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
There was another and more special reason for resorting to the direct
sanction of the people of the States, which has already been referred
to in general terms, but for which we must look still more closely
into the nature of the system proposed. In that system, the
legislative authority was to reside in the concurrent action of a
majority of the people and a majority of the States. How could the
State government of Delaware, for example, confer upon a majority of
the representatives of the people of all the States, and a majority of
the representatives of all the States, that might adopt the new
Constitution, power to bind the people of Delaware by a legislative
act, to which their own representatives might have refused their
assent? The State government was appointed and established for the
purpose of binding the people of the State by legislative acts of
their own servants and immediate representatives; but not for the
purpose of consenting that legislative power over the people of that
State should be exercised by agents not delegated by themselves. Yet
such a consent was involved in the new system now to be proposed, and
was, in some way--by some safe and competent method--to be obtained. A
legislative power was to be created by the assembling in one branch of
the representatives of the people of all the States, in proportion to
their numbers, and in the other branch by assembling an equal number
of representatives of each State, without regard to its numbers of
people. The authority of law, upon all subjects that might be
committed to this legislative power, was to attend the acts of
concurring majorities in both branches, even against the separate and
adverse will of the minority. It was impossible to rest this
authority upon any other basis than that of the ratification of the
system by the people of each State, to be given by themselves in
primary assemblies, or by delegates expressly chosen in such
assemblies, and appointed to give it, if they should see fit. A system
founded on the consent of the legislatures would be a treaty between
sovereign States; a system founded on the consent of the people would
be a constitution of government, ordained by those who hold and
exercise all political power.[119]
There were not wanting, however, strong advocates of a reference to
the State legislatures; and the votes of three of the States were at
first given for that mode of ratifying the Constitution; but the other
plan was finally adopted with nearly unanimous consent.[120]
Public-domain text, read in full here on John Shaqi.
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