If the Constitution wasn't ratified by all 13 states, but by enough states to allow it to go into effect, some form of reconciliation between the two sets of rules would need to be written. This is my attempt at a basis for a timeline--not sure if I'll do the timeline.
Essentially, the New England states don't ratify the constitution--perhaps there's something a bit different that makes them decide not to--and "Articles of Combined Governance" are drawn up. (In this timeline, the New England states still have their western land claims.)
Does this look like a reasonable set of rules for the combined governing of one nation with two systems of government? I'm not saying that it will last...but is this a reasonable start? And does it have a hope of lasting?
Clearly, the Confederation States will need to revise their articles--but much less drastically than the Constitution of the United States does.
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 New York, New Jersey, Pennsylvania, New Jersey, 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, Connecticut, 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. (Note 1)
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.
Article Two (Legislature)
The Confederation States shall each allocate two senators, to sit in the United States Senate. Confederation Senators may not vote, but have debate privileges equal to the privileges of other senators.
Each of the Confederation States shall have one observer in the House of Representatives, who is permitted debate privileges equal to other members of the House of Representatives, but may not vote.
Each of 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 or the territories and people thereof 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 2)
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. (Note 3)
The Confederation States may not allocate funding for the army for any duration longer than the Constitution States may, however, appropriations for a duration of up to two years shall always be permissible. (Note 4)
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. (Note 5)
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.
Should a territory petition for admission solely into the Confederation States, and decline to seek admission into the Constitution States, it requires the consent of the Senate of the Constitution States. (Note 6)
Article 7 Expansion of the nation:
Any possession of the United States, not qualifying as 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 have the right to choose which government it should be incorporated into, provided both governments should be willing to incorporate it, unless provided otherwise by law or treaty.
Any law governing the entire nation must be approved by both Congresses, and must not infringe on the rights each state has under its governing charter.
Notes:
1. The Articles of Confederation required unanimous agreement between the states to be changed. This makes the Constitution legal, and allows any of the other non-ratifying states to come under the constitution with no further agreement needed under the Articles of Confederation.
2. Both sets of laws require extradition—which may result in severe problems down the road when fugitive slave laws become a factor.
3. This allows both parties a fair amount of control of the military, and, with New England having a seafaring tradition, the navy was a logical choice for them. The provision allowing for other arrangements to me made in time of need may or may not be relevant.
4. The Constitutional prohibition against long term funding of the army was intended to keep a check on its power. This provision is intended to prevent the military from working around it.
5. This allows free passage of goods through any state, hopefully encouraging trade, and is intended to reduce the possibility of economic struggle, while not infringing on the rights of confederation states to collect tariffs on out of state goods.
6. This is a major provision, almost guaranteeing that most 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 and Connecticut keep their Western lands, except the part that became part of New York.
I don’t think this would work long term, but can see it as a compromise written to keep the country together. Any ideas for changes that might get incorporated into these articles, either right away or down the road, would be much appreciated.
I do see the Confederation States modifying the articles in several ways, giving more power to the Confederation Government in Boston—probably eliminating interstate tariffs and giving the central government some (carefully delineated) other powers.