Omar Bennett
The first American constitution, the Articles of Confederation, was drafted in 1777 and ratified in 1781. It was a product of wartime urgency and extensive land claims by states. The Articles established a weak central government with no enforcement powers, unable to regulate commerce, levy taxes, or print money. It lacked an executive or judiciary branch, and each state had one vote, reinforcing their power to act independently. Requiring a supermajority of 9 out of 13 states to pass laws made legislation difficult, and unanimous consent for amendments was practically impossible. States conducted their own foreign policies and money systems, and the central government couldn't fund its operations or maintain an effective military. These issues, along with concerns over the country's stability, led to the Constitutional Convention of 1787, ending the era of the Articles of Confederation. The original Constitution was also flawed in preserving slavery and excluding certain groups from the definition of the people.
| Characteristics | Values |
|---|---|
| States didn't act immediately | It took until February 1779 for 12 states to approve the document |
| Central government was weak | Lacked an executive official or judicial branch |
| Congress had only one chamber | Each state had one vote |
| High supermajority required to pass laws | 9 out of 13 states needed to pass any laws |
| Practically impossible to amend | Unanimous consent was required to make any changes |
| Central government couldn't collect taxes | Lacked funds to maintain an effective military or back its currency |
| States conducted their own foreign policies | Central government lacked the power to enforce this role |
| States had their own money systems | Lack of a common currency made trade difficult |
| Congress had little respect and support | State governments were anxious to maintain their power |
| Congress couldn't regulate trade | States didn't comply with Congress's suggestions |
| Congress lacked authority | States refused to grant Congress power over commerce |
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What You'll Learn
The central government was weak
America's first constitution, the Articles of Confederation, established "the United States of America" as a perpetual union formed to defend the states as a group. However, it provided few central powers beyond that. The central government was intentionally designed to be very weak, lacking an executive official or a judiciary branch.
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, and couldn't print money. This weakness in the central government meant that it couldn't collect taxes to fund its operations and had to rely on voluntary efforts from the states. The lack of a judiciary branch also meant there was no system of checks and balances in place.
The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. The central government lacked the power to enforce its authority over the states, who were anxious to maintain their independence and power. This dynamic was further exacerbated by the requirement that Congress needed 9 out of 13 states to pass any laws, making it very difficult to pass legislation affecting all states.
The weakness of the central government was highlighted by Shays' Rebellion, a tax protest by western Massachusetts farmers in 1786 and 1787. The central government couldn't put down the internal rebellion and had to rely on a state militia sponsored by private Boston business people. This event alarmed key figures such as George Washington, James Madison, and Alexander Hamilton, who recognized the need for a stronger central government.
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Congress had little power
America's first 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. The central government was designed to be extremely weak, with few powers beyond the ability to defend the states as a group.
The Articles Congress only had one chamber, and each state had one vote, reinforcing the power of the states to operate independently from the central government. Congress needed nine out of thirteen states to pass any laws, making it very difficult to pass legislation affecting all thirteen states. The document was also practically impossible to amend, as it required unanimous consent from all thirteen states.
The central government couldn't collect taxes to fund its operations, as it relied on voluntary efforts from the states. This meant it couldn't maintain an effective military or back its own currency. The states conducted their own foreign policies and had their own money systems, making trade between states and with other countries extremely difficult.
The founders of the US Constitution, including George Washington, James Madison, and Alexander Hamilton, were wary of centralized power but created a more powerful central government than the Articles of Confederation. They crafted compromises to represent different interests and views, and the Constitution stands today as one of the longest-lived and most emulated in the world.
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States operated independently
America's first constitution, the Articles of Confederation, was formed in 1777 as a wartime confederation of states, with a very limited central government. The document made official some of the procedures used by the Congress to conduct business, but it had several limitations. One of the most significant issues was that the states operated independently from the central government.
The Articles of Confederation established "The United States of America" as a perpetual union formed to defend the states as a group, but it lacked the power to enforce its will on the states. The central government was intentionally designed to be weak, with no executive or judicial branch, and each state had one vote in Congress, reinforcing the power of the states to act independently. This often meant that decisions were made that were not in the nation's best interests. For example, Congress lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states. It also couldn't collect taxes from the states to fund its operations, which meant it couldn't maintain an effective military or back its own currency.
