Drafting the Articles of Confederation

The Articles of Confederation originally drafted by Dickinson were modified extensively before being ratified by the states and evolved into what is now the U.S. Constitution. It is a common perception that the articles were a failure, in either version, but this does not take away from their significance as foundational documents of a new nation and its corresponding constitution.

The Articles of Confederation were drafted in 1777, shortly after the Declaration of Independence (1776). The intention of the articles by the Second Continental Congress, of which Dickinson was a delegate, was to form a government capable of maintaining the newly independent colonies. The limited power of the central government is a well-known attribute of the articles. Congress did, however, obtain ordinance over issues such as diplomacy, the printing of money, inter-state controversies, and issues of war. The latter responsibility was considered paramount as it dictated the creation and maintenance of the Continental Army. Also of significance was the government’s control over negotiations with the west, more specifically Native American lands.

One of the reasons John Dickinson was selected as the writer for the Articles was because of his fine penmanship. As a member of the conservative party (typically those from middle states), he was somewhat of a controversial writer of the draft of the Articles since he was originally an opponent of complete independence from Great Britain. Regardless, Dickinson, a trained lawyer, was aware of the importance of the common interests in forming a government with limited central power but also with a strong sense of what would become the executive body. The government originally drafted did not have designated legislative and judicial branches clearly defined, as they would later become. The most contested areas of Dickinson’s draft was the issues of representation—each state was originally only given one vote in Congress—the basis of taxation, and control of the West, along with Dickinson’s often ambiguous language (lawyer jargon), which was extensively simplified for more general comprehension in the final version. However, the most notable change in the Dickinson draft is that of representation, which ended up giving larger states proportionately more votes in Congress, eventually leading to the establishment of the Electoral College.

The Articles were not officially ratified until 1781, however, they did serve as the de facto constitution during this period of negotiation of both the articles and land disputes in states like Maryland. Despite the perceived failures of the Articles of Confederation, both the Dickinson draft and the final version were an important step towards forming a written, democratic constitution. James Madison would go on to argue against the Articles of Confederation in his Federalist Papers.