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
Among the resolutions sent to the committee, there were four which had
reference to the supremacy of the government of the United States.
They declared that it ought to consist of a supreme legislative,
executive, and judiciary;--that its laws and treaties should be the
supreme law of the several States, so far as they related to the
States or their citizens and inhabitants, and that the judiciaries of
the States should be bound by them, even against their own laws;--that
the officers of the States, as well as of the United States, should be
bound by oath to support the Articles of Union;--and that the question
of their adoption should be submitted to assemblies of representatives
to be expressly chosen by the people of each State under the
recommendation of its legislature.[309]
In order to give effect to these precise and stringent directions, the
committee of detail introduced into their draft of a constitution a
preamble; two articles asserting and providing for the supremacy of
the national government; a provision for the oath of officers; and a
declaration of the mode in which the instrument was intended to be
ratified.
The preamble of the Constitution, as originally reported by this
committee, differed materially from that subsequently framed and
adopted. It spoke in the name of the people of the States of New
Hampshire, Massachusetts, &c., who were said "to ordain, declare, and
establish this Constitution for the government of ourselves and our
posterity"; and it stated no special motives for its establishment. In
this form it was unanimously adopted on the 7th of August. But when,
at a subsequent period, the instrument was sent to another committee,
whose duty it was to revise its style and arrangement, this
phraseology was changed, and the preamble was made to speak in the
name of the people of the United States, and to declare the purposes
for which _they_ ordained and established the Constitution.[310] The
language thus employed in the preamble has justly been considered as
having an important connection with the provisions made for the
ratification of the instrument to which it was prefixed.
The articles specially designed to assert and carry out the supremacy
of the national government, as they came from the committee, embodied
the resolutions on the same subject which had passed the Convention.
The only material addition consisted in the qualification, that the
legislative acts of the United States, which were to be the supreme
law, were such as should be made in pursuance of the Constitution.
Subsequently, the article was so amended as to make the Constitution,
the laws passed in pursuance of it, and the treaties of the United
States, the supreme law of the land, binding upon all judicial
officers.[311]
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