. Web. 15 Oct. 2010.

<http://www.manhattan-institute.org/html/miarticle.htm?id=5127>.

"The Articles of Confederation - The U.S. Constitution Online - USConstitution.net."

Index Page - The U.S. Constitution Online - USConstitution.net. Web. 15 Oct.

2010. <http://www.usconstitution.net/articles.html>.

"Articles of Confederation." Main Page. Web. 15 Oct. 2010. <http://www.fact-

index.com/a/ar/articles_of_confederation.html>.

"Federalism (Stanford Encyclopedia of Philosophy)." Stanford Encyclopedia of

Philosophy. Web. 15 Oct. 2010. <http://plato.stanford.edu/entries/federalism/>.

Vanzant, Kevin. "THE LAND ORDINANCE OF 1785 AND NORTHWEST

ORDINANCE OF 1787." University of Notre Dame. Web. 15 Oct. 2010.

<http://www.nd.edu/~rbarger/www7/ord17857.html>.

"Who Said "That Government Which Governs Best, Governs Least"?" Faculty Web Sites

at the University of Virginia. Web. 15 Oct. 2010.

<http://faculty.virginia.edu/setear/courses/ilaw/leastdig.htm>.