documents:answers:can_we_trust_the_constitution
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authoring:cospwiki:answers:can_we_trust_the_constitution [2015/10/29 20:03] – Oliver Wolcott | documents:answers:can_we_trust_the_constitution [2015/12/17 19:35] – [Can We Trust the Constitution?] Oliver Wolcott | ||
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**Answering The " | **Answering The " | ||
- | **By Michael Farris, JD, LLM** | + | **By Michael Farris, JD, LLM**\\ |
+ | Chancellor, Patrick Henry College\\ | ||
+ | Senior Fellow for Constitutional Studies, Citizens for Self-Governance | ||
Some people contend that our Constitution was illegally adopted as the result of a " | Some people contend that our Constitution was illegally adopted as the result of a " | ||
- | *The convention delegates were instructed to merely amend the Articles of Confederation, | + | *The convention delegates were instructed to merely amend the [[historicaldocuments: |
*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 (" | Ultimately, 12 states appointed delegates. Ten of these states followed the phrasing of the Annapolis Convention with only minor variations in wording (" | ||
- | Every student of history should know that the instructions for delegates came from the states. In // | + | Every student of history should know that the instructions for delegates came from the states. In //[[historicaldocuments: |
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: |
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