Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: WhiskeyPapa
Constitution of the United States is liekwise a compact made by the people of the United States to govern themselves as to general objects, in a certain manner. By this great compact however, many prerogatives were transferred to the national Government, such as those of making war and peace, contracting alliances, coining money, etc."

Funny then that it was by states the Constituion was ratified, not a general vote of the whole people, each state had to give it's permission to have those "perogatives" transferred to the National government. Most of them had already been transferred by the Ariticles of Confederation, but the national government under the Articles was too weak to properly carry out it's duties. The main weakness was it's inability to generate it's own revenues, and to take certain actions without express permission from the states. The national government wasn't really sovereign, even in it's areas of responsibility, and that was what the Constitution was written to correct. Of course it was still strictly limited to action in only those areas ceded to it by the states, but nobody pays any attention these days to that part of the document written by those dead white mean.

162 posted on 05/03/2002 3:20:44 PM PDT by El Gato
[ Post Reply | Private Reply | To 5 | View Replies ]


To: El Gato
Funny then that it was by states the Constituion was ratified, not a general vote of the whole people, each state had to give it's permission to have those "perogatives" transferred to the National government.

The Constitution was ratified in special conventions, not by the state legislatures.

The people are the sovereigns of the country, not the states.This is stated explicitly in four seminal court cases:

Chisholm v Georgia, 1793

Martin v. Hunters' Lessee, 1816

Mccullough v. Maryland, 1819

Coihen v. Virginia, 1821

Walt

171 posted on 05/03/2002 3:56:40 PM PDT by WhiskeyPapa
[ Post Reply | Private Reply | To 162 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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