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There are several reasons proposed for a federal order instead of separate states or secession. The date of approval by Congress is not set in the Constitution, so approval can be given either before or after the approval of a given pact by the states. Consent can be explicit, but can also be inferred from the circumstances. Congress may also impose conditions as part of its approval of a pact. [2] Congress must expressly approve any pact that would increase the political power of the states in a way that would interfere with the power of the federal government. [3] The Articles of Confederation, which constituted a “solid league” among the thirteen free and independent states, constituted an international agreement establishing central institutions for the implementation of vital internal and external affairs. Congress designed and passed the articles in November 1777 and the states ratified them in 1781. Although not yet ratified, the articles offered the Continental Congress national and international legitimacy to lead the American War of Independence, engage in diplomacy with Europe, print money, and deal with territorial issues and relations with Native Americans. Treaties between states that were ratified under the Articles of Confederation after American independence from 1776 until the ratification of the current U.S.

Constitution in 1789 are treated as intergovernmental treaties. These include agreements such as the Treaty of Beaufort, which established the border between Georgia and South Carolina in 1787 and is still in force. After it has been shown that none of the powers conferred on the federal government are unnecessary or inappropriate, the next question to consider is whether the entire mass of them will be dangerous to the part of the authority that remains in the various states. Instead of first asking themselves what degree of power was absolutely necessary for the purposes of the federal government, opponents of the Convention plan exhausted themselves in a secondary study on the possible consequences of the proposed level of power for state governments. . . .