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To: 4ConservativeJustices
The states collectively and severally created the FEDERAL government - not the other way around.

That is not true.

The Constitution was ratified in special conventions called for the purpose -- the states were bypassed.

Chief Justice Marshall said as much.

Now, one of you neo-rebs has --quoted-- Chief Justice Marshall's majority opinion in McCullough v. Maryland from 1819 in an attempt to skew perception of these events -- (I think it was you. If not, please deny.)

So you --know-- better and yet you persist in an interpretation that is ahistorical.

From McCullough:

"The convention which framed the constitution was, indeed, elected by the State legislatures. But the instrument, when it came from their hands, was a mere proposal, without obligation, or pretensions to it. It was reported to the then existing Congress of the United States, with a request that it might "be submitted to a convention of Delegates, chosen in each State, by the people thereof, under the recommendation of its legislature, for their assent and ratification." This mode of proceeding was adopted; and by the Convention, by Congress, and by the State Legislatures, the instrument was submitted to the people. They acted upon it, in the only manner in which they can act safely, effectively, and wisely, on such a subject, by assembling in Convention. It is true, they assembled in their several States; and where else should they have assembled? No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass. Of consequence, when they act, they act in their States. But the measures they adopt do not, on that account cease to be the measures of the people themselves, or become the measures of the state governments."

The people ratified the Constitution, not the states.

Walt

27 posted on 12/10/2002 10:30:54 AM PST by WhiskeyPapa
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To: WhiskeyPapa
I cite lots of cases ;o) But an attempt to skew the "record"? I think not. Neo-reb? Again, I think not.

The point made is that the people of every existing state did not - in unison - ratify the Constiutution. The people of EACH state individually (unilaterlly) assembled in convention to vote up or down. Given that 9 of 13 states' ratifications would give life to the new union (via secession from the old one) if my math is correct there would be 715 possible combinations of ratifications that would produce that result. The people of New York could not - and did NOT - vote for the people of Georgia.

29 posted on 12/10/2002 10:45:18 AM PST by 4CJ
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