Newark, DE asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware

Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

Knowing it is often said that the USA is a nation of laws, and knowing we have a constitution, I am wondering; if there was an official act, decision or proclamation that plainly says that the Articles of Confederation are invalidated? If not, do we Americans just pretend the Articles no longer apply? Or do they? I am extremely frustrated trying to find answers to this question online. Hence, I ask the distinguished gentlemen and gentlewomen who may see this question.

1 Lawyer Answer

A: The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in place of the Articles.

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