Perpetual Union

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 modern American constitutional law, this concept means that U.S. states are not permitted to overthrow the U.S. Constitution and withdraw from the Union.

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.

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 11. The purpose of the former document was not only 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 Virginia 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 America.

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