Articles of Confederation (1777)

Overview

• Adopted by the Continental Congress on November 15, 1777.
• First constitution of the United States.
• In effect from March 1, 1781, until 1789.
• Established a "league of friendship" among the 13 states.
• Each state retained sovereignty, independence, and powers not expressly delegated to the United States.

Historical Context

• Drafted after the Lee Resolution proposed independence.
• The Second Continental Congress formed a committee with representatives from each colony.
• John Dickinson of Delaware was the principal writer.
• Ratification required approval from all 13 states.
• Delayed due to disputes over representation, voting, and western land claims.
• Maryland ratified it on March 1, 1781, finalizing its adoption.

Structure and Provisions

Article I: Naming

• The confederation was named "The United States of America."

Article II: State Sovereignty

• States retained sovereignty, freedom, independence, and powers not delegated to the U.S.

Article III: League of Friendship

• States entered into a mutual agreement for defense and welfare.

Article IV: Rights and Privileges

• Free inhabitants entitled to privileges of free citizens across states.
• Extradition process for criminals.
• Full faith and credit to public acts and judicial proceedings across states.

Article V: Congressional Representation

• Annual meeting of delegates in Congress.
• Each state had one vote regardless of size.
• Delegates protected from arrest except for serious crimes.

Article VI: Restrictions on States

• States couldn't form treaties or alliances without Congress.
• Restrictions on warships and standing armies.

Article VII: Military

• State control over military officers below colonel.

Article VIII: Common Treasury

• States contribute to a common treasury based on land value.

Article IX: Powers of Congress

• Sole power over foreign affairs, war, and trade.
• Establish courts for piracy and disputes between states.

Article X: Committee of States

• Committee to manage affairs during Congress recess.

Article XI: Admission of Canada

• Allowed Canada to join the confederation.

Article XII: Debts and Obligations

• Existing debts from Congress before confederation were valid.

Article XIII: Perpetual Union

• Amendment process required unanimous consent of states.

Challenges and Impact

• Limited central government power led to economic difficulties and ineffective governance.
• Inability to regulate commerce or impose taxes weakened the government.
• Disputes over issues like territory and trade fueled calls for a stronger government.
• Led to the 1787 Constitutional Convention, replacing Articles with the U.S. Constitution.