Under the AoC, the secession was a wholly unilaterial activity by sovereign independent states. Their sovereign status is unquestionable, being explicitly written into the AoC.
Madison DID indicate that the convention had some colorable claim to be operating under the authority of the existing government.
They had expressly written instructions authorizing them to recommend revisions to the AoC.
While they had a colorable claim to operate, they had no claim to do what they did in convention.
Remember that Madison had to write his assertion anonymously under the name Publius.
What they did may have been intended for the greater good, but it was not exactly kosher. Had it all been on the up and up, he would not have felt a need to write as Publius, and they would not have sealed the record of the proceedings for 50 years until all of the actors were dead.
Oh, I have absoulutely no doubt that the federalists started strengthening national power at the expense of the states from day one.
They got passed the Judicuary Act of 1789, that requires that controversies of a civil nature between the states be submitted to the Supreme Court. Of course they got passed the Militia Act of 1792. They were busy little bees.
They didn't push too hard to make an explict statement in the Constitution of permanent Union, the way the AoC did. They knew that getting the COnstitution ratified would be tough. That is why they bypassed the state legislatures and that is why they soft-peddled what they could.
But there is no doubt that they built a national edifice that men were willing to fight and die for.
You know, we always hear about how the noble southern yeoman could fight for hearth and home, and how noble he was, and all that.
Look at the Loyal Union men -- they could --leave-- their homes and families and fight for something bigger and grander than their own local concerns -- they could fight for all men, everywhere. They are the true heroes of the war.
Walt