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To: 4ConservativeJustices
do by these Presents [this document, under these terms and conditions],

According to my references, this interpretation is inaccurate:

The phrase "by these presents" is used to refer to the document or instrument in which the phrase occurs.

The way I read that, by these presents simply means "via this document." The same way you say "with this ring I thee wed", you say "by these presents, we assent." There is nothing inherent to that phrase which implies anything conditional. In fact, as I already said, they voted against a conditional ratification, choosing rather to pass resolutions which were no more than recommendations and statements of their disposition.

Once again, I have provided evidence to support my argument. When will you bother to do the same? Don't tell me what you think. Show me what an expert or authoritative reference says. Then we can talk.

50 posted on 05/16/2002 5:14:54 PM PDT by Huck
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To: Huck
Once again, I have provided evidence to support my argument. When will you bother to do the same? Don't tell me what you think. Show me what an expert or authoritative reference says. Then we can talk.

If you want evidence that a company wanted to build new headquarters, do you need to ask a committee what they decided, or simply look at the skyscaper?

The ratifications are in two parts - the actual ratification - with it's statement of facts - that certain terms are understood, that certain rights cannot be denied, that certain actions are reserved. It then states that these reservations and stipulations are irrevocable, and under these circumstances - as evidenced by the document in question (the ratification) the state ratifies the Constitution.

After the ratification they present a list of proposed amendments. The ratification did not amend the Constitution, it set the terms for acceptance of one party, to be accepted/rejected by the other parties.

79 posted on 05/17/2002 4:09:32 AM PDT by 4CJ
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