The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

Chapter XLV.

Provision for Amendments; Assumption of Public Debts; Supremacy of the Constitution, &c.; Oaths and Tests; Ratification of the Constitution.

§1. The 5th article provides for amending the constitution. It prescribes two different modes for proposing amendments, and two modes of ratifying them. Amendments may be proposed by two-thirds of both houses of congress; or, on the application or request of two-thirds of the states, congress shall call a convention for proposing amendments. Proposed in either of these modes, amendments, to become valid as parts of the constitution, must be ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths of them; the mode of ratification, whether by the legislatures or by conventions, to be proposed by congress.

§2. As the best human government is imperfect, and as all the future wants and necessities of a people can not be foreseen and provided for, it is obvious that every constitution should contain some provision for its amendment. But if amendments could be made whenever desired by a bare majority of the states, the strength and efficiency of the constitution might be greatly impaired by frequent alterations. It is therefore wisely provided, that a mere proposition to amend cannot be made but by a majority of at least two-thirds of congress, or of the legislatures of at least of two-thirds of the states; and that such proposition must be ratified by a still larger majority (three-fourths) of the states. It was thought better to submit occasionally to some temporary inconvenience, than to indulge in frequent amendments of the constitution.

§3. The 6th article acknowledges the obligation of the general government to pay "all debts contracted before the adoption of the constitution." As has been observed, congress had borrowed money for the payment of which it was unable to provide; and one object of a change of government was to make provision for fulfilling the engagements of the nation. This clause, it is said, was also intended to allay the fears of public creditors, who apprehended that a change in the government would release the nation from its obligations.

§4. The next clause declares, "This constitution, and the laws made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding." If all state authorities were not bound by the constitution and laws of the United States, nothing would have been gained by the union. If the laws and treaties made by the general government could be disregarded or nullified by any power in a state, why was power to make them given to the general government?

§5. The last clause of the 4th article requires certain officers, both of the United States and of the several states to be "bound by oath or affirmation to support this constitution." Binding the conscience of public officers by oath or solemn affirmation, has ever been considered necessary to secure a faithful performance of their duties. They are generally required to swear not only to support the constitution, but also to discharge the duties of their offices to the best of their ability.

§6. The same clause declares that "no religious test shall ever be required as a qualification to any office or public trust under the United States." Test here means an oath or a declaration in favor of or against certain religious opinions, as a qualification for office. In England, all officers, civil and military, were formerly obliged to make a declaration against transubstantiation, and to assent to the doctrines and conform to the rules of the established church. Desirous of securing to every citizen the full enjoyment of religious liberty, the introduction of tests was prohibited by the constitution.

§7. The 7th and last article declares: "The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same." The immediate ratification of the constitution by all the states was hardly to be expected; a unanimous ratification, therefore, was not required. But a union of less than nine states was deemed inexpedient. The framers concluded their labors on the 17th of September, 1787; and in July, 1788, the ratification of New Hampshire, the ninth state, was received by congress.

§8. The dates of the ratifications of the several states are as follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 1790. The two last named states did not accede to the constitution until after proceedings under it had commenced. The ratification of North Carolina was received by congress in January, 1790; that of Rhode Island in June following.

§9. The first Wednesday of January, 1789, was appointed by congress for choosing electors of president in the several states, and the first Wednesday of February for the electors to meet in their respective states to elect the president. Gen. Washington was unanimously elected, and on the 30th of April was inaugurated president. Proceedings under the constitution, however, had commenced on the 4th of March preceding.