Ratification

“ The nationalists in the Convention, intent on having some national Articles, knew that the proposed ratification must be by the people themselves, “felt and acknowledged by all” to be the only competent grantors of national powers. ”

“ I would therefore propose to you, Gentlemen, that, upon the ground of the article not having been in the plan given for our guidance, and of doubts, which have arisen among ourselves about the approbation it might meet with, if it should be unrejected by the Court here, that we should propose that both the articles be left open to be rejected or admitted by Congress, without affecting their ratification of the rest of the treaty. ”

“ But whatever might have been the opinions entertained in forming the Constitution, it was the duty of all to support it in its true meaning as understood by the Nation at the time of its ratification. No one felt this obligation more than I have done; and there are few perhaps whose ultimate & deliberate opinions on the merits of the Constitution, accord in a greater degree with that obligation. ”

“ The express authority of the people alone could give due validity to the constitution. To have required the unanimous ratification of the thirteen states, would have subjected the essential interests of the whole, to the caprice or corruption of a single member. ”

“ Thirdly, as ratification is but the expression of the approbation of the people and is to be effective when had in three-fourths of the states, there is a fair implication that it must be sufficiently contemporaneous in that number of states to reflect the will of the people in all sections at relatively the same period, which of course ratification scattered through a long series of years would not do. ”

“ Added to other objections against a ratification by the legislative authority only, it may be remarked, that there have been instances in which the authority of the common law has been set up in particular states against that of the Confederation, which has had no higher sanction than legislative ratification. Whose opposition will be most likely to be excited against the system? ”

“ And hence, those who are unwilling to admit the consequences, have been found to deny that the constitution is a compact; in the face of facts as well established as any in our political history, and in utter disregard of that provision of the constitution, which expressly declares, that the ratification of nine States shall be sufficient to establish it "between the States so ratifying the same." ”

“ It has been insinuated, that his authority, in this respect, is not conclusive; and that his conventions with foreign powers are subject to the revision, and stand in need of the ratification of parliament. But, I believe, this doctrine was never heard of, till it was broached upon the present occasion. Every jurist of that kingdom, and every other man acquainted with its constitution, knows, as an established fact, that the prerogative of making treaties exists in the crown in its utmost plenitude ”

“ We conclude that the fair inference or implication from article 5 is that the ratification must be within some reasonable time after the proposal.
Of the power of Congress, keeping within reasonable limits, to fix a definite period for the ratification we entertain no doubt. As a rule the Constitution speaks in general terms, leaving Congress to deal with subsidiary matters of detail as the public interests and changing conditions may require ”

“ It is especially worthy of notice that, in some, if not in all, the conventions that ratified the constitution, although the ratification was accompanied by such urgent recommendations of amendments, and by an almost absolute assurance that they would be made, it was nevertheless secured only by very small majorities. ”

“ Wythe's resolution of ratification now came to a vote. No more carefully worded paper for the purposes it was intended to accomplish ever was laid before a deliberative body. It reassured those who feared the Constitution, in language which went far to grant most of their demands; and while the resolve called for ratification, yet, "in order to relieve the apprehensions of those who may be solicitous for amendments," it provided that all necessary amendments be recommended to Congress. ”

“ Carmichael. Perhaps a joint letter should be written to Fennish; if you think so, be so good as to write and sign one and send it with the ratification, and I will sign and forward it. The other ratification is to go to Congress. Colonel Franks wishes to proceed with the papers to that body. He should do it, I think, immediately, as Mr. Jay, in a letter to me of October 26th, says that Congress have heard through the French Chargé des Affaires, that the treaty was signed, and they wonder they have not heard it from us. ”

“ It is true that the power to legislate in the enactment of the laws of a state is derived from the people of the state. But the power to ratify a proposed amendment to the federal Constitution has its source in the federal Constitution. The act of ratification by the state derives its authority from the federal Constitution to which the state and its people have alike assented. ”

“ The streams of national power ought to flow and should flow immediately from the highest original fountain of all legitimate authority. [7] And, accordingly, the advocates of the constitution so treated it in their reasoning in favour of its adoption. "The constitution," said the Federalist, "is to be founded on the assent and ratification of the people of America, given by deputies elected for that purpose; but this assent and ratification is to be given by the people, not as individuals composing a whole nation, but as composing the distinct and independent states, to which they belong." ”

“ An engrossed form of the ratification agreed to yesterday, containing the proposed Constitution of government, as recommended by the federal Convention on the seventeenth day of September, one thousand seven hundred and eighty-seven, being prepared by the secretary, was read and signed by the president, in behalf of the Convention. ”

