Articles of Confederation Funny Articles of Confederation Sayings
Articles of Confederation | Quotes
1.
The Stile of this Confederacy shall be "The United States of America."
Continental Congress
The word stile is an archaic term for the word title. Notably, the document's opening words refer to a Confederacy rather than a nation or country. The root of the word confederacy is the Latin noun foedus, meaning "league" or "treaty." Though the colonies had come together to fight the British, the idea that all of the states would be joined together by a central government was just taking shape. The phrase "The United States of America," referring to the 13 united colonies, also appears at the beginning of the final paragraph of the Declaration of Independence, which was written in 1776 and formally declared in July 1776, the same month the Articles of Confederation were first drafted. On September 9, 1776, the Continental Congress changed the name officially from the unofficial "United Colonies" to "The United States of America."
2.
Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States ...
Continental Congress
The independence and rights of the states figure prominently at the outset of the articles. In the Constitution this idea made its way into the Bill of Rights as the 10th Amendment, which reserves certain privileges to the states. At the time of the document the 13 states were just developing an American identity and were fighting against a powerful central government in England. Providing for state sovereignty was necessary in order to get all states to agree to uniting under one government.
3.
The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare.
Continental Congress
The articles reflect the Continental Congress's notion of the proper function of government, which is primarily to protect the people and their liberties. The people, in turn, agree to be governed, as the states agree to "enter into a firm league of friendship." The notion that people agree to be governed by a system that protects their security and liberties was a new idea formed by Enlightenment (17th–18th centuries) philosophers, who were widely read and admired by several members of the Continental Congress. The three main purposes for forming a union between the states specified in Article 3 also made their way, in a modified form, into the preamble of the Constitution, which was drafted in 1787—that is, "[To] provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty."
4.
The free inhabitants of each of these States ... shall be entitled to all privileges and immunities of free citizens in the several States.
Continental Congress
The Continental Congress included this "reciprocity clause" because ensuring the rights of citizens in every state was vitally important to creating a unified government. However, these rights are limited to nonslave residents. This declaration of reciprocity and unimpeded movement from one state to another is qualified by the use of the word free. Like the Constitution, the Articles of Confederation never mention the word slavery explicitly. The language in Article 4 implies it by containing stern references to paupers, vagabonds, fugitives from justice, and property.
5.
If any person guilty of, or charged with, treason, felony, or other high misdemeanor ... shall flee from justice ... he shall, upon demand ... be delivered up and removed to the State having jurisdiction.
Continental Congress
In order to create a unified country, the Continental Congress needed to ensure that states would comply with one another on important matters such as criminal law. This "extradition clause" functions as the flip side of the"reciprocity clause."As with many provisions in the articles, it is important to bear in mind that the states, in the 1770s and 1780s, still considered themselves more as separate entities than as part of a common endeavor.
6.
For the most convenient management ... delegates shall be annually appointed in such manner as the legislatures of each State shall direct.
Continental Congress
After establishing the preliminary matters of Articles 1–4, the Continental Congress specified how the national legislature would function. The first notable feature is that Congress is to consist of appointed, rather than elected, representatives from the states. Providing state governments with representation in the national legislature was of utmost importance to the Continental Congress. The 13 colonies fought the war for independence in large part because they had no representation in the British Parliament and thus no ability to influence policies that affected them. However, members of the Continental Congress were not yet open to a legislative system in which the people had direct election of members of Congress. This discomfort with direct elections would be reflected again in the Constitution, which established that only members of the House of Representatives would be elected by the people. Senators were appointed by state legislatures until the 17th Amendment was ratified in 1913.
7.
No State shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years.
Continental Congress
Wary of entrenched power, members of the Continental Congress established term limits on delegates to the legislature. The Congress also gave the state legislatures the authority to choose how many delegates to send, once again investing a great deal of power in the states. These stipulations strongly contrast with the arrangements within the later Constitution, which lays out guidelines for proportional representation in the House of Representatives and does not provide for term limits.
8.
In determining questions in the United States in Congress assembled, each State shall have one vote.
Continental Congress
The provision that each state would get only one vote in Congress is probably one of the most notorious and problematic clauses in the articles. This clause awarded Rhode Island the same weight in Congress as Virginia, which was more than 10 times more populous. States with larger populations opposed the arrangement. Their opposition would lead to the creation of a bicameral Congress under the Constitution, with equal representation in the Senate but proportional representation in the House of Representatives.
9.
No State, without the consent of the United States in Congress ... shall send any embassy to ... any King, Prince, or State ... No two or more States shall enter into any treaty ... without the consent of the United States in Congress.
Continental Congress
Article 6 deals mainly with limitations on state power, which are noteworthy because the articles generally favor limiting national power and enabling state power. Here the authors focus on limiting the types of external and internal actions that would allow the states to interfere with the central government's actions or function as though they are individual countries conducting their own foreign affairs.
10.
All charges of war, and all other expenses that shall be incurred for the common defense or general welfare ... shall be defrayed out of a common treasury.
Continental Congress
The articles establish that the national government will pay war debts. Like the one-state one-vote provision in Article 5, this provision proved seriously impractical. The articles gave Congress no means of enforcement or direct taxation power. States routinely ignored requests for funds, and Congress had no legal means to challenge them. Consequently, debts from the Revolutionary War went unpaid.
11.
The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war.
Continental Congress
Like the later Constitution, in Article 1, Section 8, the articles give Congress the power to declare war. However, under the articles a declaration of war must be approved by nine states. This requirement curtailed the power of the national government and gave the states authority over this aspect of national defense. To strengthen the national government, the founders later gave Congress the sole authority to declare war in the Constitution.
12.
The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences ... between two or more States.
Continental Congress
The articles provide states with the authority to resolve their disputes with one another themselves. The elaborate procedure specified here for resolving interstate disputes implies that Congress anticipated no small number of such conflicts. The later Constitution gives authority for resolving such disputes to the Supreme Court, in Article 3, Section 2. In the Articles of Confederation there is no provision for a judicial branch of government.
13.
The United States in Congress assembled shall never engage in a war ... nor coin money ... nor borrow money ... nor appoint a commander in chief of the army or navy, unless nine States assent to the same.
Continental Congress
The articles required approval by nine states before Congress used a number of national powers, once again providing the states with a great deal of authority over the federal government. Doing so slowed legislation and actions by the national government significantly. This provision was a major factor in the Articles of Confederation's failure once they were finally ratified.
14.
No other colony shall be admitted into [this Confederation], unless such admission be agreed to by nine States.
Continental Congress
Like so many of Congress's other decisions, even the admission of new states required more than a two-thirds majority of votes. The states then had the authority to approve expansion of the union, an authority that allowed them to influence the balance of power in Congress.
15.
Nor shall any alteration at any time hereafter be made ... unless such alteration be agreed to in a Congress of the United states, and be afterwards confirmed by the legislatures of every State.
Continental Congress
The articles established that every state must agree to an amendment to the articles. This provision made amendments to the articles virtually impossible, considering the independent, regional mentality of the 13 states. The founders later established that only three-quarters of state legislatures had to ratify an amendment to the Constitution, allowing the Constitution to be a less rigid document than the Articles of Confederation.
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