The Articles of Confederation--Part I

After kicking England to the curb, the colonies decided to flex their hard won freedom.  The colonies immediately scrambled to set up independent state governments.  The Articles of Confederation was a way to bind them together without stepping on their toes.

The first thing Congress set out to do was to name their new country.  Like a kid creating a super cool name for his clubhouse, Congress needed something that would show the rest of the world that it meant business.  They chose the name “The United States of America.”  With that decided, it then had to figure out what powers resided in the US government, and what powers rested with the states.  Each state is sovereign, but subject to the US, and whatever power wasn’t delegated to the US remains with the states.  So the states wouldn’t get too cocky, Congress then specified which powers were definitely delegated to the States and the US. 

Congress wanted the states and their inhabitants to get along, so the Articles provide that the inhabitants of any state can freely travel between states, and are treated as the residents of whichever state in which they happen to be.  Criminals were denied this courtesy, and the Articles even provide for extradition of those criminals, relying on the judgment of the courts of individual states and giving them “full faith and credit.”

Every year, State legislatures were expected to appoint delegates to the US Congress, which met on the first Monday in November every year.  The states had to appoint 2-7 delegates, and the delegates’ terms could not be longer than 3 years; nor could the delegates hold a salaried office while serving as a delegate.  Each state was responsible for maintaining their delegates.  When it came determining questions in the assembled Congress, each state had 1 vote. 

In Article V, we see the first instance of “freedom of speech:”

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 or imprisonments, during the time of their going to and from, and attendence [sic] on Congress, except for treason, felony, or breach of the peace. The Articles of Confederation

Delegates were granted certain immunities when they were carrying out their official duties.  However, treason, felonies, and breaches of peace were not tolerated.  Delegates were permitted to speak freely and debate in Congress, something Congress now takes for granted.  Did they forget about having the right to remain silent?

Article VI defines the states’ powers.  The states were considered sovereign and independent, but they were not sovereign nations, and as such, were not permitted to ally or enter into treaties with foreign nations or send ambassadors.  The states also could not create alliances amongst themselves.  They were also prevented from impeding US relations with foreign nations.  The states were responsible for maintaining their militias because the US didn’t maintain an army in times  of peace (in Article IX, the US reserved the right to call upon these militias as their standing army and use  whatever resources set aside for them by the states).  The states had permission to defend themselves against aggressors, but could not engage in war (this included pirate attacks--and real pirates were not Johnny Depp in eyeliner).  Congress sought to create alliances with established nations to be able to defend against British retaliation and didn’t want the states interfering.  The Articles clearly mention entering into treaties with France and Spain.  Why? Because they had territory of the majority of the Continent. 

It’s clear the Articles of Confederation attempted to create a decentralized government.  The states were responsible for being friendly with each other and sending delegates to Congress.  They were also charged with helping defend the nation by maintaining militias.  Only the US could engage in foreign affairs, which put the states in their places.  There was a hierarchy emerging.  The states each had their own governments, and their own hierarchies, subject to Congress and the US government.  One thing was certain: they definitely did not want another King George bossing them around.