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
This plan proposed that the Articles of Confederation should be so
revised and enlarged as to give to Congress certain additional powers,
including a power to levy duties for purposes of revenue and the
regulation of commerce. But it left the constitution of Congress as
it was under the Confederation, and left also the old mode of
discharging the national expenses, by means of requisitions on the
States, changing only the rule of proportion from the basis of real
property to that of free population. It contemplated an executive, to
be elected by Congress, and a supreme judiciary to be appointed by the
executive; leaving to the judiciaries of the States original
cognizance of all cases arising under the laws of the Union, and
confining the national judiciary to an appellate jurisdiction, except
in the cases of impeachments of national officers. It proposed to
secure obedience to the acts and regulations of Congress, by making
them the supreme law of the States, and by authorizing the executive
to employ the power of the confederated States against any State or
body of men who might oppose or prevent their being carried into
execution.
The mover of this system[53] founded his opposition to the plan framed
by the committee of the whole chiefly upon the want of power in the
Convention to propose a change in the principle of the existing
government. He argued, with much acuteness, that there was either a
present confederacy of the States, or there was not; that if there
was, it was one founded on the equal sovereignties of the States, and
that it could be changed only by the consent of all; that as some of
the States would not consent to the change proposed, it was necessary
to adhere to the system of representation by States; and that a
system of representation of the people of the States was inconsistent
with the preservation of the State sovereignties. The answer made to
this objection was, that although the States, in appointing their
delegates to the Convention, had given them no express authority to
change the principle of the existing constitution, yet that the
Convention had been assembled at a great crisis in the affairs of the
Union, as an experiment, to remedy the evils under which the country
had long suffered from the defects of its general government; that
whatever was necessary to the safety of the republic must, under such
circumstances, be considered as within the implied powers of the
Convention, especially as it was proposed to do nothing more than to
recommend the changes which might be found necessary; and that
although all might not assent to the changes that would be proposed,
the dissentient States could not require the others to remain under a
system that had completely failed, when they could form a new
confederacy upon wiser and better principles.[54]
Public-domain text, read in full here on John Shaqi.
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