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
M^r Ghorum did not know that oaths would be of much use; but could see
no inconsistency between them and the 17. Resol. or any regular amend^t
of the Constitution. The oath could only require fidelity to the
existing Constitution. A constitutional alteration of the Constitution,
could never be regarded as a breach of the Constitution, or of any oath
to support it.
M^r Gerry thought with M^r Ghorum there could be no shadow of
inconsistency in the case. Nor could he see any other harm that could
result from the Resolution. On the other side he thought one good effect
would be produced by it. Hitherto the officers of the two Governments
had considered them as distinct from, and not as parts of the General
System, & had in all cases of interference given a preference to the
State Gov^{ts}. The proposed oath will cure that error.
The Resol^n (18) was agreed to nem. con.
Resol: 19. referring the new Constitution to Assemblies to be chosen by
the people for the express purpose of ratifying it was next taken into
consideration.
M^r Elseworth moved that it be referred to the Legislatures of the
States for ratification. M^r Patterson 2^{ded} the motion.
Col. Mason considered a reference of the plan to the authority of the
people as one of the most important and essential of the Resolutions.
The Legislatures have no power to ratify it. They are the mere creatures
of the State Constitutions, and cannot be greater than their creators.
And he knew of no power in any of the Constitutions, he knew there was
no power in some of them, that could be competent to this object.
Whither then must we resort? To the people with whom all power remains
that has not been given up in the Constitutions derived from them. It
was of great moment he observed that this doctrine should be cherished
as the basis of free Government. Another strong reason was that
admitting the Legislatures to have a competent authority, it would be
wrong to refer the plan to them, because succeeding Legislatures having
equal authority could undo the acts of their predecessors; and the
National Gov^t would stand in each State on the weak and tottering
foundation of an Act of Assembly. There was a remaining consideration of
some weight. In some of the States the Gov^{ts} were not derived from
the clear & undisputed authority of the people. This was the case in
Virginia. Some of the best & wisest citizens considered the Constitution
as established by an assumed authority. A national Constitution derived
from such a source would be exposed to the severest criticisms.
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