The Perpetual Union is a feature of the Articles of Confederation and Perpetual Union, which established the United States of America as a national entity. Under American constitutional law, this concept means that states are not permitted to withdraw from the Union.

[edit] Historical origin

The concept of a Union of the American States originated gradually during the 1770s as the independence struggle unfolded. In his First Inaugural Address on Monday March 4, 1861, Abraham Lincoln stated:

"The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was to form a more perfect Union."^[1]

A significant step was taken on June 12, 1776, when the Second Continental Congress approved the drafting of the Articles of Confederation, following a similar approval to draft the Declaration of Independence on June 11th. The purpose of the former document was to define the relationship among the new states but also to stipulate the permanent nature of the new union. Accordingly, Article XIII states that the Union "shall be perpetual". While the process to ratify the Articles began in 1777, the Union only became a legal entity in 1781 when all states had ratified the agreement. The Second Continental Congress approved the Articles for ratification by the sovereign States on November 15, 1777, which occurred during the period from July 1778 to March 1781.

The 13th ratification by Maryland was delayed for several years due to conflict of interest with some other states, including the western land claims of Virginia. After Virgina passed a law on January 2, 1781 relinquishing the claims, the path forward was cleared. On February 2, 1781 the Maryland state legislature in Annapolis passed the Act to ratify and on March 1, 1781 the Maryland delegates to the Second Continental Congress in Philadelphia formally signed the agreement. Maryland's final ratification of the Articles of Confederation and Perpetual Union established the requisite unanimous consent for the legal creation of the United States of Amercia.

The concept of a perpetual union appeared earlier in European political thought. In 1532, François the 1st signed the Treaty of Perpetual Union (fr. Traité d'Union Perpétuelle), which pledged the freedom and privileges of Brittany within the kingdom of France.^[2] In 1713, Saint Pierre presented a plan “A project for settling an everlasting peace in Europe,” wherein it is stated in Article 1

"There shall be from this day following a Society, a permanent and perpetual Union, between the Sovereigns subscribed."^[3]

[edit] Significance

From the start the Union has carried with it importance in the national affairs. There was a sense of urgency in completing the legal Union during the American Revolutionary War. Maryland’s ratification act stated, “[I]t hath been said that the common enemy is encouraged by this State not acceding to the Confederation, to hope that the union of the sister states may be dissolved”^[4] The nature of the Union was hotly debated during a period lasting from the 1830s through the American Civil War. During the Civil War, the United States was called "the Union", which could be seen as highlighting what it was fighting for.

[edit] Constitutional basis

When the United States Constitution replaced the Articles, nothing in it specifically stated that the Union is perpetual. Even after the Civil War, which had been fought by the North to confirm the inviolability of the Union, some still questioned whether any such inviolability survived after the Constitution replaced the Articles. That issue was settled in the 1869 United States Supreme Court case Texas v. White^[5] In that case, the court determined that the drafters intended the perpetuity of the Union to survive:

[edit] Notes