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
The committee also added another new feature to their plan of
government, which was a capacity of being amended. The Articles of
Confederation admitted of changes only when they had been agreed upon
in Congress, and had afterwards been confirmed by the legislatures of
all the States. Indeed, it resulted necessarily from the nature of
that government, that it could only be altered by the consent of all
the parties to it. It was now proposed and declared, that provision
ought to be made for the amendment of the Articles of Union, whenever
it should seem necessary. This declaration looked to the establishment
of some new method of originating improvements in the system of
government, and a new rule for their adoption.
It was also determined that the members of the State governments
should be bound by oath to support the Articles of Union. The purpose
of this provision was to secure the supremacy of the national
government, in cases of collision between its authority and the
authority of the States. It was a new feature in the national system,
and received at first the support of only a bare majority of the
States.[47]
Finally, it was provided that the new system, after its approbation by
Congress, should be submitted to representative assemblies
recommended by the State legislatures, to be expressly chosen by the
people to consider and decide thereon. The question has often been
discussed, whether this mode of ratification marks in any way the
character of the government established by the Constitution. At
present it is only necessary to observe, that the design of the
committee was to substitute the authority of the people of the States
in the place of that of the State legislatures, for a threefold
purpose. First, it was deemed desirable to resort to the supreme
authority of the people, in order to give the new system a higher
sanction than could be given to it by the State governments. Secondly,
it was thought expedient to get rid of the doctrine often asserted
under the Confederation, that the Union was a mere compact or treaty
between independent States, and that therefore a breach of its
articles by any one State absolved the rest from its obligations. In
the third place, it was intended, by this mode of ratification, to
enable the people of a less number of the States than the whole to
form a new Union, if all should not be willing to adopt the new
system.[48] The votes of the States in committee, upon this new mode
of ratification, show that on one side were ranged the States that
were aiming to change the principle of the government, and on the
other the States that sought to preserve the principle of the
Confederation.[49]
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