Documents Of America

America’s First Constitution Failed

 Following its Declaration of Independence, the Second Continental Congress turned its attention to forming a government for the new nation. The delegates debated from July 1776 until November 1777. They reached an agreement on the 15th of November. The Articles of Confederation and Perpetual Union became America’s first Constitution. It took more than three years for all 13 states to ratify with Maryland finally signing it on Feb. 2, 1781. It was the law of the land for about six years.

Under the Articles of Confederation, the states kept most of the power creating a weak central government. Article Two states, “Each state retains its sovereignty, freedom and independence.”

The central government was the Confederation Congress, which had the power to appoint a President to a one-year term. The Presidency was largely a ceremonial position.

Each state had one vote in the Confederation Congress and it required nine of 13 states to enact laws, declare war, ratify treaties, appropriate money and appoint a commander in chief of the army. Congress did not have the power of taxation. It had the power to appropriate money from the states that was needed to operate the government but did not have the power to require the states to pay their share.

Congress had the power to raise an army and navy for the common defense, but did not have the power to raise funds to pay the soldiers and sailors. Congress had the power to conduct foreign relations, exchange ambassadors, address territorial issues and deal with Native Americans.

A major problem was that Congress did not have the power to regulate trade. Each state was sovereign in trading with each other and foreign countries. This often created a bidding war that resulted in low tariffs … and tariffs were the primary source of revenue for the states.

In September 1786, the Congress called a meeting in Annapolis, Maryland to discuss the problems with commerce. Only 12 delegates from five states attended the Annapolis Convention. They quickly realized that the problem was a weak central government. After a brief three-day meeting, the delegates’ report to the Confederation Congress called for a full constitutional convention to strengthen the Articles of Confederation. Congress called the convention, in Philadelphia, for May 1787. The Philadelphia Convention changed the world forever.

 

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