The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. The central government couldn't even put down an internal rebellion like Shays' Rebellion in 1786-87, where it had to rely on a state militia sponsored by private Boston business people. This alarmed key figures like George Washington, James Madison, and Alexander Hamilton, who pushed for changes to the Articles of Confederation.
The founders of the new constitution in 1787 were wary of centralized power and loyal to their states, so they created a powerful central government with enforcement powers. They bypassed the state legislatures and called for special ratifying conventions in each state, with ratification by 9 of the 13 states enacting the new government.
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Amendments were practically impossible
The Articles of Confederation, the first written constitution of the United States, was drafted in 1777 and ratified in 1781. It was created out of wartime urgency to form a "firm league of friendship" between the states for their "common defense, the security of their liberties, and their mutual and general welfare." However, one of its significant weaknesses was the impracticality of making amendments.
The Articles of Confederation required unanimous consent from all 13 states for any amendment to be made. This meant that even a single dissenting state could block changes, making the document practically impossible to amend. This issue became apparent as the young nation faced challenges that the Articles were ill-equipped to address. For example, Congress lacked the authority to regulate commerce, collect taxes, or conduct foreign policy without the voluntary agreement of the states.
The inability to amend the Articles of Confederation effectively hindered the government's ability to adapt to changing circumstances and address pressing issues. It prevented the central government from strengthening its position and resolving disputes between states. The requirement for unanimous consent highlighted the lack of unity among the states and their reluctance to cede power to a central authority.
As the United States emerged from the Revolutionary War, it became clear that a more robust central government was necessary. The Articles of Confederation's inability to levy taxes or regulate commerce threatened to undermine the country's economic stability and sovereignty. The central government's dependence on voluntary contributions from the states often left it without the necessary funds to maintain an effective military or back its currency.
The impracticality of amending the Articles of Confederation ultimately contributed to its demise. The recognition of these weaknesses led to the Constitutional Convention of 1787, which resulted in the creation of a new constitution for the United States. The new constitution addressed many of the shortcomings of the Articles of Confederation, including the process for making amendments, which shifted from unanimous consent to a more flexible approach.
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It preserved and propped up slavery
The first US Constitution, despite its message of inclusivity and equality, preserved and propped up slavery. The authors of the Constitution consciously avoided using the word "slave", recognising that it would sully the document. However, the Constitution included several pro-slavery clauses that protected and promoted slavery. One of the most significant was the three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College, thus boosting the representation of slave states in Congress.
The Fugitive Slave Clause was another abhorrent aspect of the Constitution, as it actively involved the federal government and its officers in the protection of people as property. The Constitution also included a slave import limitation, which prohibited Congress from regulating the international slave trade until 1808, 21 years after its ratification. This not only kept the flow of slaves unregulated but also prevented any amendment to the slave import limitation.
The Constitution's authors left out a vital distinction between person and property, ultimately protecting an oppressive institution. By fabricating a subservient order for those with darker skin, the founding generation guaranteed that only white men would benefit from the rights and liberties promised by the Constitution. This preservation of a thriving economy based on racial oppression contradicted the Constitution's message of fairness and justice.
The Supreme Court also played a role in enforcing the pro-slavery Constitution, promoting racial inequality and resisting racial equality. The use of race-neutral language in the Constitution, such as "all other Persons" or "persons held to Service or Labour", was a euphemism for slavery and accomplished racially targeted harm. Despite some members of the Constitutional Convention voicing objections to slavery, the final document laid the foundation for tragic events and promoted slavery.
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Frequently asked questions
The Articles of Confederation and Perpetual Union was the first written constitution of the United States.
The Articles of Confederation had many weaknesses, including the fact that Congress had no enforcement powers, couldn't regulate commerce, and couldn't collect taxes to fund its operations. The central government was also very weak, with no executive or judicial branch, and each state had one vote, reinforcing their power to act independently.
Yes, the delegates came up with a new constitution, which was signed on September 17, 1787, creating a powerful central government. The Constitution has since been amended 27 times, with the first ten amendments known as the Bill of Rights.
