Constitutional history -- United States -- Sources; Constitutional law -- United States
This can only be considered as a declaratory proposition; and may have
been inserted, among other reasons, for the satisfaction of the foreign
creditors of the United States, who cannot be strangers to the pretended
doctrine, that a change in the political form of civil society has the
magical effect of dissolving its moral obligations.
Among the lesser criticisms which have been exercised on the
Constitution, it has been remarked that the validity of engagements
ought to have been asserted in favor of the United States, as well
as against them; and in the spirit which usually characterizes little
critics, the omission has been transformed and magnified into a plot
against the national rights. The authors of this discovery may be told,
what few others need to be informed of, that as engagements are in
their nature reciprocal, an assertion of their validity on one side,
necessarily involves a validity on the other side; and that as the
article is merely declaratory, the establishment of the principle in one
case is sufficient for every case. They may be further told, that
every constitution must limit its precautions to dangers that are
not altogether imaginary; and that no real danger can exist that the
government would DARE, with, or even without, this constitutional
declaration before it, to remit the debts justly due to the public, on
the pretext here condemned.
8. "To provide for amendments to be ratified by three fourths of the
States under two exceptions only."
That useful alterations will be suggested by experience, could not but
be foreseen. It was requisite, therefore, that a mode for introducing
them should be provided. The mode preferred by the convention seems to
be stamped with every mark of propriety. It guards equally against that
extreme facility, which would render the Constitution too mutable; and
that extreme difficulty, which might perpetuate its discovered faults.
It, moreover, equally enables the general and the State governments to
originate the amendment of errors, as they may be pointed out by the
experience on one side, or on the other. The exception in favor of the
equality of suffrage in the Senate, was probably meant as a palladium
to the residuary sovereignty of the States, implied and secured by that
principle of representation in one branch of the legislature; and
was probably insisted on by the States particularly attached to that
equality. The other exception must have been admitted on the same
considerations which produced the privilege defended by it.
9. "The ratification of the conventions of nine States shall be
sufficient for the establishment of this Constitution between the
States, ratifying the same."
Public-domain text, read in full here on John Shaqi.
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