The Articles of Confederation: Birth, Failures, and Legacy

The United States Constitution, ratified in 1788 and implemented in 1789, is often treated as the nation’s true founding framework. Yet before it, there existed another governing document, one far less celebrated but no less essential to understanding the early republic. The Articles of Confederation and Perpetual Union served as America’s first constitution from their adoption by the Continental Congress in 1777 to their replacement just over a decade later. Imperfect, fragile, and ultimately unsustainable, the Articles nevertheless provided the institutional bridge between revolution and nationhood.
To understand why the Articles were structured as they were—and why they ultimately failed we need to step back into the mindset of the revolutionary generation. The men who drafted them were not political theorists operating in calm conditions; they were wartime leaders grappling with uncertainty, scarcity, and deep suspicion of centralized authority. They had just rebelled against British tyranny, and they were determined not to allow such power on American soil. The result was a system deliberately designed to restrain national authority, even at the cost of efficiency. The Articles represented both a solution to immediate wartime needs and a reflection of deeply held ideological fears. Their story is not merely one of failure, but of experimentation, adaptation, and political learning.
Revolutionary Context and the Need for Union
The intellectual origins of the Articles stretch back well before independence. Colonial leaders had long recognized the potential benefits of intercolonial cooperation. Benjamin Franklin’s Albany Plan of Union in 1754 proposed a centralized colonial government capable of coordinating defense and managing relations with Native nations. Though ultimately rejected by the colonies, the plan foreshadowed later efforts at union by raising the fundamental question of how semi-autonomous political entities might cooperate without surrendering their independence.
That question became urgent during the American Revolution. When the Second Continental Congress convened in 1775, it functioned as a provisional government, but its authority was ambiguous and largely dependent on voluntary compliance. As the war intensified, it became increasingly clear that thirteen separate colonies could not effectively wage a coordinated struggle against the British Empire without some formal political structure. Congress needed legitimacy—not merely as a gathering of delegates, but as a governing body with recognized authority over military, diplomatic, and financial matters.
On June 11, 1776, Congress appointed a committee to draft a plan of confederation, even as another committee worked on the Declaration of Independence. The parallel timing was no coincidence. Independence required not only separation from Britain but also the creation of a new political order. The Articles were intended to provide that order, a framework through which the states could act collectively while preserving their individual sovereignty.
Drafting Under Pressure
The drafting process unfolded under extraordinary circumstances. John Dickinson of Pennsylvania, a respected lawyer and political thinker, chaired the committee and produced the initial draft in July 1776. Debate over its provisions, however, proved slow and contentious. Congress was simultaneously managing a war, and immediate military concerns often took precedence over constitutional deliberation.
Disagreements over representation, taxation, and western land claims delayed progress for more than a year. It was not until November 15, 1777, while Congress was in exile in York, Pennsylvania, following the British capture of Philadelphia, that the Articles were finally approved. Even then, the document was widely understood as a compromise rather than an ideal solution.
Ratification presented an additional challenge. Because the Articles required unanimous consent, any single state could delay their implementation. The principal obstacle came from disputes over western lands. States with expansive territorial claims, such as Virginia, were reluctant to relinquish them, while smaller states like Maryland insisted that such lands should be held in common for the benefit of the union. Only after Virginia agreed to cede its claims did Maryland ratify the Articles on March 1, 1781, bringing them into full effect.
Structure and Principles
The Articles of Confederation established a national government that was intentionally limited in scope. At its core was a unicameral Congress in which each state, regardless of size or population, held a single vote. This arrangement reflected the primacy of state sovereignty: the union was conceived not as a single nation but as a “league of friendship” among independent states.
The national government possessed certain powers, including the authority to declare war, negotiate treaties, coin money, and manage relations with Native nations. However, these powers were constrained by critical limitations. Congress could not levy taxes directly, regulate interstate commerce, or enforce its decisions upon the states. Instead, it relied on requisitions, little more than requests for funds, which states frequently ignored or, at best, only partially fulfilled.
