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authoring:cospwiki:answers:can_we_trust_the_constitution [2015/10/29 20:03] – Oliver Wolcottdocuments:answers:can_we_trust_the_constitution [2015/10/31 22:23] – ↷ Page moved from authoring:cospwiki:answers:can_we_trust_the_constitution to documents:answers:can_we_trust_the_constitution Oliver Wolcott
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 Some people contend that our Constitution was illegally adopted as the result of a "run-away convention." They make two claims: Some people contend that our Constitution was illegally adopted as the result of a "run-away convention." They make two claims:
  
-  *The convention delegates were instructed to merely amend the Articles of Confederation, but they wrote a whole new document.+  *The convention delegates were instructed to merely amend the [[historicaldocuments:articlesofconfederation|Articles of Confederation]], but they wrote a whole new document.
  
   *The ratification process was improperly changed from 13 state legislatures to 9 state ratification conventions.   *The ratification process was improperly changed from 13 state legislatures to 9 state ratification conventions.
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 Ultimately, 12 states appointed delegates. Ten of these states followed the phrasing of the Annapolis Convention with only minor variations in wording ("render the Federal Constitution adequate"). Two states, New York and Massachusetts, followed the formula stated by Congress ("solely amend the Articles" as well as "render the Federal Constitution adequate"). Ultimately, 12 states appointed delegates. Ten of these states followed the phrasing of the Annapolis Convention with only minor variations in wording ("render the Federal Constitution adequate"). Two states, New York and Massachusetts, followed the formula stated by Congress ("solely amend the Articles" as well as "render the Federal Constitution adequate").
  
-Every student of history should know that the instructions for delegates came from the states. In //Federalist 40//, James Madison answered the question of "who gave the binding instructions to the delegates." He said: "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 [i.e. the states]." He then spends the balance of //Federalist 40 //proving that the delegates// //from all 12 states properly followed the directions they were given by each of their states. According to Madison, the February 21st resolution from Congress was merely "a recommendatory act."+Every student of history should know that the instructions for delegates came from the states. In //[[historicaldocuments:fedpapers:federalist40|Federalist 40]]//, James Madison answered the question of "who gave the binding instructions to the delegates." He said: "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 [i.e. the states]." He then spends the balance of //Federalist 40 //proving that the delegates// //from all 12 states properly followed the directions they were given by each of their states. According to Madison, the February 21st resolution from Congress was merely "a recommendatory act."
  
 The States, not Congress, called the Constitutional Convention. They told their delegates to render the Federal Constitution adequate for the exigencies of the Union. And that is exactly what they did. The States, not Congress, called the Constitutional Convention. They told their delegates to render the Federal Constitution adequate for the exigencies of the Union. And that is exactly what they did.
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 The Articles of Confederation required any amendments to be approved by Congress and ratified by all 13 state legislatures. Moreover, the Annapolis Convention and a clear majority of the states insisted that any amendments coming from the Constitutional Convention would have to be approved in this same manner—by Congress and all 13 state legislatures. The Articles of Confederation required any amendments to be approved by Congress and ratified by all 13 state legislatures. Moreover, the Annapolis Convention and a clear majority of the states insisted that any amendments coming from the Constitutional Convention would have to be approved in this same manner—by Congress and all 13 state legislatures.
  
-The reason for this rule can be found in the principles of international law. At the time, the states were sovereigns. The Articles of Confederation were, in essence, a treaty be-tween 13 sovereign nations. Normally, the only way changes in a treaty can be ratified is by the approval of all parties to the treaty.+The reason for this rule can be found in the principles of international law. At the time, the states were sovereigns. The [[historicaldocuments:articlesofconfederation|Articles of Confederation]] were, in essence, a treaty be-tween 13 sovereign nations. Normally, the only way changes in a treaty can be ratified is by the approval of all parties to the treaty.
  
 However, a treaty can provide for some-thing less than unanimous approval if all the parties agree to a new approval process be-fore it goes into effect. This is exactly what the Founders did. However, a treaty can provide for some-thing less than unanimous approval if all the parties agree to a new approval process be-fore it goes into effect. This is exactly what the Founders did.
documents/answers/can_we_trust_the_constitution.txt · Last modified: 2022/01/01 12:52 by Oliver Wolcott