documents:cosproject:surge:article_3-answeringtherunawayconventionmyth
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documents:cosproject:surge:article_3-answeringtherunawayconventionmyth [2018/03/26 10:22] – Oliver Wolcott | documents:cosproject:surge:article_3-answeringtherunawayconventionmyth [2022/01/01 12:07] (current) – Oliver Wolcott | ||
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====== Article 3 - Answering the Runaway Convention Myth ====== | ====== Article 3 - Answering the Runaway Convention Myth ====== | ||
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<WRAP center round download 60%> | <WRAP center round download 60%> | ||
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===== Can We Trust the Constitution? | ===== Can We Trust the Constitution? | ||
- | **By Michael Farris, JD, LLM** | + | **By Michael Farris, JD, LLM** \\ |
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: | ||
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What authority did the Articles of Confederation give to Congress to call such a Convention? None. The power of Congress under the Articles was strictly limited, and there was no theory of implied powers. The states possessed residual sovereignty which included the power to call this convention. | What authority did the Articles of Confederation give to Congress to call such a Convention? None. The power of Congress under the Articles was strictly limited, and there was no theory of implied powers. The states possessed residual sovereignty which included the power to call this convention. | ||
- | **Seven state legislatures agreed to send delegates to the Constitutional Convention //prior to the time that////Congress acted to endorse it//.** The states told their delegates that the purpose of the Convention was the one stated in the Annapolis Convention resolution: “to render the constitution of the Federal Government adequate for the exigencies of the Union.” | + | **Seven state legislatures agreed to send delegates to the Constitutional Convention //prior to the time that Congress acted to endorse it//.** The states told their delegates that the purpose of the Convention was the one stated in the Annapolis Convention resolution: “to render the constitution of the Federal Government adequate for the exigencies of the Union.” |
Congress voted to endorse this Convention on February 21, 1787. It did not purport to “call” the Convention or give instructions to the delegates. It merely proclaimed that “in the opinion of Congress, it is expedient” for the Convention to be held in Philadelphia on the date informally set by the Annapolis Convention and formally approved by 7 state legislatures. | Congress voted to endorse this Convention on February 21, 1787. It did not purport to “call” the Convention or give instructions to the delegates. It merely proclaimed that “in the opinion of Congress, it is expedient” for the Convention to be held in Philadelphia on the date informally set by the Annapolis Convention and formally approved by 7 state legislatures. |
documents/cosproject/surge/article_3-answeringtherunawayconventionmyth.1522074173.txt.gz · Last modified: 2018/03/26 10:22 by Oliver Wolcott