by Tom Stilp JD, MBA/MM, LLM, MSC, DBA, June 3rd, 2025
According to the National Archives, the Articles of Confederation were adopted by the Continental Congress in 1777 as the first constitution of the United States (Misc. Papers of the Continental Congress, 1774-1789). The Articles were in force until 1789 when the current U.S. Constitution took effect.
The Articles of Confederation consisted of six sheets of parchment stitched together, signed by delegates of the then 13 states. The Articles created a “league of friendship” for the free,
independent and sovereign states, each state having only one vote, regardless of size or population (Articles of Confederation, Articles II, III and V).
A unique provision in the Articles of Confederation extended an invitation to Canada to join the union as a state. Article XI of the Articles of Confederation explicitly stated that:
“Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this union.” (Article XI)
This clause is remarkable because it offered Canada immediate and unconditional entry into the U.S., unlike any other territory, which would have required approval from a 2/3rd majority of the existing states (at least 9 of the 13 states) (Article XI).
The historical basis for Article XI’s invitation stemmed from the Continental Congress’s belief that Canada shared common interests with the American colonies, particularly in resisting the British. Article XI highlights the early American vision of unity and underscores the expansionist tendencies, albeit pragmatic, of the young republic, which sought to spread its influence across the northern border, offering peaceful inclusion as an alternative to conquest.
Although Canada never accepted the invitation, and chose to remain loyal to the British Crown, Article XI offers us a fascinating “what if” scenario in the growth of the United States.
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