Equally significant was the absence of both an executive branch and a national judiciary. There was no president to enforce laws or coordinate policy, and no federal court system to interpret them. Administrative functions were handled by committees and departments accountable to Congress, resulting in a diffuse and often ineffective system of governance.
Amending the Articles required unanimous consent, a provision that made meaningful reform nearly impossible. While intended to protect state sovereignty, this requirement ensured that structural weaknesses could not be easily corrected.
Achievements Under the Articles
Despite their limitations, the Articles of Confederation were not without success. Most importantly, they provided a legal framework that enabled the colonies to prosecute and ultimately win the Revolutionary War. The Continental Congress, operating under the authority of the Articles, secured crucial alliances, most notably with France, and negotiated the Treaty of Paris in 1783, which formally ended the conflict and recognized American independence.
The Confederation government also achieved lasting success in western land policy. The Land Ordinances of 1784 and 1785, followed by the Northwest Ordinance of 1787, established a systematic process for surveying, selling, and governing western territories. These measures ensured that new states would enter the union on equal footing with the original thirteen and prohibited slavery in the Northwest Territory. This framework not only facilitated orderly expansion but also set important precedents for federal authority over territories.
The Articles also fostered a sense of national identity, however fragile. They affirmed the name “United States of America” and maintained a formal union during a period when regional differences might easily have led to fragmentation.
Structural Weaknesses and Growing Crisis
The weaknesses of the Articles, however, became increasingly apparent in the postwar period. Financial instability was among the most pressing issues. Without the power to tax, Congress struggled to pay war debts, fund the military, or support basic governmental functions. Inflation, currency devaluation, and economic dislocation further compounded these difficulties.
Interstate economic conflict added another layer of instability. In the absence of federal regulation, states imposed tariffs and trade barriers against one another, undermining economic cohesion. Competing currencies and inconsistent policies created an environment of uncertainty that hindered recovery and growth.
The lack of enforcement mechanisms proved equally problematic. Congress could pass laws and enter into treaties, but it had no means of compelling compliance. States frequently ignored national directives, and often violated provisions of the Treaty of Paris, particularly regarding the treatment of loyalists and British creditors. This inability to enforce national policy damaged American credibility abroad.
These structural deficiencies reflected the underlying philosophy of the Articles: a deep distrust of centralized power. By the mid-1780s, it was becoming clear that excessive decentralization carried its own dangers.
Shays’ Rebellion and the Turning Point
The crisis reached a breaking point with Shays’ Rebellion in 1786–1787. Economic hardship, particularly among farmers in western Massachusetts, led to widespread unrest. Burdened by debt and high taxes, many farmers faced foreclosure and imprisonment. When legal and political remedies failed, they turned to direct action, closing courts and attempting to seize the federal arsenal at Springfield.
The Confederation government was effectively powerless to respond. Lacking both funds and military authority, Congress could offer no assistance. The rebellion was ultimately suppressed by a state militia supported by private funds, underscoring the inability of the national government to maintain order.
The implications were profound. For many leaders, including George Washington and Alexander Hamilton, Shays’ Rebellion demonstrated that the existing system was untenable. A government that could not enforce laws or ensure domestic tranquility was doomed to collapse.
Toward a New Constitution
Efforts to address these problems began modestly. The Annapolis Convention of 1786, initially convened to discuss trade issues, concluded that broader reforms were necessary and called for a general convention in Philadelphia. In February 1787, Congress endorsed this proposal, though officially only to revise the Articles.
The Philadelphia Convention, however, quickly moved beyond revision. Delegates recognized that the Articles’ fundamental structure, particularly the reliance on voluntary state compliance, could not support an effective national government. The solution was to become an entirely new framework: the United States Constitution.
Ratified in 1788 and implemented the following year, the Constitution addressed the central weaknesses of the Articles by establishing a stronger federal government with the power to tax, regulate commerce, enforce laws, and operate through separate executive, legislative, and judicial branches.
