Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
It will be seen that both Mr. Seward and Congress counted all of the
Southern communities which had ever been "States" as being "States,"
making the whole number of "States" thirty-seven, and the number
necessary for ratification of the amendment twenty-eight. Upon this
basis of calculation two more than the necessary number had ratified at
the date of Mr. Seward's final proclamation. It will also be seen that
both Mr. Seward and Congress, that is that both the legislative and
executive departments of the Government, ignored the attempt of Ohio
and New Jersey to withdraw their consent to the amendment, and fixed
the precedent in the constitutional practice of the United States that
a "State" legislature cannot reconsider its ratification of an
amendment to the Constitution of the United States at any time. This
means, when scientifically appreciated, that the ratification of an
amendment to the Constitution of the United States is not an agreement
between the "States," and therefore becomes valid as to each only after
three-fourths of the "States," the constitutional number necessary to
make the proposed amendment a valid part of the Constitution, shall
have ratified it, but that ratification by a "State" legislature, and
_a fortiori_ by a convention of the people within a "State," is only an
indirect vote of a part of the people of the United States upon a
question submitted to the suffrages of the whole people of the United
States. When, {206} therefore, this affirmative vote has been once
officially announced by the proper authorities within the "State" to
the proper authorities of the United States there is no further control
over it by the authorities within the "State."
[Sidenote: The correct procedure.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account