Articles of Confederation

First page of Articles of Confederation

The Articles of Confederation was the first constitution, of the United States of America. The new nation had been formed on July 4, 1776, but its government (called "the United States in Congress assembled") operated until 1781 without a written constitution. The Articles were written in summer 1777 and adopted by the Second Continental Congress on November 15, 1777 after a year of debate. In practice the unratified Articles were used by the members of Congress as the de facto system of government until it became de jure by final ratification on March 1, 1781.

The Articles set the rules for operations of the United States government. The new nation was capable of making war, negotiating diplomatic agreements, and resolving issues regarding the western territories; it could print money and borrow inside and outside the US. One major weakness was it lacked taxing authority; it had to request funds from the states. A second weakness was one-state, one-vote. The larger states were expected to contribute more but had only one vote. As Benjamin Franklin complained, "Let the smaller Colonies give equal money and men, and then have an equal vote. But if they have an equal vote without bearing equal burdens, a confederation upon such iniquitous principles will never last long." The Articles created a weak national government designed to manage the American Revolution. When the war ended in 1783, its many inadequacies became glaringly obvious, and national leaders such as George Washington and Alexander Hamilton called for a new charter. The Articles were replaced by the much stronger United States Constitution, which was ratified by all 13 states and went into effect with the inauguration of the first President, George Washington, in 1789 in New York City.

Draft

The Articles of Confederation were proposed by a committee headed by John Dickinson during the Second Continental Congress, on 12 July, 1776. The proposal carried over into the Third Continental Congress. The Congress debated the original proposal over the course of meeting during 1777, and finalized the Articles on 15 November, 1777.

Confederation

The Articles of Confederation created a federal government - a government whereby the member states are soverign in their own sphere and delegate certain powers to the national government. For example, Article 3 of the Articles locks the states into a mutual defense treaty, promising troops from all states to help repel invasion of any state from outside. Article 2, however, makes it clear that the states retain all powers not expressly granted to the national government.

Article 1

Article 1 of the Articles of Confederation confirms the name of the new nation as "The United States of America." The name forst appeared in the Declaration of Independence, which created the nation.

Article 2

Article 2 affirms that each state is a sovereign and independent state and retains all powers not granted to the Congress.

Article 3

Article 3 affirms a "league of friendship," and binds all states into a common defense pact.

Article 4

Article 4 ensures that when a citizen of one state travels in or through another state, the person shall enjoy all the rights of the citizens of the state he or she is traveling through. It also ensures free travel between the states. It requires a state to hand over a fugitive from justice who has fled to that state. Finally, it requires that full faith and credit by given to the records and acts of one state by all other states.

Most of the provisions of Article 4 were carried over into the Constitution in its Article 4

Article 5

Article 5 of the Articles of Confederation establishes the Congress, a unicameral legislature known officially as the "The United States in Congress Assembled". Each state legislature chose its congressional delegates and was free to send from two to seven members. Delegates had a term limit of no more than three years every six years. When a vote came to the floor of the Congress, each state's delegates would meet to determine the state's vote - states voted as states, individual members of Congress did not vote as individuals.

Article 5 guarantees freedom of speech in the Congress, and provides immunity to all members of Congress for whatever is spoken in Congress. Additionally, Article 5 provides that all members of Congress be free from arrest while traveling to and from Congress.

Article 6

Article 6 of the Articles of Confederation places limits on the states. Specifically:

• no state can enter into a treaty without the consent of Congress
• no state can grant a title of nobility (nor shall Congress)
• no vessels of war may be kept in peacetime, except that number determined by Congress necessary for defense
• no state may engage in a war except on the authorization of Congress, unless invaded or in danger of invasion

Article 7

Article 7 of the Articles of Confederation ensures that all military officers of the state militias, at the rank of colonel or below, will be appointed by the state legislature.

Article 8

Article 8 of the Articles of Confederation directs that any expenses of the United States will be paid out of a common treasury, with deposits made to the treasury by the states in proportion to the value of the land and buildings in the state.

The inability of the Congress to force the states to pay this levy was one of the major weaknesses of the Articles of Confederation.

Article 9

Article 9 of the Articles of Confederation lists the powers of the Congress. For example:

• the power to declare war and peace
• the power to send and receive ambassadors
• the power to make treaties
• the power to grant letters of marque
• the power to regulate the currency of the Unites States and the individual states
• the power to fix standards and measures
• the power to establish post offices
• the power to make rules for land and naval forces
• the power to borrow money on the behalf of the United States
• the power to build and equip a navy
• the power to determine the size of an army and to requisition troops from each state to fill the need
• the power to arm, equip, and clothe the members of the army

Article 9 also makes Congress the final court of appeal for disputes between states. All decisions of the Congress must be made by majority vote of the states.

Additionally, Article 9 establishes "A Committee of the States," which takes the place of the full Congress when it is not in session. This committee is made up of one member of Congress from each state.

Article 9 also directed Congress to choose one of its number to be presiding officer (to be chosen for one year, and with a service limit of one year out of three). This person, often referred to as "President," had a role much akin to the Speaker of the House of the House of Representatives under the Constitution.

The Congress must meet at least once a year, and may adjourn at any time, though never for more than six months at a time. Article 9 requires Congress publish its proceedings and the results of all votes taken.

Article 10

Article 10 of the Articles of Confederation allows the Committee of the States, or any nine individual states, to make decisions for the United States when Congress is in adjournment.

Article 11

Article 11 of the Articles of Confederation invites Canada to join the United States as a new state, at any time. Other new states, however, must be approved by the vote of nine existing states.

