The United States has operated under two constitutions. The first, The Articles of Confederation, was in effect from
March 1, 1781, when Maryland ratified it. The second, The
Constitution, replaced the Articles when it was ratified by New Hampshire
on June 21, 1788.
The two documents have much in common – they were established by the same
people (sometimes literally the same exact people, though mostly just in terms
of contemporaries). But they differ more than they do resemble each other,
when one looks at the details. Comparing them can give us insight into what
the Framers found important in 1781, and what they changed their minds on by
1788.
Formal name of the nation
Articles: The United States of America
Constitution: (not specified, but referred to
in the Preamble as “the United States of America”)
Legislature
Articles: Unicameral, called Congress
Constitution: Bicameral, called Congress, divided into the
House of Representatives and the Senate
Members of Congress
Articles: Between two and seven members per state
Constitution: Two Senators per state, Representatives
apportioned according to population of each state
Voting in Congress
Articles: One vote per state
Constitution: One vote per Representative or Senator
Appointment of members
Articles: All appointed by state legislatures, in the manner
each legislature directed
Constitution: Representatives elected by popular vote,
Senators appointed by state legislatures
Term of legislative office
Articles: One year
Constitution: Two years for Representatives, six for
Senators
Term limit for legislative office
Articles: No more than three out of every six years
Constitution: None
Congressional Pay
Articles: Paid by states
Constitution: Paid by the federal government
When Congress is not in session…
Articles: A Committee of States had the full powers of
Congress
Constitution: The President can call for Congress to
assemble
Chair of legislature
Articles: President of Congress
Constitution: Speaker of the House of Representatives,
Vice President is President of the Senate
Executive
Articles: None
Constitution: President
National Judiciary
Articles: Maritime judiciary established
Constitution: Federal judiciary established, including
Supreme Court
Adjudicator of disputes between states
Articles: Congress
Constitution: Supreme Court
New States
Articles: Admitted upon agreement of nine states (special
exemption provided for Canada)
Constitution: Admitted upon agreement of Congress
Amendment
Articles: When agreed upon by all states
Constitution: When agreed upon by three-fourths of all
states
Navy
Articles: Congress authorized to build a navy; states
authorized to equip warships to counter piracy
Constitution: Congress authorized to build a navy; states
not allowed to keep ships of war
Army
Articles: Congress to decide on size of force and to
requisition troops from each state according to population
Constitution: Congress authorized to raise and support
armies
Power to coin money
Articles: United States and the states
Constitution: United States only
Ex post facto laws
Articles: Not forbidden
Constitution: Forbidden of both the states and the Congress
Bills of attainder
Articles: Not forbidden
Constitution: Forbidden of both the states and the Congress
Taxes
Articles: Apportioned by Congress, collected by the states
Constitution: Laid and collected by Congress
Ratification
Articles: Unanimous consent required
Constitution: Consent of nine states required