For most of the war, the Continental Congress acted in lieu of a national government while the delegates worked to devise a more permanent structure. But the congress had depended mainly on states for funds and manpower. Delegates did draft the Articles of Confederation in 1777 and submitted them to the states for approval. Eight of the thirteen states ratified the plan for a national government by mid-1778. But nearly three more years passed before the last state, Maryland, approved the Articles.

Without a formal central government, state governments played crucial roles throughout the war. Even before the Continental Congress declared American independence, some colonies had forced royal officials to flee and established new state governments. Some states abided by the regulations in their colonial charters or by English common law. Others created new governments based on a written constitution.

These constitutions reflected the opposition to centralized power fueled by the struggle against British tyranny. In Pennsylvania, patriots developed one of the most democratic constitutions. The governor was replaced by an executive council. The legislature consisted of a single house elected by popular vote. Legislators could only serve for four in any seven years to discourage the formation of a political aristocracy. Although Pennsylvania’s constitution was among the most radical, all states limited centralized power in some way.

Most states, adopting Virginia’s model, included in their constitutions a bill of rights that ensured citizens freedom of the press, freedom of elections, speedy trials by one’s peers, humane punishments, and the right to form militias. Some states also insisted on people’s freedom of speech and assembly, the right to petition and to bear arms, and equal protection of the laws. The New Jersey constitution of 1776 enfranchised all free inhabitants who met the property qualifications, thereby allowing some single and widowed women and free blacks to vote.