The
“Perpetual” in
Perpetual Union
The
Articles of
Confederation provided for a weaker federal
government than the subsequent Constitution of the United States
(COTUS).
This is well known, and not at all controversial
among
historians.
And yet, in one
singular respect, the Articles were stronger. They explicitly declared
the union of the
United States to be perpetual—both
in
their formal title (The Articles of Confederation and Perpetual Union)
and
again in their text. (Article
XIII:
“(T)he Articles of Confederation shall be inviolably observed by every
State, and the union shall be perpetual.”)
The COTUS merely
speaks of a “more perfect Union”, and says
nothing about its duration.
There is no
evidence of any debate on the topic, among the
framers of either the Articles or the COTUS.
The word “perpetual” was in John Dickinson’s first
draft
of the
Articles, and it remained in the finished product.
Likewise, it was omitted from the COTUS
without any recorded comment or debate.
This of course left
the Southern states free to assert that
they were exercising a constitutional prerogative when they seceded
from the
Union at the onset of the Civil War (1860-61).
They would not have been able to make such an
assertion
with respect to
the otherwise weaker Articles. To
be
sure, the Southern states would have seceded anyway.
But they would have had to label it as an act
of revolution, not as an exercise of a legitimate constitutional option.
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