“ It is understood, that at several periods, the convention were upon the point of breaking up without accomplishing any thing. [11] In the state conventions, in which the constitution was presented for ratification, the debates were long, and animated, and eloquent; and, imperfect as the printed collections of those debates are, enough remains to establish the consummate ability, with which every part of the constitution was successively attacked, and defended. ”

“ Hardly is it to be expected that any plan, in the variety of provisions essential to our union, should exactly correspond with the maxims and political views of every particular state. Let it be remarked, that, after the most careful inquiry, and the fullest information, this is proposed as the best which could be adapted to the circumstances of all, and as that alone which affords any tolerable prospect of general ratification. ”

“ Their understanding and knowledge of its meaning become very clear to us, when we read it, as they heard it from Madison, fresh from their great debate as to the grant of enumerated powers in their First Article and their proposal of a ratification by “conventions” as the only valid mode of ratification for an Article which grants power to interfere with human freedom. ”

“ The Parliament must be immediately notified about the conclusion of treaties and other international agreements.
4. If a Constitutional Complaint or Submission to the Constitutional Court regarding a treaty or international agreement is made, then ratification is prohibited before a decision is made by the Constitutional Court. ”

“ Most of the majority wd decide as the Convention did because they think there may be some Treaties, as a Mere Treaty of peace that would not require the Legislative power—a ratification by law also expressed a different idea from that entertained by the House of its agency. ”

“ In the case of a nation without a national legislature, the head of the national government shall be requested to give preliminary ratification and to submit the World Constitution for final ratification by popular referendum. ”

“ Each power, signatory or adherent to this convention, severally agrees with all other parties hereto that it will not exchange the ratification of any treaty or convention hereinafter entered into by it with any other power until thirty days after the full text of such treaty or convention has been published in the public press of the parties thereto and a copy has been filed with the Secretariat of the League of Nations. ”

“ That where an agent, without precedent authority, has exercised, in the name of a principal, a power which the principal had the capacity to bestow, the principal may ratify and affirm the unauthorized act, and thus retroactively give it validity when rights of third persons have not intervened, is so elementary as to need but statement. That the power of ratification as to matters within their authority may be exercised by Congress, state governments, or municipal corporations, is also elementary. ”

“ It is only with infinite reluctance that I consent to any such admission, which, in the endeavor to satisfy ungenerous scruples, weakens all those texts which are so important for Human Rights.
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The hesitation to present the Amendment is increased, when we consider the difficulties in the way of its ratification. I am no arithmetician, but I understand that nobody has yet been able to enumerate the States whose votes can be counted on to assure its ratification within any reasonable time. ”

“ Recognizing the importance of the interests at stake, another Federalist writer, “Civis,” in the Maryland Journal of February 1, 1788, appeals to the voters for delegates to the coming state convention to be circumspect in order to procure the ratification of the Constitution. ”

“ If not technically a treaty requiring ratification, nevertheless it was a compact authorized by the Congress of the United States, negotiated and proclaimed under the authority of its President. We think such a compact is a treaty under the circuit court of appeals act, and, where its construction is directly involved, as it is here, there is a right of review by direct appeal to this court. ”

“ We definitely held that Article V impliedly requires amendments submitted to be ratified within a reasonable time after proposal; that Congress may fix a reasonable time for ratification, and that the period of seven years fixed by the Congress was reasonable. ”

“ Urges all States that have signed but not yet ratified the Treaty, in particular those whose ratification is needed for its entry into force, to accelerate their ratification processes with a view to ensuring their earliest successful conclusion ”

“ Owing its ratification to the law of a State, it has been contended that the same authority might repeal the law by which it was ratified. However gross a heresy it may be to maintain that a PARTY to a COMPACT has a right to revoke that COMPACT, the doctrine itself has had respectable advocates. The possibility of a question of this nature proves the necessity of laying the foundations of our national government deeper than in the mere sanction of delegated authority. The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. ”

“ No exchange or addition of territory shall be valid without the consent of the people concerned, who shall be consulted by means of a referendum. If the Supreme Court of Justice, consulted by the President of the Popular Movement of the Revolution, declares that a treaty or an international agreement contains a clause contrary to the Constitution, the ratification can only take place after the revision of the Constitution. ”

“ The Representatives of the Powers acknowledged to the Minister of France the deposit of the ratification by the President of the French Republic, as well as the exception concerning Articles XXI, XXII, XXIII, and XLII to LXI.
It is understood that the Powers which have ratified the General Act in its entirety recognize that they are reciprocally bound with respect to all its clauses. ”