
Before the US Constitution was ratified in 1788, the country was governed by the Articles of Confederation, which served as the country's first constitution. The Articles of Confederation created a loose confederation of sovereign states, with a weak central government and most of the power resting with the state governments. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and went into effect on March 1, 1781. However, divisions among the states, disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. As a result, efforts were made to establish a new constitution, leading to the Constitutional Convention in Philadelphia in 1787, which resulted in the creation of the US Constitution.
| Characteristics | Values |
|---|---|
| Name of the first constitution | Articles of Confederation |
| Date of adoption of the first constitution | November 15, 1777 |
| Date the first constitution came into force | March 1, 1781 |
| Powers of the Confederation Congress | Make rules, request funds from the states |
| Limitations of the Confederation Congress | No enforcement powers, couldn't regulate commerce or print money |
| Number of delegates who signed the present-day Constitution | 38 |
| Total number of signatures on the present-day Constitution | 39 |
| Date the present-day Constitution was signed | September 17, 1787 |
| Date the present-day Constitution was ratified | 1788 |
| Date the new federal government began meeting | 1789 |
| Number of states that reported a pro-Constitution majority | 6 out of 13 |
| Number of states required for ratification | 9 out of 13 |
| Number of states whose legislatures interpreted federal legislation | 5 |
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What You'll Learn

The Articles of Confederation
However, just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade. As a result, Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation, leading to the creation of the present-day Constitution.
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The Continental Congress
The First Continental Congress convened in Philadelphia in 1774 in response to escalating tensions between the colonies and the British, which culminated in the passage of the Intolerable Acts by the British Parliament. The Congress was structured with an emphasis on the equality of participants and to promote free debate. It met for about six weeks, mainly to try to repair the relationship between Britain and the colonies while asserting the rights of colonists. It also proclaimed and passed the Continental Association, which was a unified trade embargo against Britain, and successfully built consensus for the establishment of a second congress.
The Second Continental Congress convened in 1775, soon after hostilities broke out in Massachusetts. It sent the Olive Branch Petition to King George III, established the Continental Army, and elected George Washington as commander of the new army. It also took the momentous step of declaring America's independence from Britain. During the Revolutionary War, the Continental Congress became America's de facto government, conducting diplomacy on behalf of the new United States.
In 1781, the Continental Congress ratified the first national constitution, the Articles of Confederation, under which the country would be governed until 1789, when it was replaced by the U.S. Constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money.
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State constitutions
The United States' first constitution, the Articles of Confederation, was in force from 1 March 1781 until 1789, when the present-day US Constitution was ratified. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
Before the US Constitution was ratified, each state had its own constitution. State constitutions varied in length and scope and were generally broader in scope than the federal Constitution. They are also amended more frequently. State constitutions continue to exist alongside the US Constitution, with each of the 50 states having its own constitution.
State constitutional law intersects with federal law in interesting ways. For example, in the early 20th century, the Supreme Court ruled against various state laws that limited labour contracts. State constitutions also have their own Bills of Rights, which cover issues such as freedom of religion and expression, search and seizure, rights of the accused, and sentencing and punishment.
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Divisions among the states
Before the US Constitution, the Articles of Confederation, adopted on November 15, 1777, served as the country's first constitution. The Articles of Confederation gave the Confederation Congress the authority to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the ability to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening the country's unity.
The Articles of Confederation established a confederation, where authority was decentralized, and the central government's power was dependent on the consent of the subnational governments. Under this system, the states were sovereign and powerful, while the national government was weak and subordinate. The states' reluctance to relinquish power hindered the national government's ability to address challenges effectively, including servicing war debt, resolving commercial disputes among states, negotiating trade agreements, and managing popular uprisings.
The divisions among the states persisted even after the adoption of the new Constitution in 1787. During the ratification process, only 6 out of 13 states initially reported a pro-Constitution majority. The Federalists, who supported a strong central government, had to convince at least three more states to secure the ratification. On the other hand, the Anti-Federalists strongly opposed the Constitution due to their concerns about centralized power and the absence of a bill of rights.
The differences among the states were also evident in the varying state laws and the interpretation of federal legislation. For example, in the 19th century, the rule of naturalization differed between states, with immigrants gaining citizenship and voting rights in some northern states before being eligible for the same in others. Additionally, state courts did not interpret federal legislation uniformly, and appeals had to be made directly to the Supreme Court.
The Constitution included provisions to address divisions among the states and ensure a balance of power. It established three branches of government: the legislative, executive, and judicial, later divided into Congress (the Senate and House of Representatives) and special agencies supporting Congress. This division of power aimed to prevent any individual or group from holding too much authority. The Tenth Amendment further affirmed the states' reserved powers, stating that any powers not delegated to the federal government or prohibited from the states were reserved for the states or the people.
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The Grand Convention
The delegates to the Grand Convention created a model of government that relied on a series of checks and balances by dividing federal authority between the legislative, judicial, and executive branches. They also agreed that the goal would be to create a new system of government, not just a revised version of the Articles of Confederation. Madison's Virginia Plan, which called for a strong central government with the power to regulate commerce and enforce laws, was selected as the basis for the new government. The convention also adopted the Connecticut Compromise, which gave each state two senators rather than three.
The delegates to the Grand Convention were wary of centralized power and loyal to their states, so they crafted compromises to accommodate their different interests and views. They also kept the debates secret so that they could speak freely and negotiate without interference. On September 17, 1787, 38 delegates signed the new Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total number of signatures to 39.
The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. Ratification by 9 of the 13 states was required to enact the new government, and the process was closely contested between Federalists and Anti-Federalists. The Constitution came into effect in 1789 and has served as the basis of the United States Government ever since, making it one of the longest-lived and most emulated constitutions in the world.
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Frequently asked questions
The Articles of Confederation, which came into force on March 1, 1781, was the first constitution of the United States.
The Articles of Confederation established a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments.
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. This led to disputes over territory, war pensions, taxation, and trade, threatening to tear the young country apart.
Following the weaknesses exposed by Shays' Rebellion, nationalists led by James Madison, Alexander Hamilton, and George Washington began working towards strengthening the federal government. They helped organize a Grand Convention of state delegates in Philadelphia in 1787 to work on revising the Articles of Confederation.
The new Constitution was ratified in 1788, and the new federal government began meeting in 1789, marking the end of the Confederation period.

























