Confederation

Confederation

[kuhn-fed-uh-rey-shuhn]
Confederation, Articles of, in U.S. history, ratified in 1781 and superseded by the Constitution of the United States in 1789. The imperative need for unity among the new states created by the American Revolution and the necessity of defining the relative powers of the Continental Congress and the individual states led Congress to entrust the drafting of a federal constitution to a committee headed by John Dickinson. In the Articles of Confederation submitted by the committee to the Second Continental Congress on July 12, 1776, three points provoked much argument—the apportionment of taxes according to population, the granting of one vote to each state, and the right of the federal government to dispose of public lands in the West. After several revisions were made, however, this constitution, comprising a preamble and 13 articles, was adopted by Congress on Nov. 15, 1777. In their final form, the Articles retained the vote by states, but based the apportionment of taxes on the value of buildings and land, and specified that no state should be deprived of territory for the benefit of the United States.

The Articles

The preamble and Article 1 established a perpetual union of the Thirteen Colonies under the style of the United States of America. Article 2 asserted that each state retained its sovereignty and every right not expressly delegated to the central government, while Article 3 characterized the confederation as a "league of friendship," for common defense. In Article 4, the free inhabitants of each state were granted the privileges of free citizens in all the states, extradition was provided for, and it was stipulated that full faith and credit be given the records, acts, and judicial proceedings of the courts of one state by the courts of every other state.

Article 5 provided that each state send annually not less than two nor more than seven delegates to Congress, though each state was to have only one vote. Article 6 left the conduct of war to Congress, and Article 7 empowered the state legislatures to appoint military officers up to and including the rank of colonel. Article 8 provided that the charges of war and other expenses incurred for the common defense should be defrayed out of a common treasury.

Besides placing the conduct of foreign affairs in the hands of Congress, Article 9 authorized a system of settling disputes between states, granted Congress partial control over the currency, sanctioned the establishment of post offices by Congress, and established the Committee of the States, with one delegate from each state, to sit in recess of Congress. The authority of the central government was drastically restricted by this article, which forbade Congress to engage in war, negotiate treaties or alliances, coin money, emit bills of credit, or borrow and appropriate money without obtaining the consent of a majority of the states.

Provisions for the functioning of the Committee of the States and for the possible admission of Canada were made in Articles 10 and 11. Article 12 stated that pecuniary obligations of Congress were to be deemed a charge against the United States. Article 13 stipulated that the Articles of Confederation were to be unanimously ratified by the states before going into effect and that no alteration could be made unless agreed to both by Congress and by the legislature of every state.

By 1779 all the states had ratified the Articles except Maryland, which refused its assent until states claiming territory NW of the Ohio River relinquished their claims, thus guaranteeing the equitable right of all states to the Western lands. When New York, followed by Virginia and Connecticut, offered to cede to Congress its claims to Western territory, Maryland ratified (Mar. 1, 1781) the articles.

Shortcomings

While this constitution was a contribution to the techniques of government and a step toward national unity, most American historians hold that the Articles of Confederation proved wholly unsatisfactory because of the subordinate position occupied by the central government. Congress, dependent upon the states for its funds and for the execution of its decrees, became a legislative-executive body attempting to reconcile the policies of the various states. It could not extend its jurisdiction to individuals, command respect abroad by stabilizing credit, unify foreign and domestic policies, pass navigation regulations, or enforce treaty obligations.

Because of its inherent weaknesses, the government commanded little respect, and its prestige was further diminished by its inability to cope with internal uprisings such as Shays's Rebellion. Many capable statesmen who held key posts—e.g., Robert Morris, John Jay, and Benjamin Lincoln—were thwarted by this organization of government, while others, equally able, shunned service in Congress in favor of state politics. The unanimity rule enabled one state to prevent the passage of a measure desired by all the others. Thus, New York alone blocked the establishment of a vitally important tariff.

