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To: 4ConservativeJustices
When the 9th state ratified the Constitution, 4 states were external to that new union. It was NOT a union of all the existing states.

Good point. The Constitution requires only that nine States ratify it, in order to become operative. Fortunately, as Madison was discussing with others, all 13 eventually ratified, sidestepping a major constitutional crisis in which nine states would thenceforth be bound to one another by the Constitution, and the other four would continue to be bound to one another and to the nine by the "perpetual" Articles of Confederation, with a completely different (because truly federal) form of government that had no Executive or Judiciary.

Now that would have been interesting to contemplate, and supposedly Madison did lose a little sleep thinking about the possibility.

But as you say, from the moment the ninth State ratified, the Constitution came into force......without the other four States, who were still outside it, and under the Articles.

458 posted on 06/23/2003 6:01:40 PM PDT by lentulusgracchus
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To: lentulusgracchus
Speaking of "perpetual", the New England Confederacy was also self-styled as perpetual, yet was dissolved after 40 years. Perpetual in law means 'without limitation as to time' or without a FIXED end. The "perpertual" Articles didn't even last a fraction of that time. By the time the Constitution was written, the founders gave up on expressing it as "perpetual". I wonder why? </sarcasm>
462 posted on 06/23/2003 8:54:22 PM PDT by 4CJ ("No man's life, liberty or property are safe while the legislature is in session.")
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