Constitutional history -- United States -- Sources; Constitutional law -- United States
Should abuses creep into one part, they
are reformed by those that remain sound. “7. “To consider all debts
contracted, and engagements entered into, before the adoption of this
Constitution, as being no less valid against the United States, under
this Constitution, than under the Confederation. “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.
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