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 Gov^r Morris considered the inference of M^r Elseworth from the plea
of necessity as applied to the establishment of a new System on y^e
consent of the people of a part of the States, in favor of a like
establishm^t on the consent of a part of the Legislatures, as a non
sequitur. If the Confederation is to be pursued no alteration can be
made without the unanimous consent of the Legislatures: Legislative
alterations not conformable to the federal compact, would clearly not be
valid. The Judges would consider them as null & void. Whereas in case of
an appeal to the people of the U. S., the supreme authority, the federal
compact may be altered by a _majority of them_; in like manner as the
Constitution of a particular State may be altered by a majority of the
people of the State. The amendm^t moved by M^r Elseworth erroneously
supposes that we are proceeding on the basis of the Confederation. This
Convention is unknown to the Confederation.
M^r King thought with M^r Elseworth that the Legislatures had a
competent authority, the acquiescence of the people of America in the
Confederation, being equivalent to a formal ratification by the people.
He thought with M^r E. also that the plea of necessity was as valid in
the one case as the other. At the same time he preferred a reference to
the authority of the people expressly delegated to Conventions, as the
most certain means of obviating all disputes & doubts concerning the
legitimacy of the new Constitution; as well as the most likely means of
drawing forth the best men in the States to decide on it. He remarked
that among other objections made in the State of N. York to granting
powers to Cong^s one had been that such powers as would operate within
the State, could not be reconciled to the Constitution; and therefore
were not grantible by the Legislative authority. He considered it as of
some consequence also to get rid of the scruples which some members of
the State Legislatures might derive from their oaths to support &
maintain the existing Constitutions.
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