History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
But when it was proposed to reverse this principle, and to create a
government, external to the governments of the States, clothed with
authority to exact obedience from the individual inhabitants of the
States, and to act upon them directly, the question might well arise,
whether the State governments were competent to cede such an authority
over their constituents, and whether it could be granted by anybody
but the people themselves. It might, it is true, be said, that their
constitutions made the governments of the States the depositaries of
the sovereignty and political powers of the people inhabiting those
States. But if this was true, in a general sense, for the purpose of
exercising the political powers of the people, it was not true, in any
sense, for the purpose of granting away those powers to other agents.
The latter could only be done by those who had constituted the first
class of agents, and who were able to say that certain portions of the
authority with which they had been clothed should be withdrawn, and be
revested in another class.
Undoubtedly it would have been possible to have given the Constitution
of the United States a theoretical adoption by the people of the
States, by committing its acceptance to the State legislatures,
relying on the acquiescence of the people in their acts. But there
were two objections to this course. The one was, that the legislatures
were believed less likely than the people to favor the establishment
of such a government as that now proposed. The other was, that the
kind of legal fiction by which the presumed assent of the people must
be reached, in this mode, would leave room for doubts and disputes as
to the real basis and authority of the government, which ought, if
possible, to be avoided.
Public-domain text, read in full here on John Shaqi.
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