Legacy and Historical Significance
It is tempting to view the Articles of Confederation solely as a failure, a flawed experiment quickly discarded in favor of a superior system. Such a perspective, however, overlooks their broader significance. The Articles represented a necessary first step in the creation of the American republic. They reflected the political realities and ideological commitments of their time, particularly the pervasive fear of centralized authority.
Their shortcomings provided invaluable lessons. The Constitution did not emerge in a vacuum; it was shaped directly by the experience of governing under the Articles. The framers understood, from hard experience, the dangers of both excessive centralization and excessive decentralization. The resulting system sought to balance these concerns, creating a government strong enough to function yet constrained enough to preserve liberty.
The Articles also demonstrated that political systems can evolve. They were not the final word on American governance, but an early chapter in an ongoing process of constitutional development. Their legacy lies not only in what they achieved, but in what they revealed about the challenges of building a nation.
In this sense, the Articles of Confederation were not a failure so much as an experiment, one conducted under extraordinary pressure, with limited precedent, and with stakes that could scarcely have been higher. They held the union together long enough for a more durable system to emerge. That alone secures their place in the story of American constitutional history.
Image generated by author using ChatGPT.
Sources
National Archives: Articles of Confederation (1777) — Primary Document
Library of Congress: Articles of Confederation — John Dickinson (1778)
HISTORY.com: Articles of Confederation — Weaknesses, Definition, Date
George Washington’s Mount Vernon: The Articles of Confederation
U.S. Department of State, Office of the Historian: Articles of Confederation, 1777–1781
Encyclopedia of Greater Philadelphia: Articles of Confederation
Encyclopaedia Britannica: John Dickinson
National Archives: John Dickinson Writings
University of Delaware Library: John Dickinson — Penman of the Revolution
EBSCO Research Starters: Analysis — Articles of Confederation
Wikipedia: Articles of Confederation
National Constitution Center: Summary of Shays’ Rebellion








Who Gets to Decide? The Modern Battle Over Books in America
By John Turley
On June 19, 2026
In Commentary, Politics
If you thought book banning was a relic of the past, think again. The United States is experiencing the most intense wave of book challenges in modern memory. Over the last four years, thousands of books have been removed from school and library shelves, sparking a national debate about parental rights, free expression, education, and the role of government.
At the center of the controversy is a simple but powerful question: Who gets to decide what children and communities are allowed to read?
We were casually looking for books to read with our grandson this year. He loves baseball so we were looking for books on that topic. Somehow we got on a site about banned books and, yes, there was a baseball story on the list, curiosity got us. The book is Baseball Saved Us by Ken Mochizuki and Dom Lee. This is the story about a baseball field that was created in a Japanese internment camp in during World War II and the prejudice they faced when they returned home after the war. The story, written on a fourth grade reading level, is about how the boys played baseball during their internment and how it helped them to survive. This is a banned book?? Why??
This made us wonder what it means to be on a “banned book list”. Just because it’s on the list does every library or school have to ban it? The answer is no, thank goodness. Members of library boards and school boards and parents play an important role and they have a lot to consider. Here are some interesting details about book banning in its current evolution.
The Scale of the Movement
The numbers are striking. According to PEN America, nearly 23,000 book bans have occurred in public schools since 2021. During the 2023–24 school year alone, more than 10,000 individual book bans were recorded. The following year saw nearly 7,000 additional bans affecting more than 3,700 unique titles.
Florida has led the nation in book removals for three consecutive years, followed by Texas and Tennessee. The American Library Association (ALA) documented more than 4,200 unique titles challenged in 2025, making it one of the highest years ever recorded.
Not every challenge results in a permanent ban. Some books are removed temporarily while review committees evaluate complaints. Others are eventually restored to shelves. Yet the sheer volume of challenges has significantly reduced access to books for many students and library users.
