Chapter 1.0. Before the Constitution: Introduction to the Articles of Confederation, 1777-89
The earliest independent consultative body that performed some of the functions of collective governance for the colonies may be traced back as far as the Stamp Act Congress of 1765, but it only met briefly and then disbanded. More regular meetings of delegates from most of the colonies began with the First Continental Congress in the fall of 1774, which became effectively continuous with the Second Continental Congress in 1775. These meetings were, however, conducted without any formal agreement as to what power, if any, the body of delegates had. The early United States first established a formally agreed-upon central authority with the Articles of Confederation, passed by the Continental Congress in 1777 and finally ratified by all thirteen states in 1781. The summary of the history of the Articles that follows is adapted from the National Archives website “America’s Historical Documents,” on the page for the Articles of Confederation.
The First U.S. Constitution
The Lee Resolution, June, 1776. Acting under the instruction of the Virginia Convention, Richard Henry Lee on June 7, 1776, introduced a resolution in the Second Continental Congress proposing independence for the colonies. Lee called for Congress to take three steps, and on June 11, 1776, Congress responded by appointing three committees: one to draft a declaration of independence, a second to draw up a plan “for forming foreign alliances,” and a third to “prepare and digest the form of a confederation.”
Because many members of the Congress wanted instructions from their colonies before voting, approval was deferred until July 2. On that date, Congress adopted the first part (the declaration). The plan for making treaties was not approved until September of 1776; the plan of confederation was delayed until November of 1777.
The Dickinson Draft, July, 1776. With John Dickinson, a delegate from Delaware (which had been part of Pennsylvania), as the principal writer, the committee worked quickly and by July 12 had submitted a draft of the Articles of Confederation to Congress. It created a strong federal government, in which representation in Congress was based on population. However, many delegates took issue with this and other aspects of this draft and debate continued for more than a year.
The Articles of Confederation Adopted by Congress, Nov., 1777. After considerable debate and alteration, the Articles of Confederation were adopted by Congress on November 15, 1777, which then recommended the document to the states for ratification. In the final version, in contrast to the Dickinson draft, each state retained “every Power…which is not by this confederation expressly delegated to the United States” (Article II), and each state had one vote in Congress (Article V). Instead of forming the strong national government envisioned by Dickinson, the states entered into “…a firm league of friendship with each other” (Article III).
Signing and Ratification, 1778-81. Because the text recommended to the states had not yet been signed, after the process of state ratification had advanced Congress re-issued the Articles, now with a final signing paragraph, on July 9, 1778. By then eight states had ratified, and by Feb., 1779, twelve states had. But Maryland held out until it had been assured that Virginia and other states that had claims to western lands beyond the Appalachian Mountains would cede these claims to the federal government. Maryland finally ratified in Feb., 1781, which its delegates to Congress in Philadelphia confirmed in March, 1781.
The Articles in Effect, 1781-89. Although Congress had been operating under the rules of the Articles since 1777, this only became fully legal in 1781 after all thirteen states had ratified them. It was at this point that the Continental Congress was officially replaced by the Congress of the Confederation. The Articles served as the United States’ first constitution, and was in force from March 1, 1781, until March, 1789, when the present Constitution went into effect.