Articles of Confederation and Constitution coexist

I'm playingf with a timeline in which New Hampshire, Rhode Island, and Massachusetts refuse to ratify the Constitution of the United States. They don't seperate entirely from the USA, but instead, when it becomes clear that they won't ratify, negotiate the Articles of Governance of the United States of America under the combined Constitution of the United States and Articles of Confederation and Perpetual Union.

I've started to sketch them out, trying to keep some semblance of a realistic style, and would appreciate feedback on them--could this keep the union in some semblance of "together?" What is wrong with them, what could be added or removed?

Anything in italics isn't part of the document, but notes, perhaps for a history student.

Articles of Governance of the United States of America under the combined Constitution of the United States and Articles of Confederation and Perpetual Union.
Preamble:

We the people of the United Sates of America, in order to retain the unity of the country despite the differences of government under the Constitution of the United States and the Articles of Confederation and Perpetual Union, provide for the common defense, promote the general welfare, and secure the blessings of liberty, do ordain and establish these Articles of combined Governance.

Article One:

The States of Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, and South Carolina withdraw from the Articles of Confederation and Perpetual Union, with the consent of the States of New Hampshire, Rhode Island, and Massachusetts. Should the States of New Hampshire, Rhode Island, and Massachusetts ratify the Constitution, separately or jointly, by the first day of July, 1795, such states’ withdrawal from the Confederation shall require no further approval by the Congress of the Confederation.

Within the states that have ratified the Constitution of the United States, known as the Constitution Stares, that document shall be the supreme law of the land. Within states that have not so ratified, known as Confederation States, the Articles of Confederation and Perpetual Union shall be the supreme law of the land.

(This renders the Constitution legal, since changes to the Articles of Confederation require unanimous approval. This is duplicated, word for word, in the Articles of Confederation.)
Article Two (Legislature)

The Confederate States shall each allocate two senators, to sit in the United States Senate. Confederate Senators may not vote, but have debate privileges equal to the privileges of other senators.

Each of the Confederate States shall have one observer in the lower house, who is permitted debate privileges equal to other members of the House of Representatives, but may not vote.

The Constitution States shall be entitled to send a delegation to the Congress of the Confederation. Such delegation shall have privileges of debate equal to the delegation of one of the Confederation states, but may not vote.

Any law affecting both governments shall be enacted by both governments before it shall take effect. No such law my impose obligations on a state that would not be permitted under the form of government which it subscribes to.

Article Three (Judiciary)

Each government shall establish such court systems as it sees fit, such courts having no jurisdiction within states not subject to their own government system.

(Note that both the Constitution and Confederation require extradition.)
Article Four (Military)

The President of the Constitution States shall serve as Commander in Chief of the United States Army. The Commander in Chief of the United States Navy shall be designated by the Confederation States. Both appointments may be changed by joint resolution of the legislatures of both governments.

(This was to allow both sides to feel that they had some control of the military, yet to allow flexibility at need. It does require an amendment to the Constitution. It also fits, since New England was the maritime center.)

The Confederation States may not allocate funding for the army for any duration longer than the Constitution States may.

(Remember, the US Army and Navy were both relatively minor forces, and the states' militias were significant.)

Article Five (Interstate Commerce)

No state my collect tariffs on goods which are not destined for said state. Neither national government shall impose tariffs on good from the other national government’s states and territories greater than the tariffs imposed on like goods from abroad.

(In practice, almost all tariffs within the United States were gone by the 1840’s. Note that states under the Constitution can’t collect tariffs. This was a compromise to allow the Constitution states to collect tariffs on Confederation States, should they tax Constitution State goods.)

Article Six: Territories of the United States.

Any possession of the United States, not qualifying as a state, nor a possession of a state, shall be governed under the Constitution of the United States, unless provisions in law or treaty should be made otherwise. Should a territory become a state, it shall be incorporated into the Constitution States, unless the Constitution States do not accept it and the Confederation States do, unless provided otherwise by treaty or law passed by both governments. Should a possession of a state become a state in its own right, it shall be incorporated into the government of the original owning state.

(This is a big one, almost guaranteeing that new states will be part of the Constitution government unless agreed otherwise. In exchange, New Hampshire’s claims to Vermont are recognized, and it shortly thereafter becomes a Confederation State, and Massachusetts keeps its Western lands, except the part that became part of New York.)

Link to state western land claims: http://en.wikipedia.org/wiki/File:Statecessions.png
 
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