It was not the first government of the US that was unsuccessful, it was the Articles of Confederation(the US's first constitution). The Articles allotted too much power to the states and not enough to a federal government. There wasnt even a universal currency established. Without the power to tax the people, form an army, and rule on the supreme law of the land, among other enumerated powers, the federal government was bereft of the clout necessary to keep the union between states strong and functional.
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The first constitution did not have a Bill of Rights, which is why it was not ratified.
The successful failure
Articles Of Confederation
The articles of confederation
Yes
the judicial branch is your answer