Article 12

Article 12 of the Articles of Confederation ensures that all debt incurred by the Continental Congresses assembled before the Articles goes into effect will be valid and binding on the United States.

Article 13

Article 13 of the Articles of Confederation requires the states to be held to the decisions of Congress; it notes that the union is perpetual; and that any changes to the Articles must be agreed upon by Congress and all states.

Signatories

The signers were:

Connecticut

• Roger Sherman
• Samuel Huntington
• Oliver Wolcott
• Titus Hosmer
• Andrew Adams

Delaware

• Thomas McKean 02/12/1779
• John Dickinson 05/05/1779
• Nicholas Van Dyke

Georgia

• John Walton 07/24/1778
• Edward Telfair
• Edward Langworthy

Maryland

• John Hanson 03/01/1781
• Daniel Carroll

Massachusetts

• John Hancock
• Samuel Adams
• Elbridge Gerry
• Francis Dana
• James Lovell
• Samuel Holten

New Hampshire

• Josiah Bartlett
• John Wentworth Jr. 08/08/1778

New Jersey

• John Witherspoon 11/26/1778
• Nathaniel Scudder 11/26/1778

New York

• James Duane
• Francis Lewis
• William Duer
• Gouverneur Morris

North Carolina

• John Penn 07/21/1778
• Cornelius Harnett
• John Williams

Pennsylvania

• Robert Morris
• Daniel Roberdeau
• John Bayard Smith
• William Clingan
• Joseph Reed 07/22/1778

Rhode Island

• William Ellery
• Henry Marchant
• John Collins

South Carolina

• Henry Laurens
• William Henry Drayton
• John Mathews
• Richard Hutson
• Thomas Heyward Jr.

Virginia

• Richard Henry Lee
• John Banister
• Thomas Adams
• John Harvie
• Francis Lightfoot Lee

Replacement

The Articles were in effect until the the Constitution was ratified and the first Congress met in 1789.

Presiding Officers of the Congress

Notably, the Articles of Confederation did not create an executive nor a national judiciary. Aside from Congress's role as final judge of disputes between states, all judicial powers remained with the states. The Committee of the States held a quasi-executive role, in that it could make decisions for the nation when the Congress was not in session. The Articles also created the office of Presiding Officer of the United States in Congress Assembled.

This office was often shortened and referred to as "President," though the "President of the United States in Congress Assembled" under the Articles was a minor figure compared to the "President of the United States of American" under the Constitution. The men elected to the office of Presiding Officer of Congress were:

• Samuel Huntington (03/02/1781 - 07/06/1781)
• Thomas McKean (07/07/1781 - 11/04/1781)
• John Hanson (11/05/1781 - 11/03/1782)
• Elias Boudinot (11/04/1782 - 11/02/1783)
• Thomas Mifflin (11/03/1783 - 11/29/1784)
• Richard Henry Lee (11/30/1784 - 11/22/1785)
• John Hancock (11/23/1785 - 06/05/1786)
• Nathaniel Gorham (06/06/1786 - 02/01/1787)
• Arthur St. Clair (02/02/1787 - 01/21/1788)
• Cyrus Griffin (01/22/1788 - 04/30/1789)

Note: Huntington was the presiding officer of the Continental Congress when the Articles were finally ratified. He resigned due to ill health and McKean was selected to replace him. Hanson was the first person specifically selected to be the presiding officer of the United States in Congress Assembled.

Bibliography

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• Brown, Roger H. Redeeming the Republic: Federalists, Taxation, and the Origins of the Constitution (1993)
• Burnett, Edmund Cody. The Continental Congress: A Definitive History of the Continental Congress From Its Inception in 1774 to March, 1789 (1941)
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• Greene, Jack P., and J. R. Pole eds. The Blackwell Encyclopedia of the American Revolution, (1991),
• Hoffert, Robert W. A Politics of Tensions: The Articles of Confederation and American Political Ideas (1992).
• Holton, Woody. "Did Democracy Cause the Recession That Led to the Constitution?" Journal of American History 2005 92(2): 442-469. Issn: 0021-8723 Fulltext: in History Cooperative and Ebsco
• Horgan, Lucille E. Forged in War: The Continental Congress and the Origin of Military Supply and Acquisition Policy (2002)
• Jensen, Merrill. The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781 (1959).
• Jensen, Merrill. "The Idea of a National Government During the American Revolution", Political Science Quarterly, 58 (1943), 356-79. online at JSTOR
• Jillson, Calvin, and Rick K. Wilson. Congressional Dynamics: Structure, Coordination, and Choice in the First American Congress, 1774-1789. (1994)
• Mclaughlin, Andrew C. A Constitutional History of the United States (1935) online version
• Maier, Pauline. American Scripture: Making the Declaration of Independence (1998).
• Main, Jackson T. Political Parties before the Constitution. University of North Carolina Press, 1974

Richard B. Morris, The Forging of the Union, 1781–1789 (New York, 1987), 133–37;

• McDonald, Forrest. Novus Ordo Seclorum: The Intellectual Origins of the Constitution (1985)
• Rakove, Jack N. The Beginnings of National Politics: An Interpretive History of the Continental Congress (1982).
• Rakove, Jack N. “The Collapse of the Articles of Confederation,” in The American Founding: Essays on the Formation of the Constitution. Ed by J. Jackson Barlow, Leonard W. Levy and Ken Masugi. Greenwood Press. 1988. Pp 225-45 online edition

External Links

The Articles of Confederation