The Articles of Confederation vs. The United States Constitution

The Articles of Confederation and the United States Constitution are two pivotal documents that have played a significant role in shaping the United States government. The Articles of Confederation (AOC) marked the initial attempt at creating a framework for the nation's governance, while the United States Constitution, born out of the recognition of the AOC's shortcomings, established a more robust and enduring federal system. In this essay, we will conduct a comprehensive analysis of these two foundational documents, exploring their strengths, weaknesses, and respective contributions to the development of the United States.

The Articles of Confederation: An Inadequate Foundation

The Articles of Confederation, ratified in 1781, represented the first formal constitution of the United States. At its core, the AOC aimed to provide a framework for a loose confederation of states, granting Congress certain powers such as the ability to declare war, develop foreign policy, regulate Native American affairs in the territories, coin money, operate post offices, borrow funds, and appoint military officers.

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While these powers may seem substantial, the AOC concealed underlying weaknesses that hindered its effectiveness.

One glaring limitation of the AOC was its inability to levy taxes on individuals. This financial constraint severely impeded the federal government's ability to fund its operations and address the nation's burgeoning needs. Consequently, the framers of the United States Constitution recognized the necessity of granting Congress the authority to tax, a key feature that would provide the federal government with the necessary resources to function effectively.

Furthermore, the AOC lacked a federal court system, leaving a critical void in the adjudication of disputes between citizens and states.

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Recognizing this deficiency, the framers of the Constitution established a dynamic court system that would play a pivotal role in upholding the rule of law and ensuring justice.

The regulation of trade between states and control over interstate commerce was another pressing issue overlooked by the AOC. The Constitution rectified this by conferring upon Congress the power to regulate interstate commerce, thus harmonizing trade relations among states.

Another critical aspect of governance that the AOC overlooked was executive power. Under the AOC, the role of the president was limited to presiding over Congress, lacking the authority to execute or enforce the laws of the land. The Constitution, on the other hand, created the Executive branch, endowing the president with the power to select Cabinet members and serve as a vital check on the judicial and legislative branches.

Amending the AOC proved to be an arduous task, as it required unanimous consent from all 13 states. Recognizing the impracticality of this requirement, the framers of the Constitution introduced a more flexible amendment process, which necessitated a two-thirds vote in both houses of Congress, followed by approval from three-fourths of state legislatures or a national convention.

The AOC's approach to state representation also suffered from deficiencies, as it allotted each state a single vote in Congress, regardless of its size or population. The Constitution addressed this imbalance by introducing a bicameral legislature, consisting of the Senate (with equal representation for all states) and the House of Representatives (based on population), thereby creating a more equitable representation system.

The recruitment of military forces was another concern under the AOC, as it relied on states to provide troops in times of need. The Constitution granted Congress the authority to raise an army when necessary for national defense.

Moreover, the AOC's system of arbitration proved cumbersome, while the Constitution empowered federal courts to handle disputes efficiently, thereby upholding the rule of law.

Perhaps one of the most critical distinctions lay in the question of sovereignty. Under the AOC, sovereignty primarily resided within the states, resulting in a fragmented and decentralized system of governance. The Constitution, however, established itself as the supreme law of the land, consolidating sovereignty at the federal level and fostering a more cohesive nation.

Additionally, the AOC required a supermajority of 9 out of 13 states to approve legislation, whereas the Constitution adopted a majority vote system in both houses, complemented by the president's signature.

While the AOC had its merits, including granting Congress significant powers, it ultimately failed to provide the strong central government that the United States needed to function effectively.

The Path to the United States Constitution

The deficiencies of the AOC became increasingly evident, prompting the convening of the Constitutional Convention in Philadelphia on May 25, 1787. This gathering was instrumental in addressing the shortcomings of the AOC and paving the way for the United States Constitution.

At the Convention, various plans were proposed and compromises were reached to forge a more effective system of governance. The Virginia Plan, presented by Governor Edmund Randolph, advocated for a strong national government with a bicameral legislature based on population. It called for direct election of the lower house and outlined the powers of the executive and judiciary branches.

In contrast, the New Jersey Plan, presented by William Patterson, advocated for limited federal powers and no new Congress. This plan expanded some of the authorities held by the Continental Congress and proposed a plural executive branch.

Following rigorous debate and negotiation, a series of compromises were struck. The Great Compromise, also known as the Connecticut Compromise, resulted in a bicameral legislature: the House of Representatives, featuring representation based on population, and the Senate, with equal representation for each state, ensured by two senators chosen by state legislatures.

The Three-Fifths Compromise addressed the contentious issue of counting slaves for both taxation and representation, settling on counting each slave as three-fifths of a person for these purposes.

After months of deliberation and compromise, the delegates to the Constitutional Convention reached a historic consensus. On September 17, 1787, a majority of delegates approved the document they had painstakingly crafted.

However, the journey to ratification was far from straightforward. In order for the Constitution to take effect, it required ratification by at least 9 out of the 13 states. While this threshold was met, the support of larger states, such as New York and Virginia, was crucial for the government's efficacy.

Debates ensued between Federalists, who favored ratification, and Anti-Federalists, who opposed it. Federalists argued that the rejection of the Constitution would lead to chaos and civil unrest, emphasizing the necessity of a strong federal government. Anti-Federalists contended that the Constitutional Convention had overstepped its authority and raised concerns about the centralization of power at the expense of states.

A pivotal turning point in securing ratification was the commitment to adopt a Bill of Rights, addressing concerns about individual liberties. John Jay, Alexander Hamilton, and James Madison penned The Federalist Papers, a collection of essays that vigorously advocated for the Constitution's ratification. These essays played a significant role in swaying public opinion.

Ultimately, New York and Virginia, two influential states, ratified the Constitution, solidifying its acceptance. Rhode Island, the final holdout, eventually ratified the Constitution on May 29, 1790, after facing threats of foreign treatment.


In conclusion, the Articles of Confederation and the United States Constitution represent two critical milestones in the evolution of American governance. While the AOC laid the initial groundwork, it suffered from inherent weaknesses that necessitated the creation of the Constitution.

The Constitution addressed these deficiencies by granting Congress the power to tax, establishing a federal court system, regulating interstate commerce, strengthening executive authority, streamlining the amendment process, rectifying issues of state representation, empowering Congress to recruit military forces, simplifying dispute resolution through federal courts, and consolidating sovereignty at the federal level.

The Constitutional Convention of 1787 played a pivotal role in shaping the new governance structure, and the compromises reached, including the Great Compromise and the Three-Fifths Compromise, laid the foundation for the United States Constitution.

Through persuasive essays such as The Federalist Papers, the Constitution garnered public support, leading to its ratification by the requisite number of states. The commitment to adopting a Bill of Rights further assuaged concerns about individual liberties.

In essence, the United States Constitution emerged as a resilient and enduring framework for the federal government, addressing the deficiencies of the Articles of Confederation and shaping the nation into what it is today—a beacon of democracy and governance.

Updated: Oct 30, 2023
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The Articles of Confederation vs. The United States Constitution. (2016, May 11). Retrieved from

The Articles of Confederation vs. The United States Constitution essay
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