Created in 1777 after the Declaration of Independence and the onset of the Revolutionary War, the Articles of Confederation was a loose alliance between the 13 states of colonial America. It was largely formed to direct the war effort more efficiently. However, once the war ended, the flaws in the Articles of Confederation became abundantly clear, as its central government was insufficiently empowered to keep the states financially solvent and materially protected from foreign invasion or domestic insurrection. It was officially dissolved in 1789 with the ratification of the US Constitution.

The US Constitution is the founding document of the United States and the supreme law of the land. It lays out the division of power between federal and state governments. Unlike the Articles of Confederation, the Constitution effectively empowers the federal government to carry out its ability to raise armies, tax individuals, regulate interstate commerce, and perform other roles within the realm of federal jurisdiction. It makes the states fully subordinate to the federal government in these respects, while allowing the states to retain their powers in terms of local policymaking and regulation outside of what is specifically enumerated in the Constitution. The Constitution also contains the Bill of Rights which enshrines liberties like the freedom of religion and the freedom of the press, though this was added after the publication of The Federalist Papers.