Supporters argue these actions protect children from inappropriate material. Critics view them as a growing campaign of censorship.
Which Books Are Being Targeted?
The books most frequently challenged share common themes.
According to the ALA, many complaints focus on books that discuss race, racism, gender identity, sexuality, or LGBTQ+ experiences. Others involve sexual content, abuse, violence, or mental health issues.
Among the most challenged books in recent years are Gender Queer by Maia Kobabe, The Perks of Being a Wallflower by Stephen Chbosky, Looking for Alaska by John Green, and several novels by Sarah J. Maas.
Classic works have also been caught in the controversy. Schools and districts in several states have removed or restricted books such as The Bluest Eye by Toni Morrison, The Kite Runner by Khaled Hosseini, and even George Orwell’s 1984.
Critics of the banning movement note that many of these books have been available in schools for years or even decades. They argue that the current challenges are less about newly discovered concerns and more about broader cultural and political disagreements.
Who Is Driving the Challenges?
One of the most significant developments is the changing source of complaints.
The ALA reports that in 2025, 92 percent of book challenges originated from organized groups, government officials, or political activists rather than individual parents. Twenty years earlier, most challenges came from local citizens raising concerns about specific books.
This shift suggests that book challenges have become part of a larger political movement rather than isolated local disputes.
Among the most visible organizations is Moms for Liberty, founded in Florida in 2021. Originally focused on opposition to COVID-19 school policies, the group later turned its attention to curriculum issues and library books. It now claims chapters in dozens of states and has become a major force in school board elections and library controversies.
Other organizations, including No Left Turn in Education, Citizens Defending Freedom, and various state-based groups, have pursued similar goals. These organizations often share lists of books to challenge, provide guidance to local activists, and coordinate campaigns across multiple communities.
Supporters describe these efforts as parental advocacy. Critics see them as organized attempts to impose political and ideological restrictions on public education.
The Political Connection
The book-banning movement has become closely associated with broader conservative politics, particularly the MAGA movement.
Moms for Liberty has maintained ties with the Heritage Foundation, the conservative think tank that developed Project 2025. The Heritage Foundation has sponsored Moms for Liberty events and honored the organization with awards recognizing its activism.
The relationship became even more visible when Moms for Liberty co-founder Tiffany Justice left the organization to lead the Heritage Foundation’s parental-rights initiative.
Former President Donald Trump has also embraced many of the same themes. He appeared at a Moms for Liberty national summit and has frequently criticized educational institutions, libraries, and schools that he believes promote what he describes as inappropriate or politically biased material.
Supporters view these alliances as part of a broader effort to restore parental control over education. Opponents argue they demonstrate that book challenges have become deeply intertwined with national political agendas.
Project 2025 and Libraries
Much attention has focused on Project 2025, the policy blueprint produced by the Heritage Foundation.
The document calls for stronger action against what its authors characterize as inappropriate materials in schools and libraries. Critics have highlighted language suggesting that educators and librarians who provide access to certain materials could face legal consequences.
Supporters argue that such proposals are intended to protect children from explicit content. Opponents contend that they would create a chilling effect, discouraging educators and librarians from offering books dealing with controversial subjects.
The debate reflects a broader disagreement about where the line should be drawn between protecting minors and preserving intellectual freedom.
How Libraries and Schools Are Responding
Responses vary widely across the country.
Some school districts remove challenged books immediately. Others establish review committees consisting of teachers, librarians, administrators, parents, and sometimes students. These committees examine books in their entirety before making recommendations.
Public libraries have generally been more resistant to removing books. Most rely on formal collection-development policies and challenge procedures designed to balance community concerns with principles of intellectual freedom.
Many libraries have retained challenged books after review, arguing that public libraries serve diverse populations and that parents should make reading decisions for their own children without limiting access for others.
