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documents:cosproject:surge:article_3-answeringtherunawayconventionmyth [2018/03/25 08:46] – Oliver Wolcottdocuments:cosproject:surge:article_3-answeringtherunawayconventionmyth [2018/03/25 13:10] – Oliver Wolcott
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 </WRAP> </WRAP>
 {{tag>surge runaway convention}} {{tag>surge runaway convention}}
-{{:documents:cosproject:surge:surge-3-1.png?800|}} +{{:documents:cosproject:surge:surge-3-1.png?800|We can’t walk boldly into our future, without first understanding our history.}} 
-<blockquote>We can’t walk boldly into our future, without first understanding our history. +----
-</blockquote> +
 ===== Can We Trust the Constitution? Answering The “Runaway Convention” Myth ===== ===== Can We Trust the Constitution? Answering The “Runaway Convention” Myth =====
 **By Michael Farris, JD, LLM** **By Michael Farris, JD, LLM**
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 **The Delegates Obeyed Their Instructions from the States** **The Delegates Obeyed Their Instructions from the States**
  
-The claim that the delegates disobeyed their instructions is based on the idea that Congress called the Constitutional Convention. Proponents of this view assert that Congress limited the delegates to amending the Articles of Confederation. A review of legislative history clearly reveals the error of this claim. The Annapolis +The claim that the delegates disobeyed their instructions is based on the idea that Congress called the Constitutional Convention. Proponents of this view assert that Congress limited the delegates to amending the Articles of Confederation. A review of legislative history clearly reveals the error of this claim. The Annapolis 
 Convention, not Congress, provided the political impetus for calling the Constitutional Convention. The delegates from the 5 states participating at Annapolis concluded that a broader convention was needed to address the nation’s concerns. They named the time and date (Philadelphia; second Monday in May). Convention, not Congress, provided the political impetus for calling the Constitutional Convention. The delegates from the 5 states participating at Annapolis concluded that a broader convention was needed to address the nation’s concerns. They named the time and date (Philadelphia; second Monday in May).
  
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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”).
  
-{{:documents:cosproject:surge:surge-3-2.png?800|}} +{{:documents:cosproject:surge:surge-3-2.png?800|History tells the story. The Constitution was legally adopted. 
-<blockquote>History tells the story. \\ +Now, let’s move on to getting our nation back to the greatness the Founders originally envisioned.}} 
-The Constitution was legally adopted. +----
-Now, let’s move on to getting our nation back to the greatness the Founders originally envisioned. +
-</blockquote> +
 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 21<sup>st</sup> resolution from Congress was merely “a recommendatory act.” 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 21<sup>st</sup> resolution from Congress was merely “a recommendatory act.”
  
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 **The Ratification Process Was Properly Changed** **The Ratification Process Was Properly Changed**
  
-The Articles of Confederation required any amendments to be approved by Congress and ratified by all 13 state legislatures. Moreover, the Annapolis Convention and +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.
- +
-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 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.
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 When the Convention sent its draft of the Constitution to Congress, it also recommended a new ratification process. Congress approved both the Constitution itself and the new process. When the Convention sent its draft of the Constitution to Congress, it also recommended a new ratification process. Congress approved both the Constitution itself and the new process.
  
-Along with changing the number of required states from 13 to 9, the new ratification process required that state conventions ratify the Constitution rather than state legislatures. This was done in +Along with changing the number of required states from 13 to 9, the new ratification process required that state conventions ratify the Constitution rather than state legislatures. This was done in accord with the preamble of the Constitution—the Supreme Law of the Land would be ratified in the name of “We the People” rather than “We the States.”
- +
-accord with the preamble of the Constitution—the Supreme Law of the Land would be ratified in the name of “We the People” rather than “We the States.”+
  
 **But before this change in ratification could be valid, //all 13 state legislatures would also have to consent to the new method. //All 13 state legislatures did just this by calling conventions of the people to vote on the merits of the Constitution.** **But before this change in ratification could be valid, //all 13 state legislatures would also have to consent to the new method. //All 13 state legislatures did just this by calling conventions of the people to vote on the merits of the Constitution.**
documents/cosproject/surge/article_3-answeringtherunawayconventionmyth.txt · Last modified: 2022/01/01 12:07 by Oliver Wolcott