Eleanor Finch
The United States Constitution is a document that sets out the foundation of the US government, including its purpose and structure. The Continental Congress created a committee to draft the document in 1776, and the Articles of Confederation were adopted by the Continental Congress on November 15, 1777, serving as the United States' first constitution. The Articles of Confederation were in force from March 1, 1781, until 1789, when the present-day Constitution went into effect. The current Constitution was adopted on September 17, 1787, and has been amended several times since then, including the addition of the Bill of Rights, which defines citizens' and states' rights in relation to the government.
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What You'll Learn
The Articles of Confederation
The need for a declaration of independence was linked with the demands of international relations. On June 7, 1776, Richard Henry Lee introduced a resolution before the Continental Congress, declaring the colonies independent and urging Congress to prepare a plan of confederation for the newly independent states. The plan for "Articles of Confederation and Perpetual Union" was drawn up by Benjamin Franklin and introduced before Congress on July 21. However, it was initially tabled due to strong opposition from many delegates.
The final draft of the Articles of Confederation was completed on November 15, 1777, and submitted to the states for ratification in late November 1777. The document established a league of friendship for the 13 sovereign and independent states, with each state retaining sovereignty over all governmental functions not specifically relinquished to the national Congress. The Congress was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and resolve disputes between the states. However, it lacked enforcement powers, could not regulate commerce, and could not print money.
Ratification by all 13 states was necessary to set the Confederation into motion. Virginia was the first state to ratify on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the lone holdout, refusing to go along until the other states ceded their claims to lands west of the Ohio River. On February 2, 1781, Maryland finally ratified the Articles, and Congress was informed of its assent on March 1, officially proclaiming the Articles of Confederation to be the law of the land.
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The Continental Congress
The First Continental Congress was convened in Philadelphia in 1774 in response to escalating tensions between the colonies and the British, which culminated in the passage of the Intolerable Acts by the British Parliament. The Congress met for about six weeks, mainly to repair the relationship between Britain and the colonies while asserting the rights of colonists. It also proclaimed and passed the Continental Association, a unified trade embargo against Britain, and successfully built consensus for the establishment of a second congress. The delegates to the First Continental Congress included future luminaries such as future presidents John Adams of Massachusetts and George Washington of Virginia, and future U.S. Supreme Court Chief Justice and diplomat John Jay of New York.
The Second Continental Congress served as the provisional government of the U.S. during most of the Revolutionary War. It convened in 1775, soon after hostilities broke out in Massachusetts. It sent the Olive Branch Petition to King George III, established the Continental Army, and elected George Washington as commander of the new army. The Second Continental Congress took the momentous step of declaring America's independence from Britain in 1776.
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The United States' first constitution
The Articles of Confederation created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The Congress, called the "Congress of the Confederation" under the Articles, was a unicameral body where each state had one vote. The Articles provided for the annual appointment of delegates to the Congress, for the recall of delegates, and for the minimum and maximum number of delegates that would make up each state’s delegation. The Articles also provided for term limits for delegates and granted them protection from arrest for activities arising from their official duties under a Speech and Debate Clause.
The Articles envisioned a level of comity between the states, stating that “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.” Citizens were also allowed the right to freely move with their property between the states. The Articles provided that Congress had sole jurisdiction in matters of boundary disputes between states and, as part of the war powers, it was given the power to create courts to determine cases related to the capture of enemy commercial vessels on the high seas.
The Articles of Confederation were replaced by the present-day Constitution of the United States, which was adopted by the Constitutional Convention on September 17, 1787. The Constitution set up the foundation of the U.S. government, including its purpose and structure, and it remains in effect today with 27 amendments.
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The Bill of Rights
The first ten amendments to the Constitution make up the Bill of Rights. James Madison wrote the amendments as a solution to limit government power and protect individual liberties through the Constitution. The First Amendment protects the freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The Second Amendment states that a well-regulated militia is necessary for the security of a free state, and the right of the people to keep and bear arms shall not be infringed. The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes, and the Fourth Amendment bars the government from unreasonable search and seizure without a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, no double jeopardy, no self-incrimination, and no taking of property without just compensation. It also guarantees the right to due process of law. The Sixth Amendment provides additional protections for those accused, such as the right to a speedy and public trial and an impartial jury.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth Amendment says that the Federal Government only has the powers delegated to it in the Constitution, and any powers not delegated are reserved for the states or the people.
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The Declaration of Independence
The Declaration justifies the independence of the United States by listing 27 colonial grievances against King George III and asserting certain natural and legal rights, including the right of revolution. It was unanimously ratified by Congress and issued in several forms, including the printed Dunlap broadside, which was widely distributed. The Declaration was first read to the public simultaneously at noon on July 8, 1776, in three exclusively designated locations: Easton, Pennsylvania; Philadelphia; and Trenton, New Jersey.
The best-known version of the Declaration is the signed copy displayed at the National Archives in Washington, D.C., regarded as the official document. The document has been treasured by many Americans, as evidenced by its years of public display, which have caused it to fade and wear. The Declaration of Independence, along with the Constitution and the Bill of Rights, are considered instrumental to the founding and philosophy of the United States.
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Frequently asked questions
The Articles of Confederation, which was adopted by the Continental Congress on November 15, 1777, was the United States' first constitution.
John Dickinson, a delegate from Delaware, was the principal writer of the Articles of Confederation.
The Articles of Confederation created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments.
The Articles of Confederation came into effect on March 1, 1781, and remained in force until 1789 when the present-day Constitution went into effect.
The Articles of Confederation served as the first constitution of the United States, providing a framework for a national government during the War of Independence. It established the United States of America as a confederation of states, with power centered in the Congress.