At the same time, librarians in some states report increasing pressure from elected officials and advocacy groups. Concerns about funding, employment consequences, and potential legal liability have led some libraries to avoid purchasing controversial titles altogether.
Critics refer to this phenomenon as “preemptive censorship” because books disappear before formal challenges even occur.
State Governments Enter the Fight
Several states have moved beyond local challenges and enacted statewide policies.
Utah, South Carolina, and Tennessee have adopted mechanisms that allow certain books to be removed from schools statewide. Florida has expanded parental authority over educational materials and library collections.
Supporters argue these measures provide consistency and protect children across entire states. Critics counter that statewide restrictions eliminate local decision-making and reduce access to books for students whose families may have no objections to the material.
The controversy has occasionally reached dramatic levels. In Randolph County, North Carolina, county commissioners dissolved the public library board after it refused to remove a children’s book featuring a transgender character.
Such disputes illustrate how library policy has become a flashpoint in cultural conflicts.
The Courts Push Back
Many of these policies have faced legal challenges and the results have been mixed.
In Iowa, a federal judge blocked portions of a state law that prohibited books containing descriptions of sexual activity, ruling that the restrictions likely violated First Amendment protections. In the Rutherford County, Tennessee case, the first legal challenge to that state’s expanded book statute — a federal judge declined to issue a preliminary injunction, writing that a school board “has not prohibited students from reading the books or acquiring them elsewhere; instead, it has merely opted not to carry them on school library bookshelves.”
Courts have often struggled to balance competing interests. School boards possess significant authority over educational materials, while students have constitutional protections related to access to information.
The legal outcomes remain uncertain, but the judiciary has become one of the primary battlegrounds in the debate.
Voters Respond
School board elections have become another arena for the conflict.
In several Texas districts during 2025, voters removed incumbents who had championed aggressive book-removal policies. Similar results appeared in other states, suggesting that many voters are uncomfortable with the scope of current restrictions. At the same time, candidates supporting stricter controls continue to win elections in other communities.
The mixed results indicate that Americans remain deeply divided on the issue.
A Growing Countermovement
Opposition to book bans has generated its own political response. Organizations such as PEN America, the Authors Guild, the ALA, and numerous local advocacy groups have organized campaigns defending intellectual freedom. Several states have considered legislation designed to make book removals more difficult.
Minnesota, for example, has considered legislation that would prohibit the removal of books based primarily on ideological objections and would place greater authority in the hands of professional librarians.
Supporters argue such laws protect access to information. Critics contend they diminish parental influence and local control.
The Bottom Line
The modern book-banning movement is unlike anything seen in recent decades. Its scale is unprecedented, its organization is sophisticated, and its connections to broader political movements are well documented.
Supporters view the effort as a legitimate exercise of parental rights and community standards. Critics see it as an organized campaign to restrict access to ideas, experiences, and viewpoints that some groups find objectionable.
The debate is unlikely to disappear anytime soon. It touches fundamental questions about education, democracy, free speech, and the role of public institutions.
Who should decide what belongs on library shelves? Parents? Librarians? Teachers? School boards? Legislatures? Courts?
Americans have not reached a consensus on those questions. Until they do, the battle over books is likely to remain one of the most visible fronts in the nation’s ongoing culture wars.
Illustration generated by author using Chat GPT
Sources
PEN America — Book Bans Overview
PEN America — The Normalization of Book Banning (2024–25 Report)
American Library Association — Censorship by the Numbers
ALA — Most Challenged Books
NPR — ALA Releases 2025 Most Challenged Books
NPR — PEN America 2024–25 Report
Authors Guild — Voters Reject Book Restrictions, 2025
Washington Post — Trump, Moms for Liberty, Heritage Foundation
New Jersey Monitor — M4L Summit and Project 2025 Ties
GLAAD — Moms for Liberty and Book Bans
EveryLibrary Institute — Project 2025 and Libraries
I Love Libraries — Book Challenges Update
Freedom to Learn Foundation — 2025 State of Book Banning