Devoir de Philosophie

Articles of Confederation - history.

Publié le 26/05/2013

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Articles of Confederation - history. I INTRODUCTION Articles of Confederation, first constitution of the United States. The Articles were in force from March 1, 1781, to June 21, 1788, when the present Constitution of the United States went into effect. The Articles were written in 1777 during the early part of the American Revolution by a committee of the Second Continental Congress of the 13 colonies. The head of the committee, John Dickinson, presented a report on the proposed articles to the Congress on July 12, 1776, eight days after the signing of the Declaration of Independence. Dickinson initially proposed a strong central government, with control over the western lands, equal representation for the states, and the power to levy taxes. See also Public Lands: II. Acquisition of the Public Domain. Because of their experience with Great Britain, the 13 states feared a powerful central government; consequently, they changed Dickinson's proposed articles drastically before they sent them to all the states for ratification in November 1777. The Continental Congress had been careful to give the states as much independence as possible and to specify the limited functions of the federal government. Despite these precautions, several years passed before all the states ratified the articles. The delay resulted from preoccupation with the revolution and from disagreements among the states. These disagreements included quarrels over boundary lines, conflicting decisions by state courts, differing tariff laws, and trade restrictions between states. The small states wanted equal representation with the large states in Congress, and the large states were afraid they would have to pay an excessive amount of money to support the federal government. In addition, the states disagreed over control of the western territories. The states with no frontier borders wanted the government to control the sale of these territories so that all the states profited. On the other hand, the states bordering the frontier wanted to control as much land as they could. Eventually the states agreed to give control of all western lands to the federal government, paving the way for final ratification of the articles on March 1, 1781. II THE PROVISIONS OF THE ARTICLES The articles created a loose confederation of independent states that gave limited powers to a central government. The national government would consist of a single house of Congress, where each state would have one vote. Congress had the power to set up a postal department, to estimate the costs of the government and request donations from the states, to raise armed forces, and to control the development of the western territories. With the consent of nine of the thirteen states, Congress could also coin, borrow, or appropriate money as well as declare war and enter into treaties and alliances with foreign nations. There was no independent executive and no veto of legislation. Judicial proceedings in each state were to be honored by all other states. The federal government had no judicial branch, and the only judicial authority Congress had was the power to arbitrate disputes between states. Congress was denied the power to levy taxes; the new federal government was financed by donations from the states based on the value of each state's lands. Any amendment to the articles required the unanimous approval of all 13 states. III WEAKNESSES In attempting to limit the power of the central government, the Second Continental Congress created one without sufficient power to govern effectively, which led to serious national and international problems. The greatest weakness of the federal government under the Articles of Confederation was its inability to regulate trade and levy taxes. Sometimes the states refused to give the government the money it needed, and they engaged in tariff wars with one another, almost paralyzing interstate commerce. The government could not pay off the debts it had incurred during the revolution, including paying soldiers who had fought in the war and citizens who had provided supplies to the cause. Congress could not pass needed measures because they lacked the nine-state majority required to become laws. The states largely ignored Congress, which was powerless to enforce cooperation, and it was therefore unable to carry out its duties. Congress could not force the states to adhere to the terms of the Treaty of Paris of 1783 ending the American Revolution, which was humiliating to the new government, especially when some states started their own negotiations with foreign countries. In addition, the new nation was unable to defend its borders from British and Spanish encroachment because it could not pay for an army when the states would not contribute the necessary funds. Leaders like Alexander Hamilton of New York and James Madison of Virginia criticized the limits placed on the central government, and General George Washington is said to have complained that the federation was "little more than a shadow without substance." On February 21, 1787, Congress called for a Constitutional Convention to be held in May to revise the articles. Between May and September, the convention wrote the present Constitution of the United States, which retained some of the features of the Articles of Confederation but gave considerably more power to the federal government. It provided for an executive branch and allowed the government to tax its citizens. Congress also went from one house to two houses--the Senate and House of Representatives. IV TEXT OF THE ARTICLES OF CONFEDERATION TO ALL TO WHOM these Presents shall come, we the undersigned Delegates of the States affixed to our Names send gree...

« The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states,paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each stateshall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositionsand restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state,to any other state of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states,or either of them. If any Person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shallupon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state. IX ARTICLE V For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each stateshall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recall its delegates, or any of them, at any timewithin the year, and to send others in their stead, for the remainder of the Year. No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three yearsin any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receivesany salary, fees or emolument of any kind. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. In determining questions in the united states, in Congress assembled, each state shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected intheir persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace. X ARTICLE VI No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference,agreement, or alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of anypresent, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant anytitle of nobility. No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled,specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, princeor state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, forthe defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the unitedstates, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulatedand disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and aproper quantity of arms, ammunition and camp equipage. No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually invaded by enemies, or shall have receivedcertain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay, till the united states incongress assembled can be consulted: nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declarationof war by the united states in congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and undersuch regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted outfor that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled shall determine otherwise. XI ARTICLE VII When land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectivelyby whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment. XII ARTICLE VIII All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shallbe defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for anyPerson, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time totime direct and appoint.

The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the timeagreed upon by the united states in congress assembled. XIII ARTICLE IX The united states in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixtharticle—of sending and receiving ambassadors—entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of therespective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation orimportation of any species of goods or commodities whatsoever—of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in whatmanner prizes taken by land or naval forces in the service of the united states shall be divided or appropriated—of granting letters of marque and reprisal in times ofpeace—appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases ofcaptures, provided that no member of congress shall be appointed a judge of any of the said courts. The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two ormore states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.

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