Constitutional history -- United States -- Sources; Constitutional law -- United States
The second point to be examined is, whether the convention were
authorized to frame and propose this mixed Constitution. The powers of
the convention ought, in strictness, to be determined by an inspection
of the commissions given to the members by their respective
constituents. As all of these, however, had reference, either to the
recommendation from the meeting at Annapolis, in September, 1786, or to
that from Congress, in February, 1787, it will be sufficient to recur
to these particular acts. The act from Annapolis recommends the
“appointment of commissioners to take into consideration the situation
of the United States; to devise SUCH FURTHER PROVISIONS as shall appear
to them necessary to render the Constitution of the federal government
ADEQUATE TO THE EXIGENCIES OF THE UNION; and to report such an act for
that purpose, to the United States in Congress assembled, as when
agreed to by them, and afterwards confirmed by the legislature of every
State, will effectually provide for the same. “The recommendatory act
of Congress is in the words following: “WHEREAS, There is provision in
the articles of Confederation and perpetual Union, for making
alterations therein, by the assent of a Congress of the United States,
and of the legislatures of the several States; and whereas experience
hath evinced, that there are defects in the present Confederation; as a
mean to remedy which, several of the States, and PARTICULARLY THE STATE
OF NEW YORK, by express instructions to their delegates in Congress,
have suggested a convention for the purposes expressed in the following
resolution; and such convention appearing to be the most probable mean
of establishing in these States A FIRM NATIONAL GOVERNMENT: “Resolved,
That in the opinion of Congress it is expedient, that on the second
Monday of May next a convention of delegates, who shall have been
appointed by the several States, be held at Philadelphia, for the sole
and express purpose OF REVISING THE ARTICLES OF CONFEDERATION, and
reporting to Congress and the several legislatures such ALTERATIONS AND
PROVISIONS THEREIN, as shall, when agreed to in Congress, and confirmed
by the States, render the federal Constitution ADEQUATE TO THE
EXIGENCIES OF GOVERNMENT AND THE PRESERVATION OF THE UNION. “From these
two acts, it appears, 1st, that the object of the convention was to
establish, in these States, A FIRM NATIONAL GOVERNMENT; 2d, that this
government was to be such as would be ADEQUATE TO THE EXIGENCIES OF
GOVERNMENT and THE PRESERVATION OF THE UNION; 3d, that these purposes
were to be effected by ALTERATIONS AND PROVISIONS IN THE ARTICLES OF
CONFEDERATION, as it is expressed in the act of Congress, or by SUCH
FURTHER PROVISIONS AS SHOULD APPEAR NECESSARY, as it stands in the
recommendatory act from Annapolis; 4th, that the alterations and
provisions were to be reported to Congress, and to the States, in order
to be agreed to by the former and confirmed by the latter. From a
Public-domain text, read in full here on John Shaqi.
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