An Interview with Professor Don Elder: The Articles of Confederation

5.14.10 - Michael F. Shaughnessy - Professor Elder, most people recognize the current Constitution of the United States, but not everyone knows about it's predecessor- The Articles of Confederation. Could you comment on this?

An Interview with Professor Don Elder: The Articles of Confederation

Michael F. Shaughnessy

Eastern New Mexico University

Portales, New Mexico

1)      Professor Elder, most people recognize the current Constitution of the United States, but not everyone knows about it's predecessor- The Articles of Confederation. Could you comment on this?

Indeed. I think because of its short duration, the Articles of Confederation is virtually unknown today.

2)      When were the Articles of Confederation first drafted, and could this be considered as a "rough draft" of the Constitution?

The Articles of Confederation was drafted while the American Revolution was still in progress. At the same time that the Continental Congress adopted a resolution in favor of independence (June of 1776), it created a committee to come up with a plan for governing the nation once independence was declared. I don't consider it as a "rough draft" for the Constitution, because the Continental Congress wanted a national government with very limited power.

3)      Who were some of the key people involved in it's writing?

Congress formed a committee consisting of a representative of each colony, but it was John Dickinson of Pennsylvania who was most responsible for the first draft. Congress then made modifications, as Dickinson had put more power in the hands of the new government than most delegates were willing to concede.

4)      What would you say were the differences between the Articles of Confederation and the Constitution?

The Articles of Confederation gave limited powers to a national government that basically consisted of one branch: a legislature. That legislature had only one house, where all states would have one vote. There was no executive or judicial branch. Those are the key differences between the Articles of Confederation and the Constitution.

5)      I understand that John Hancock was intimately involved with the Articles of Confederation as well as the Declaration of Independence. What does history know about his role in this document?

Actually, Hancock had little to do with either. He presided over the debate about the Declaration of Independence as president of the Continental Congress, but didn't really contribute anything substantive. He voted in favor of the Articles of Confederation in 1777, but had played little part in shaping it.

6)      What does the term "Perpetual Union" mean in reference to this document?

To many people, this means that the states would be bound to belong to the United States of America forever. I am one of those who embrace this interpretation. Others believe that it meant that a United States of America would exist forever, but that states were not bound to remain a part of that nation--hence the secession of states after Lincoln's election in 1860.

7)      What would you say were the main issues that were addressed in the Articles of Confederation?

The Articles of Confederation addressed the critical elements all governments should have: the right to make treaties, the right to generate income, the right to self defense, etc. But there was virtually no power given to the national government to compel states to do anything.

8)      What seems to be it's historical relevance or impact in terms of the founding of this nation?

We needed a national government after we declared independence, and the Articles of Confederation accomplished that goal. The new government did have one major success when it passed the Northwest Ordinance in 1787, one of the most important laws in our nation's history. But the fundamental weakness of the new government left our nation open to troubles both foreign and domestic, and thus paved the way for the Constitution.

9)      What lessons were perhaps learned from the Articles of Confederation?

It demonstrated that a clear delineation of power between the national government and the states was necessary, and that the national government needed the power to compel the states to act. These were the lessons to be drawn from the experiment with the Articles of Confederation.