Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When, therefore, these same men at Philadelphia made their proposal of
November, 1777, that other constitutional Articles of government be
made in America, the proposed Articles of Union between nations, it
might have been natural that this proposal also should have suggested
ratification of _these_ Articles by the people themselves. It would
have seemed all the more natural, when we remember that one of the
leaders at Philadelphia in that time was Jefferson, the historic
champion of human individual freedom against all governments. But the
Americans of that generation and their leaders were not as the leaders
of our own time. They knew very accurately the difference between a
_national_ Article of government, which gave ability to interfere with
human freedom, and a _federal_ Article, which gave no ability _of
that kind_ but only ability to govern nations or states, as political
entities. With this accurate knowledge of the vital distinction
between a _national_ and a _federal_ Article, they naturally knew
that either the people themselves or the legislative attorney in fact
of the nation, which makes all agreements for the nation with other
nations, may validly make a _federal_ Article. Therefore, they sent the
proposed Articles of Confederation between nations (not one of which
gave _national_ power to the proposed _federal_ government) to the
legislatures of the respective nations for ratification or rejection on
behalf of the nations. As Marshall later summed up the knowledge which
prompted that sending of those _federal_ articles to the legislatures:
To the formation of a league, such as was the Confederation, the State
sovereignties were certainly competent. (M’Culloch v. Maryland, 4
_Wheat._ 316.)
Each state legislature acted favorably upon the proposed articles and
ratified them. By July 9, 1778, the legislatures of ten states had
ratified. The legislatures of New Jersey and Delaware followed before
the end of February, 1779. The legislature of Maryland did not ratify
until March 1, 1781.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account