When it became apparent that government under the Articles of Confederation was, in the words of George Washington, "little more than the shadow without the substance," agitation for a stronger federal government began. This agitation resulted in the Annapolis Convention of 1786 and the Federal Constitutional Convention of 1787, which drafted the Constitution of the United States. Perhaps the most significant event of the Confederation period was the adoption of the Ordinance of 1787 concerning the Northwest Territory.

Bibliography

See A. Nevins, The American States during and after the Revolution, 1775-1789 (1924, repr. 1971). A more favorable view of the Articles of Confederation is given in the scholarly studies of M. Jensen, The Articles of Confederation (1940, repr. 1963) and The New Nation (1950, repr. 1962). See also study by S. A. Pleasants 3d (1968).

officially Swiss Confederation

Country, central Europe. Area: 15,940 sq mi (41,284 sq km). Population (2005 est.): 7,519,000. Capitals: Bern (administrative), Lausanne (judicial). The population is German, French, and Italian. Languages: German, French, Italian, Romansh (all official, with Romansh used locally). Religions: Christianity (Roman Catholic, Protestant); also Islam. Currency: Swiss franc. Switzerland is divided into three regions: the meadow-covered Jura Mountains; the central Mittelland, a rich agricultural and urbanized area; and the lofty crags of the Alps. It is one of the world's major financial centres; its economy is based largely on international trade and banking, as well as light and heavy industries. Manufactures include watches, precision instruments, machinery, and chemicals. Tourism and agriculture are also important; products include grains, sugar beets, fruits and vegetables, dairy products, chocolate, and wine. Despite diverse ethnic groups, religions, and languages, Switzerland has maintained the world's oldest democracy for some 700 years. It is a federal state with two legislative houses; its head of state and government is the president of the federal council. The original inhabitants were the Helvetians, who were conquered by the Romans in the 1st century BC. Germanic tribes penetrated the region from the 3rd to the 6th century AD, and Muslim and Magyar raiders ventured in during the 10th century. It came under the rule of the Franks in the 9th century and the medieval empire (later the Holy Roman Empire) in the 11th century. In 1291 three cantons formed an anti-Habsburg league that became the nucleus of the Swiss Confederation. It was a centre of the Reformation, which divided the confederation and led to a period of political and religious conflict. The French organized Switzerland as the Helvetic Republic in 1798. In 1815 the Congress of Vienna recognized Swiss independence and guaranteed its neutrality. A new federal state was formed in 1848 with Bern as the capital. Switzerland remained neutral in both World War I and World War II and has continued to defend this neutrality. It joined the European Free Trade Association in 1960, but it has opted against joining the European Union. It joined the United Nations in 2002.

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(1867–71) Union of the German states north of the Main River, formed after Prussia's victory in the Seven Weeks' War. The confederation recognized the individual states' rights but was effectively controlled by Prussia, whose king served as its president and whose chancellor was Otto von Bismarck. Its constitution served as a model for that of the German Empire, with which it merged in 1871.

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or United Colonies of New England

Organization of four American colonies. In 1643 delegates from Massachusetts, Connecticut, New Haven, and Plymouth met to solve trade, boundary, and religious disputes and to form a common defense against the French, Dutch, and Indians. They drew up articles of agreement and established a directorate of eight commissioners. The confederation was weakened by its advisory status and by the 1665 merger of Connecticut and New Haven. It was active in King Philip's War but dissolved in 1684 when the Massachusetts charter was revoked.

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(1806–13) Union of all the states of Germany, except Austria and Prussia, under the aegis of Napoleon. Napoleon's primary interest in the confederation, which enabled the French to unify and dominate the country, was as a counterweight to Austria and Prussia. The confederation was abolished after Napoleon's fall from power, but the consolidation it entailed contributed to the movement for German unification.

