Constitutional convention

“ That a state convention Constitutional Rights. should have the final power of decision on the question which it was summoned to consider is quite as radical doctrine as has yet been heard of; that a state convention, summoned to consider the one of secession, should go on, with no appeal to any further popular authority or mandate, to send delegates to meet those of other states and form a new national government, which could only exist by warring on the United States, is a novel feature in American Constitutional law. It was revolution or nothing. ”

“ FORMATION AND ADOPTION.--As the whole people can not assemble in one place to frame and adopt a constitution, they elect delegates to a constitutional convention. The convention usually meets at the capital, deliberates, frames articles for a proposed constitution, and in nearly all cases submits them to the people. The people make known their will in a general election, and if a majority vote in favor of adopting the proposed constitution, it becomes the constitution of the State. ”

“ First. The intention of the body which framed the Constitution. ...
1. When the members on the floor, who were members of the General Convention, particularly a member from Georgia and himself, were called on in a former debate for the sense of that body on the Constitutional question, it was a matter of some surprise, which was much increased by the peculiar stress laid on the information expected. He acknowledged his surprise, also, at seeing the Message of the Executive appealing to the same proceedings in the General Convention, as a clue to the meaning of the Constitution. ”

“ The proceedings of the original Constitutional Convention show beyond all doubt that the power to veto or negative state laws was denied Congress. On several occasions proposals were submitted to the convention to grant this power to Congress. These proposals were debated extensively and on every occasion when submitted for vote they were overwhelmingly rejected. [3] The refusal to give Congress this extraordinary power to veto state laws was based on the belief that if such power resided in Congress the States would be helpless to function as effective governments. [4] ”

“ Enough that in our previous separate histories we have had constitutional conventions to draw up both national and state constitutions. Many men who have taken part in such conventions are now living. ”

“ An amendment to the constitution may be secured by a three-fifths vote of each house, ratified by a vote of the people. A constitutional convention may be called when voted by a majority of each house, and ratified by the people, and the power of such convention in altering, revising, or amending the constitution is subject to no restrictions. ”

“ The State shall conduct regular public oversight hearings of the State agencies and revenues.
Article X: Amendment Section 1. An amendment to this Constitution may be proposed by a Constitutional Convention. At least every ten years, the Legislature shall submit to the voters the question: "Shall there be a Convention to amend the Constitution?" If a majority of ballots cast upon the question is in the affirmative, delegates to the Convention shall be chosen no later than the next regular election in the State. ”

“ How is it possible, for a moment, to reconcile the notion, that each state is the supreme judge for itself of the construction of the constitution, with the very first resolution of the convention, which formed the constitution: "Resolved, &c. that a national government ought to be established, consisting of a supreme, legislative, judiciary, and executive?" ”

“ The more the system advanced the more was I impressed with the necessity of not merely attempting to secure a few rights, but of digesting and forming a complete bill of rights, including those of states and of individuals, which should be assented to, and prefixed to the Constitution, to serve as a barrier between the general government and the respective states and their citizens ”

“ From these conventions the constitution derives its whole authority. The government proceeds directly from the people; is 'ordained and established' in the name of the people; and is declared to be ordained, 'in order to form a more perfect union, establish justice, ensure domestic tranquillity, and secure the blessings of liberty to themselves and to their posterity.' The assent of the states, in their sovereign capacity, is implied in calling a convention, and thus submitting that instrument to the people. ”

“ It is a Constitution which binds the people of every State, as the supreme law of the land, until it can be changed by the action, in the first instance, of those who are sworn to support it. No amendments can, consistently with the letter or the spirit of the Constitution, be proposed by Congress, unless two-thirds of both houses, acting under the responsibility of their official oaths, shall "deem them necessary." ”

“ The Legislature of the United States shall have power to pass all laws which they shall judge necessary to the common defence and general welfare of the Union: But no Bill, Resolution, or act of the Senate and Assembly shall have the force of a law until it shall have received the Assent of the President, or of the vice-President when exercising the powers of the President ”

“ I have the honour to inclose, pursuant to my commission, the constitution proposed by the federal convention.
To this system I gave my dissent, and shall submit my objections to the honourable legislature.
It was painful for me, on a subject of such national importance, to differ from the respectable members who signed the constitution: But conceiving as I did, that the liberties of America were not secured by the system, it was my duty to oppose it. ”

“ As the constitution stood when the convention assembled it was in the power of the legislature-of any legislature-at any time, under the pressure of any influence, to release the lien of the State on the roads, or to make any other compromise of the claim of the State. ”

“ Are we yet at the mercy of State discretion, and State construction? Sir, if we are, then vain will be our attempt to maintain the constitution under which we sit. But, sir, the people have wisely provided, in the constitution itself, a proper, suitable mode and tribunal for settling questions of constitutional law. There are, in the constitution, grants of powers to Congress, and restrictions on these powers. ”

“ The state legislatures will not apply for alterations, but with a view to increase their own powers. The national legislature will be the first to perceive, and will be most sensible to, the necessity of amendments; and ought also to be empowered, whenever two thirds of each branch should concur, to call a convention. ”

“ Before any election at which the voters of the entire state will vote on any initiated or referred constitutional amendment or legislation, the nonpartisan research staff of the general assembly shall cause to be published the text and title of every such measure. Such publication shall be made at least one time in at least one legal publication of general circulation in each county of the state and shall be made at least fifteen days prior to the final date of voter registration for the election. ”

