Articles of Confederation

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The Articles of Confederation are the first framework for a government approved for the United States. They were proposed in 1777, while the Revolutionary War was being fought. They were ratified by the 13 states in 1781.

Proposal

The Articles of Confederation were proposed by a committee headed by John Dickinson during the Second Continental Congress, on July 12, 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 November 15, 1777. The Articles officially changed the designation of the rebellious colonies to states, and officially named the new nation "The United States of America."

Confederation

The Articles of Confederation created a confederal government - a government whereby the member states are independent nations joined by an umbrella government responsible for certain powers of common interest. 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 established the name of the new nation as "The United States of America."

Article 2

Article 2 of the Articles of Confederation notes that each state is a sovereign and independent state and retains all powers not granted to the Congress.

Article 3

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

Article 4

Article 4 of the Articles of Confederation 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, known officially as the "The United States in Congress Assembled". Each state legislature chose its delegates and was free to send from two to seven members. Delegates has 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 votes as states, not as individual members of Congress.

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

Following is a list of all of the signers of the Articles of Confederation. When there is no date listed for the signing, the date of signing was July 9, 1878.

Connecticut

Delaware

Georgia

Maryland

Massachusetts

New Hampshire

New Jersey

New York

North Carolina

Pennsylvania

Rhode Island

South Carolina

Virginia

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 of America under the Articles is no comparison to the President of the United States of American under the Constitution. Below is a list of all members of Congress elected to the office of Presiding Officer of Congress:

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.

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