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Early U.S. constitution (1781–89) under the government by the Continental Congress, replaced in 1787 by the U.S. Constitution. It provided for a confederation of sovereign states and gave the Congress power to regulate foreign affairs, war, and the postal service, to control Indian affairs, and to borrow money. Under the Articles, Congress settled state claims to western lands and established the Northwest Ordinances. But Congress had no power to enforce its requests to the states for money or troops, and by late 1786 the government had ceased to be effective, as was demonstrated by Shays's Rebellion (1786–87) against courts that had been enforcing seizures of property for debt. Delegates to the Annapolis Convention called a meeting of all the states to amend the Articles.

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A confederation is a group of empowered states or communities, usually created by treaty but often later adopting a common constitution. Confederations tend to be established for dealing with critical issues, such as defense, foreign affairs, foreign trade, and a common currency, with the central government being required to provide support for all members. A confederation, in modern political terms, is usually limited to a permanent union of sovereign states for common action in relation to other states.

The nature of the relationship between the entities constituting a confederation varies considerably. Likewise, the relationship between the member states and the central government, and the distribution of powers among them, is highly variable. Some looser confederations are similar to international organizations, while tighter confederations may resemble federations.

In a non-political context, confederation is used to describe a type of organization which consolidates authority from other semi-autonomous bodies. Examples include sports confederations or confederations of Pan-European trades unions.

The noun confederation refers to the process of (or the event of) confederating; i.e., establishing a confederation (or by extension a federation). In Canada, Confederation generally refers to the British North America Act, 1867 which initially united four colonies of British North America (Province of Upper Canada, Province of Lower Canada, Province of New Brunswick and Province of Nova Scotia), and to the subsequent incorporation of other colonies and territories. Despite this use of the word "confederation", Canada is a federal state.

Today

Iroquois Confederacy

The Iroquois Confederacy (also known as the "League of Peace and Power", the "Five Nations"; the "Six Nations"; or the "People of the Longhouse") is a group of First Nations/Native Americans that consist of six nations: the Mohawk, the Oneida, the Onondaga, the Cayuga, the Seneca and the Tuscarora. The Iroquois have a representative government known as the Grand Council. The Grand Council is the oldest governmental institution still maintaining its original form in North America. Each tribe sends chiefs to act as representatives and make decisions for the whole nation.

European Union

The EU is not de jure a confederation – but some academic observers conclude that it has elements of a confederation or a federation.

Europe has charted its own brand of constitutional federalism.(Joseph H. H. Weiler)

Those uncomfortable using the “F” word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system (See for instance, Bednar, Filippov et al., McKay, Kelemen, Defigueido and Weingast).(R. Daniel Kelemen)

Belgium

Many authors are now speaking of Belgium as a country with some aspects of a Confederation. C.E. Lagasse wrote it about the agreements between Belgian Regions and Communities : We are near the political system of a Confederation . Vincent de Coorebyter, Director of the CRISP wrote in Le Soir Belgian is undoubtely a federation... [but] has some aspects of a confederation Michel Quévit, Professor ath the Université Catholique de Louvain wrote also in Le Soir The Belgian political system is already in dynamics of a Confederation . The same author wrote already about this issue in 1984 with other Professors

Confederation vs federation

By definition, the difference between a confederation and a federation is that the membership of the member states in a confederation is voluntary, while the membership in a federation is not. A confederation is most likely to feature these differences over a federation: (1) No real direct powers: many confederal decisions are externalised by member-state legislation. (2) Decisions on day-to-day-matters are not taken by simple majority but by special majorities or even by consensus or unanimity (veto for every member). (3) Changes of the constitution, usually a treaty, require unanimity.

Historic confederations

Note that historical confederations, especially those predating the 20th century, may not fit the current definition of a confederation, may be proclaimed as a federation but be confederal(or the reverce), and may not show any qualities that are today recognized as those of a federation.

Some have more the characteristics of a personal union, but they are st listed here because of their own self-styling.

Fictional confederations

See also

References

Sources and external links

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