What was the compromise that needed to be reached for the articles of confederation to be ratified?

It was on this day in 1777 that the Articles of Confederation, the first American constitution, was sent to the 13 states for consideration. It didn’t last a decade, for some obvious reasons.

The Articles formed a war-time confederation of states, with an extremely limited central government. The document made official some of the procedures used by the Congress to conduct business, but many of the delegates realized the Articles had limitations.

Here is a quick list of the problems that occurred, and how these issues led to our current Constitution.

1. The states didn’t act immediately. It took until February 1779 for 12 states to approve the document. Maryland held out until March 1781, after it settled a land argument with Virginia.

2. The central government was designed to be very, very weak. The Articles established “the United States of America” as a perpetual union formed to defend the states as a group, but it provided few central powers beyond that. But it didn’t have an executive official or judicial branch.

3. The Articles Congress only had one chamber and each state had one vote. This reinforced the power of the states to operate independently from the central government, even when that wasn’t in the nation’s best interests.

4. Congress needed 9 of 13 states to pass any laws. Requiring this high supermajority made it very difficult to pass any legislation that would affect all 13 states.

5. The document was practically impossible to amend. The Articles required unanimous consent to any amendment, so all 13 states would need to agree on a change. Given the rivalries between the states, that rule made the Articles impossible to adapt after the war ended with Britain in 1783.

6. The central government couldn’t collect taxes to fund its operations. The Confederation relied on the voluntary efforts of the states to send tax money to the central government. Lacking funds, the central government couldn’t maintain an effective military or back its own paper currency.

7. States were able to conduct their own foreign policies. Technically, that role fell to the central government, but the Confederation government didn’t have the physical ability to enforce that power, since it lacked domestic and international powers and standing.

8. States had their own money systems. There wasn’t a common currency in the Confederation era. The central government and the states each had separate money, which made trade between the states, and other countries, extremely difficult.

9. The Confederation government couldn’t help settle Revolutionary War-era debts. The central government and the states owed huge debts to European countries and investors. Without the power to tax, and with no power to make trade between the states and other countries viable, the United States was in an economic mess by 1787.

10. Shays’ rebellion – the final straw. A tax protest by western Massachusetts farmers in 1786 and 1787 showed the central government couldn’t put down an internal rebellion. It had to rely on a state militia sponsored by private Boston business people. With no money, the central government couldn't act to protect the "perpetual union."

These events alarmed Founders like George Washington, James Madison and Alexander Hamilton to the point where delegates from five states met at Annapolis, Maryland in September 1786 to discuss changing the Articles of Confederation.

The group included Madison, Hamilton and John Dickinson, and it recommended that a meeting of all 13 states be held the following May in Philadelphia. The Confederation Congress agreed and the Constitutional Convention of 1787 effectively ended the era of the Articles of Confederation.

On June 21, 1788, the Constitution became the official framework of the government of the United States of America when New Hampshire became the ninth of 13 states to ratify it. The journey to ratification, however, was a long and arduous process.

Until the new Constitution was ratified, the country was governed by the Articles of Confederation. That document was tailored to a newly formed nation made of states acting more like independent, sovereign countries, and it quickly became clear to some of America’s leaders that future stability required a stronger, more centralized government. New York’s Alexander Hamilton thus led the call for a constitutional convention to reevaluate the nation’s governing document. The Confederation Congress endorsed his initiative, and representatives from all 13 states were subsequently invited to convene in Philadelphia on May 25, 1787, to participate in the Convention.

The initial purpose of the Convention was for the delegates to amend the Articles of Confederation; however, the ultimate outcome was the proposal and creation of a completely new form of government. Three months later, on September 17, 1787, the Convention concluded with the signing (by 38 out of 41 delegates present) of the new U.S. Constitution. Under Article VII, it was agreed that the document would not be binding until its ratification by nine of the 13 existing states.

Hamilton and James Madison led the lobbying efforts for votes in favor of ratifying the Constitution. With assistance from John Jay, they produced the 85 essays known as “The Federalist Papers” that explained and defended how the proposed new government would function. The essays were published in newspapers nationwide.

The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. Some states voiced opposition to the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and press. However, the terms of the Massachusetts Compromise reached in February 1788 stipulated that amendments to that effect—what became the Bill of Rights—would be immediately proposed. The constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire.

After ratification, Congress set dates for the first federal elections and the official implementation of the Constitution. Elections were set to take place from Monday, December 15, 1788, to Saturday, January 10, 1789, and the new government was set to begin on March 4, 1789.

In the nation’s first presidential election, George Washington was elected President and John Adams was elected Vice President. Congress was also restructured to reflect the system of representation created by the Connecticut Compromise at the Constitutional Convention.

The Constitution, however, was still evolving. Madison introduced 17 amendments to the Constitution born from the Massachusetts Compromise, of which Congress adopted twelve on September 25, 1789, to send forth to the states for ratification. Ten of those amendments, known as the Bill of Rights, were ratified on December 15, 1791.

Even after the Constitution’s ratification, the U.S. did not begin to look and function remotely like it does today until several years later. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island finally approved the document, and the Bill of Rights was not ratified to become part of the Constitution until the end of the following year. Moreover, the capital was not set until July 16, 1790, almost a year and half after the general elections took place.

The location of the capital was born, like most decisions in the formation of the budding nation, out of negotiation. Hamilton, now Secretary of the Treasury, sought passage of the Funding Act so that the federal government could assume state Revolutionary War debts and thus endow the government with more economic power. Meanwhile, Secretary of State Thomas Jefferson wanted to pass the Residence Act, which would set the location of the nation’s capital along the Potomac River and give the South increased political power to check the North’s growing economic power by placing the capital in a location friendly to Southern economic interests.

The two men struck a deal: Jefferson would persuade Madison, a man with significant influence in the House, to back Hamilton’s Funding Act, thereby garnering him the votes it would need to pass. In return, Hamilton would help Jefferson and Madison secure the votes needed to pass the Residence Act. The capital’s precise geographic location was left to President Washington, and on January 24, 1791—almost three years after the Constitution was first ratified—land was designated for construction.

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