November 15, 1777: Articles of Confederation
Wikipedia
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies, which served as the nation's first frame of government during the American Revolution. It was debated by the Second Continental Congress at present-day Independence all in Philadelphia between July 1776 and November 1777, was finalized by the Congress on November 15, 1777, and came into force on March 1, 1781, after being ratified by all 13 colonial states.
A central and guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the original 13 states. The Articles consciously established a weak confederal government, affording it only those powers the former colonies recognized as belonging to the British Crown and Parliament during the colonial era. The document provided clearly written rules for how the states' league of friendship, known as the Perpetual Union, was to be organized.
DRAFTING
On June 12, 1776, a day after appointing the Committee of Five to prepare a draft of the Declaration of Independence, the Second Continental Congress resolved to appoint a committee of 13 with one representative from each colony to prepare a draft of a constitution for a union of the states.
The committee met frequently, and chairman John Dickinson presented their results to the Congress on July 12, 1776. Afterward, there were long debates on such issues as state sovereignty, the exact powers to be given to Congress, whether to have a judiciary, western land claims, and voting procedures. To further complicate work on the constitution, Congress was forced to leave Philadelphia twice, for Baltimore, Maryland, in the winter of 1776, and later for Lancaster and then York, Pennsylvania, in the fall of 1777, to evade advancing British troops. Even so, the committee continued with its work.
The final draft of the Articles of Confederation and Perpetual Union was completed on November 15, 1777. Consensus was achieved by including language guaranteeing that each state retained its sovereignty, leaving the matter of western land claims in the hands of the individual states, including language stating that votes in Congress would be en bloc by state, and establishing a unicameral legislature with limited and clearly delineated powers.
RATIFICATION
The Articles of Confederation was submitted to the states for ratification in late November 1777. The first state to ratify was Virginia on December 16, 1777; 12 states had ratified the Articles by February 1779, 14 months into the process. The lone holdout, Maryland, refused to go along until the landed states, especially Virginia, had indicated they were prepared to cede their claims west of the Ohio River to the Union. It would be two years before the Maryland General Assembly became satisfied that the various states would follow through, and voted to ratify.
During this time, Congress observed the Articles as its de facto frame of government. Maryland finally ratified the Articles on February 2, 1781. Congress was informed of Maryland's assent on March 1, and officially proclaimed the Articles of Confederation to be the law of the land.
ARTICLE SUMMARIES
The Articles of Confederation contain a preamble, thirteen articles, a conclusion, and a signatory section. The individual articles set the rules for current and future operations of the confederation's central government. Under the Articles, the states retained sovereignty over all governmental functions not specifically relinquished to the national Congress, which was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and to resolve disputes between the states. The document also stipulates that its provisions "shall be inviolably observed by every state" and that "the Union shall be perpetual". Briefly, these are some of the main provisions:
- This confederacy shall be “The United States of America.”
- Each state shall be sovereign, except for specific powers granted to the confederation
- The purpose of the confederation is to join together for common defense (against internal or external threats)
- Security of liberties
- Establishment of freedom of movement and equal rights among and between states
- allocation of delegates
- Centralized power to declare war and conduct foreign relations
- Establishment of system to fund central government
- Established powers and function of the Congress and appointment of commissioners
- Regulation of the post offices, military officers and armed forces
- Established the term of president
- Regulated the powers and function of Congress while in recess
- Affirmed the payment of debts incurred prior to the Articles
- Perpetuates the Articles upon ratification
REVISION AND REPLACEMENT
The Articles were a sufficient beginning. When the American Revolution was winding to a conclusion, a more flexible and comprehensive constitution was needed.
In September 1786, delegates from five states met at what became known as the Annapolis Convention to discuss the need for reversing the protectionist interstate trade barriers that each state had erected. At its conclusion, delegates voted to invite all states to a larger convention to be held in Philadelphia in 1787. The Confederation Congress later endorsed this convention "for the sole and express purpose of revising the Articles of Confederation". Although the states' representatives to the Constitutional Convention in Philadelphia were only authorized to amend the Articles, delegates held secret, closed-door sessions and wrote a new constitution. The new frame of government gave much more power to the central government, but characterization of the result is disputed. The general goal of the authors was to get close to a republic as defined by the philosophers of the Age of Enlightenment, while trying to address the many difficulties of the interstate relationships.
On July 3, 1788, the Congress received New Hampshire's all-important ninth ratification of the proposed Constitution, thus, according to its terms, establishing it as the new framework of governance for the ratifying states. The following day delegates considered a bill to admit Kentucky into the Union as a sovereign state. The discussion ended with Congress making the determination that, in light of this development, it would be "unadvisable" to admit Kentucky into the Union, as it could do so "under the Articles of Confederation" only, but not "under the Constitution."
By the end of July 1788, 11 of the 13 states had ratified the new Constitution. Congress continued to convene under the Articles with a quorum until October. On Saturday, September 13, 1788, the Confederation Congress voted the resolve to implement the new Constitution, and on Monday, September 15 published an announcement that the new Constitution had been ratified by the necessary nine states, set the first Wednesday in January 1789 for appointing electors, set the first Wednesday in February 1789 for the presidential electors to meet and vote for a new president, and set the first Wednesday of March 1789 as the day "for commencing proceedings" under the new Constitution. On that same September 13, it determined that New York would remain the national capital.
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