“ With respect to a bill of rights, had the government been formed upon principles truly federal, as I wished it, legislating over and acting upon the states only in their collective or political capacity, and not on individuals, there would have been no need of a bill of rights, as far as related to the rights of individuals, but only as to the rights of states. ”

“ We have seen, that in the new Government, as in the old, the general powers are limited; and that the States, in all unenumerated cases, are left in the enjoyment of their sovereign and independent jurisdiction.
The truth is, that the great principles of the Constitution proposed by the Convention may be considered less as absolutely new, than as the expansion of principles which are found in the Articles of Confederation. ”

“ The Constitution, sir, now under consideration, was framed (I shall say) by the wisdom of a General Convention of the United States; it now lies before us to wait our concurrence or disapprobation. We, sir, as citizens and freemen, have an undoubted right of judging for ourselves; it therefore behooves us most seriously to consider, before we determine a matter of such vast magnitude. We are not acting for ourselves alone, but, to all appearance, for generations unborn. ”

“ Every person, capable of reading, must discover, that the convention have labored to draw the line between the federal and provincial powers—to define the powers of Congress, and limit them to those general concerns which must come under federal jurisdiction, and which cannot be managed in the separate legislatures—that in all internal regulations, whether of civil or criminal nature, the states retain their sovereignty, and have it guaranteed to them by this very constitution. ”

“ We do, therefore, in behalf of our constituents, in the most earnest and solemn manner, make this application to Congress, that a convention be immediately called, of deputies from the several States, with full power to take into their consideration the defects of this Constitution, that have been suggested by the state conventions, and report such amendments thereto, as they shall find best suited to promote our common interests, and secure to ourselves and our latest [Pg 350] posterity the great and unalienable rights of mankind. ”

“ If the division of federal powers central to the constitutional scheme is to succeed in its objective, it seems to me that the fundamental nature of those powers must be preserved as that nature was understood when the Constitution was enacted. ”

“ On this subject can any thing be more pointed than the provisions of the constitution, which, contrary to most of the other provisions, cannot be altered but with the consent of every State in the Union. Why then shall we cry over what we cannot prevent, like a school boy? Each State, so long as she confines herself within the limits of her constitutional powers, must be the exclusive judge of her own conduct; and it becomes not one State, influenced by different feelings, habits, and interests, to pronounce upon the conduct of another. ”

“ The Congress was created on the assumption that enactment of this free country's laws could be safely entrusted to the representatives of the people in Congress, and to no other official or government agency. The people who are called on to obey laws have a constitutional right to have them passed only in this constitutional way. ”

“ I was afraid that if the constitution was to be submitted to the people, to be wholly adopted or wholly rejected by them, they would not only reject it, but bid a lasting farewell to the union. This formidable event I wished to avert, by keeping myself free to propose amendments, and thus, if possible, to remove the obstacles to an effectual government. But it will be asked, whether all these arguments, were not be well weighed in convention. ”

“ The power competent to ordain the constitution is always competent to change, modify, or amend it. That amendments to the constitution of the government can be adopted only by being proposed by a convention of all the States in the Union, or by being proposed, by a two-thirds vote of both houses of Congress, and ratified by three-fourths of the States, is simply a conventional ordinance, which the convention can change at its pleasure. ”

“ But the proposed constitution being intended and empowered to act not only on states, but also immediately on individuals, it renders a recognition and a stipulation in favour of the rights both of states and of men, not only proper, but in my opinion absolutely necessary. I endeavoured to obtain a restraint on the powers of the general government, as to standing armies, but it was rejected. ”

“ The ordinance is founded, not on the indefeasible right of resisting acts, which are plainly unconstitutional and too oppressive to be endured; but on the strange position, that any one state may not only declare an act of congress void, but prohibit its execution,—that they may do this consistently with the constitution,—that the true construction of that instrument permits a state to retain its place in the Union, and yet be bound by no other of its laws, than those it may choose to consider as constitutional. ”

“ The proposition for amendments may arise from Congress itself, when two thirds of both houses shall deem it necessary. If they should not, and yet amendments be generally wished for by the people, two thirds of the legislatures of the different states may require a general convention for the purpose, in which case Congress are under the necessity of convening one. ”

“ Whenever our national legislature is led to overleap the prescribed bounds of their constitutional powers, on the State Legislatures, in great emergencies, devolves the arduous task—it is their right—it becomes their duty, to interpose their protecting shield between the right and liberty of the people, and the assumed power of the General Government. ”

“ Even our most solemn instruments of government, framed and adopted as the constitutions of our state governments, are not only not founded upon the assent of all the people within the territorial jurisdiction; but that assent is expressly excluded by the very manner, in which the ratification is required to be made. That ratification is restricted to those, who are qualified voters; and who are, or shall be qualified voters, is decided by the majority in the convention or other body, which submits the constitution to the people. ”

“ But although the Constitution proposed for the United States is likely to obviate most of the inconveniences we labored under, yet several parts of it appear so exceptionable to us, that we are clearly of opinion considerable amendments are essentially necessary. In full confidence, however, of obtaining a revision of such exceptionable parts by general convention, and from a desire to harmonize with our fellow-citizens, we are induced to acquiesce in the organization of the said Constitution. ”