The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
The art. IX. being waved, and Art. VII. Sect. 1. resumed,
M^r Gov^r Morris moved to strike the following words out of the 18
clause "enforce treaties" as being superfluous, since treaties were to
be "laws"--which was agreed to nem: contrad:
M^r Gov^r Morris moved to alter 1^{st} part. of 18. clause Sect. 1. art
VII so as to read "to provide for calling forth the militia to execute
the laws of the Union, suppress insurrections and repel
invasions"--which was agreed to nem: contrad:
On the question then to agree to the 18 clause of Sect. 1. Art: 7. as
amended it passed in the affirmative nem: contrad.
M^r C. Pinkney moved to add as an additional power to be vested in the
Legislature of the U. S. "To negative all laws passed by the several
States interfering in the opinion of the legislature with the general
interests and harmony of the Union; provided that two thirds of the
members of each House assent to the same." This principle he observed
had formerly been agreed to. He considered the precaution as essentially
necessary. The objection drawn from the predominance of the large States
had been removed by the equality established in the Senate.[41]
[41] "RICHMOND AUG^t 22. 87.
"DEAR SIR,
* * * * *
"I have still some hope that I shall hear from you of y^e
reinstatement of y^e _negative_--as it is certainly y^e only
means by which the several Legislatures can be restrained
from disturbing y^e order & harmony of y^e whole, & y^e
governm^t render'd properly _national_, & _one_. I should
suppose y^t some of its former opponents must by this time
have seen y^e necessity of advocating it, if they wish to
support their own principles."
(James McClurg to Madison--Mad. MSS.)
M^r Broome 2^{ded} the proposition.
M^r Sherman thought it unnecessary; the laws of the General Government
being supreme & paramount to the State laws according to the plan, as it
now stands.
M^r Madison proposed that it should be committed. He had been from the
beginning a friend to the principle; but thought the modification might
be made better.
M^r Mason wished to know how the power was to be exercised. Are all laws
whatever to be brought up? Is no road nor bridge to be established
without the Sanction of the General Legislature? Is this to sit
constantly in order to receive & revise the State Laws?--He did not mean
by these remarks to condemn the expedient, but he was apprehensive that
great objections would lie ag^{st} it.
M^r Williamson thought it unnecessary, having been already decided, a
revival of the question was a waste of time.
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