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

§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.

Chapter XLVI.

Amendments to the Constitution.

§1. It is remarkable that, during a period of seventy years, the constitution has received so few alterations. Although twelve articles of amendment, so called, have been adopted, only two, (the 11th and 12th,) have in any manner or degree changed any of its original provisions. Most of them, it will be seen, are merely declaratory and restrictive. As the principles which they declare were so generally acknowledged, and as the general government was a government of limited powers, having such only as were expressly authorized by the constitution, the framers deemed these declarations and restrictions unnecessary. But as several of the state conventions had, at the time of adopting the constitution, expressed a desire that declarations and guaranties of certain rights should be added, in order to prevent misconstruction and abuse, the first congress, at its first session, proposed twelve amendments, ten of which were ratified by the requisite number of states. Virginia, the last state necessary to make up such number, ratified December 15, 1791.

§2. Freedom in matters of religion, freedom of speech and of the press, and the right to petition the government for the redress of grievances, guarantied in the first article, are rights so essential to civil liberty, and so evidently just, that it can hardly be presumed that congress would ever have passed laws directly violating these rights, even though such laws had not been prohibited.