America’s First Constitution: State Over Nation

Abstract

America’s first constitution, the Articles of Confederation, was an unsuccessful experiment. It established a presidium of 13 states, not a government. Hamilton and Madison, both of whom advocated reform, recognized that the prime failing of the Articles was its lack of flexibility. It could not be modified by formal amendment or by a doctrine of implied powers. The states dominated the Union. Nowhere was this more evident than in the dependence of the congressional authority on the states for contributions to sustain the war effort. The creation of a new constitution under which national authority would dominate the states was necessary if the Union was to emerge as a united nation.

There is nothing more common than to confound the terms of the American revolution with those of the late American war. The American war is over: but this is far from being the case with the American revolution. On the contrary, nothing but the first act of the great drama is closed. It remains yet to establish and perfect our new forms of government; and to prepare the principles, morals, and manners of our citizens, for these forms of government, after they are established and brought to perfection.

Benjamin Rush, 1786 ¹

It is to this [requirement of] unanimous consent, [that] the depressed situation of the Union is undoubtedly owing … To this weak, this absurd part of the Government, may all our distresses be fairly attributed.

Charles Pinckney, 1787 ²