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Articles of Confederation

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Articles of Confederation

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 Hall 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.

While waiting for all states to ratify the Articles, the Congress observed them as it conducted business during the American Revolution, directing the Revolutionary War effort, conducting diplomacy with foreign states, addressing territorial issues, and dealing with Native American relations. Little changed procedurally once the Articles of Confederation went into effect, since their ratification mostly codified laws already in existence and procedures the Continental Congress had already been following. The body was renamed the Congress of the Confederation, but most Americans continued to call it the Continental Congress, since its organization remained the same.

As the Confederation Congress attempted to govern the continually growing 13 colonial states, its delegates discovered that the limitations on the central government, such as in assembling delegates, raising funds, and regulating commerce, limited its ability to do so. As the government's weaknesses became apparent, especially after Shays's Rebellion, Alexander Hamilton and a few other prominent political thinkers in the fledgling union began asking for changes to the Articles that would strengthen the powers afforded to the central government.

In September 1786, some states met to address interstate protectionist trade barriers between them. Shortly thereafter, as more states became interested in meeting to revise the Articles, a gathering was set in Philadelphia on May 25, 1787. This became the Constitutional Convention. Delegates quickly agreed that the defects of the frame of government could not be remedied by altering the Articles, and so went beyond their mandate by authoring a new constitution and sent it to the states for ratification. After significant ratification debates in each state and across the nation, on March 4, 1789, the government under the Articles was replaced with the federal government under the Constitution. The new Constitution provided for a much stronger federal government by establishing a chief executive (the president), national courts, and taxation authority.

The political push to increase cooperation among the then-loyal colonies began with the Albany Congress in 1754 and Benjamin Franklin's proposed Albany Plan, an inter-colonial collaboration to help solve mutual local problems. Over the next two decades, some of the basic concepts it addressed would strengthen; others would weaken, especially in the degree of loyalty (or lack thereof) owed the Crown. Colonists' civil disobedience resulted in the British enacting coercive and quelling measures, such as the passage of what colonists called the Intolerable Acts in the British Parliament, and armed skirmishes which resulted in dissidents being proclaimed rebels. These actions eroded the number of colonists continuing to be Loyalists to the Crown. Together with the highly effective propaganda campaign of the Patriot leaders, they caused an increasing number of colonists to begin agitating for independence from the mother country. In 1775, with events outpacing communications, the Second Continental Congress began acting as the provisional government for the United Colonies.

It was an era of constitution writing, with most states actively engaged in drafting their own frameworks of governance. National leaders believed that the new nation required a written constitution a "rulebook" outlining how it should function. During the war, Congress exercised an unprecedented level of political, diplomatic, military, and economic authority. It imposed trade restrictions, established and maintained an army, issued fiat currency, enacted a military code, and conducted negotiations with foreign governments.

To transform themselves from outlaws into a legitimate nation, the colonists needed international recognition for their cause and foreign allies to support it. In early 1776, Thomas Paine argued in the closing pages of the first edition of Common Sense that the "custom of nations" demanded a formal declaration of American independence if any European power were to mediate a peace between the Americans and Great Britain. The monarchies of France and Spain, in particular, could not be expected to aid those they considered rebels against another legitimate monarch. Foreign courts needed to have American grievances laid before them persuasively in a "manifesto" which could also reassure them that the Americans would be reliable trading partners. Without such a declaration, Paine concluded, "[t]he custom of all courts is against us, and will be so, until, by an independence, we take rank with other nations."

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