Thursday, October 22, 2009

The Articles of Confederation--Part II


Articles II-VI specified the states’ obligations in order to make the new government succeed.  Remember Article VI required them to maintain militias?  Well Article VII gave Congress the power to appoint who would lead those militias in times of war.  Congress charged itself with maintaining a common treasury to pay for war costs and all other expenses allowed by Congress.  Each state had to contribute proportionately depending on the value of the land within their borders.  The states were responsible for collecting taxes in order to contribute to the common treasury.  Compared to our current system, the Articles of Confederation made the government very weak.  The government couldn’t maintain an army but could only appoint officers and it couldn’t even levy taxes.

Only Congress could declare war, receive and send ambassadors, and create alliances with foreign nations.  This was probably to prevent alliances that could undermine their newly found freedom.  They didn’t want Georgie-boy sneaking back in to subjugate them again.  Congress was responsible for deciding legal matters and appointing courts; however, no member of Congress could be a judge.  Congress was to be the last resort on appeal concerning disputes between states and matters concerning land grants.  Article IX sets out a procedure in which one state has to petition Congress to hear the matter.  This article is very specific in how Congress would appoint a judge to hear the matter and what happens if neither party shows.  Some of current rules of civil procedure (note: stuff lawyers have to know, otherwise their case could very easily get booted out of court) seem to derive from this article, including how the court could decide the case if neither party decided to show up.  Only the US government could decide the value of money and metals, seeing as the states could create their own currency (they weren’t told they couldn’t!).  The government was also responsible for regulating trade, dealing with Native Americans, creating and regulating post offices, and appointing officers to the “military” and navy.  


When Congress wasn’t in session, it could appoint a Committee of the States to handle matters that it would normally decide.  Article IX gives Congress the power to appoint committees to manage general affairs, and to appoint one of their members to head the committee, but they could only run it for 1 year every 3 years.  The Committee was responsible for verifying that the states maintained its quota for the militia.  The Article specifically states:

to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State (Articles of Confederation)

Assuming that the white inhabitants would be the ones fighting in the militias, it only makes sense that they were the only ones to count as populating the states.  But, I thought blacks were counted as ¾ of a person, or something like that.  It must’ve been under the Constitution.  I should probably look into that.

Back to the Articles…For Congress to come to a resolution 9 out of 13 states had to agree.  The Articles mandate that Congress keeps track of its proceedings, except on matters requiring secrecy, and that it record each delegate’s vote.  Any delegate could request a transcript of the proceedings.
Article XI provides that Canada could be admitted into the Union.  Why Canada?  Canada’s a former British colony, too.  I guess Congress wanted Canada to have its back, in case George decided to retaliate before they could ally with the foreign nations sharing the continent.  I wonder, if Canada had consented to being part of the United States, would the US have been able to help them fight for their independence?  The US was saddled with crippling debt and they were just concerned with establishing themselves as sovereign before any other country could claim them as a territory. 

Speaking of debt, Article XII states that any debt entered into by Congress is considered a debt against the US.  That’s were the treasury comes in.  All states contribute to paying the debt, and they are to trust Congress to make the right decisions when it comes to entering debts and managing the treasury.

Article XIII specifically states that each state was subject to Congress (as if it needed reiteration).  The US could only dissolve if Congress agreed.  The Articles of Confederation could only be changed or scrapped altogether if Congress agreed.  Thank goodness for that clause…otherwise we’d never have our Constitution. 

The Articles of Confederation were very thorough in setting out the obligations of the states and Congress.  Congress was afraid that the states would get too powerful, but it was also cautious of a strong central government.  Now I want to know how this failed, because otherwise the Constitution would have never been created.  I guess I’ll actually have to do some research now.


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