Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: WhiskeyPapa; lentulusgracchus
Reagrdless of what idiotic postings Marshall authored after ratification, his statements in the Virginia ratification debates asserted that the union was comprised of sovereign, independant states, predating the union:
"The state governments did not derive their powers from the general government; but each government derived its powers from the people, and each was to act according to the powers given it. Would any gentleman deny this? He [Marshall] demanded if powers not given were retained by implication. Could any man say so? Could any man say that this power was not retained by the states, as they had not given it away? For, says he, does not a power remain till it is given away?"

"All the restraints intended to be laid on the state governments (besides where an exclusive power is expressly given to Congress) are contained in the 10th section of the 1st article."
John Marshall, 16 Jun 1788, (Elliot's Debates, Vol. III, p. 419)

Again, for the brain-dead neocon-artists posing as experts on the subject, the issue of the state legislatures ratifing the Constitution was defeated 3-7. Having it ratified by 'assemblies chosen by the people' was accepted 9-1. Plural for a reason.

'Mr. GOUVERNEUR MORRIS moved, that the reference of the plan be made to one general convention, chosen and authorized by the people, to consider, amend, and establish the same.' The result for the hundredth time: 'Not seconded.' (See Eliott's Debates Vol. V., p. 356.)

Not even a second. Not from Hamilton or any other Federalist attending. Not one person other than Morris would argue for consolidation. John Marshall et al, in dicta or otherwise, cannot do what the convention REFUSED to do.

348 posted on 06/18/2003 9:23:36 PM PDT by 4CJ (If at first you don't secede, try, try again.)
[ Post Reply | Private Reply | To 321 | View Replies ]


To: 4ConservativeJustices
That's pathetic.

Walt

350 posted on 06/18/2003 9:40:29 PM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
[ Post Reply | Private Reply | To 348 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson