large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb_1
large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb
English
475
Will it be said that the alterations ought not to have touched the substance of the Confederation? The States would never have appointed a convention with so much solemnity, nor described its objects with so much latitude, if some SUBSTANTIAL reform had not been in contemplation. WILL IT BE SAID THAT THE ALTERATIONS OUGHT NOT TO HAVE TOUCHED THE SUBSTANCE OF THE CONFEDERATION THE STATES WOULD NEVER HAVE APPOINTED A CONVENTION WITH SO MUCH SOLEMNITY NOR DESCRIBED ITS OBJECTS WITH SO MUCH LATITUDE IF SOME SUBSTANTIAL REFORM HAD NOT BEEN IN CONTEMPLATION
 that these expressions are absolutely irreconcilable to each other; that no ALTERATIONS or PROVISIONS in the articles of the confederation could possibly mould them into a national and adequate government; into such a government as has been proposed by the convention? No stress, it is presumed, will, in this case, be laid on the TITLE; a change of that could never be deemed an exercise of ungranted power. ALTERATIONS in the body of the instrument are expressly authorized. NEW PROVISIONS therein are also expressly authorized. Here then is a power to change the title; to insert new articles; to alter old ones. Must it of necessity be admitted that this power is infringed, so long as a part of the old articles remain? Those who maintain the affirmative ought at least to mark the boundary between authorized and usurped innovations; between that degree of change which lies within the compass of ALTERATIONS AND FURTHER PROVISIONS, and that which amounts to a TRANSMUTATION of the government. ECESSARY TO SUPPOSE THAT THESE EXPRESSIONS ARE ABSOLUTELY IRRECONCILABLE TO EACH OTHER THAT NO ALTERATIONS OR PROVISIONS IN THE ARTICLES OF THE CONFEDERATION COULD POSSIBLY MOULD THEM INTO A NATIONAL AND ADEQUATE GOVERNMENT INTO SUCH A GOVERNMENT AS HAS BEEN PROPOSED BY THE CONVENTION NO STRESS IT IS PRESUMED WILL IN THIS CASE BE LAID ON THE TITLE A CHANGE OF THAT COULD NEVER BE DEEMED AN EXERCISE OF UNGRANTED POWER ALTERATIONS IN THE BODY OF THE INSTRUMENT ARE EXPRESSLY AUTHORIZED NEW PROVISIONS THEREIN ARE ALSO EXPRESSLY AUTHORIZED HERE THEN IS A POWER TO CHANGE THE TITLE TO INSERT NEW ARTICLES TO ALTER OLD ONES MUST IT OF NECESSITY BE ADMITTED THAT THIS POWER IS INFRINGED SO LONG AS A PART OF THE OLD ARTICLES REMAIN THOSE WHO MAINTAIN THE AFFIRMATIVE OUGHT AT LEAST TO MARK THE BOUNDARY BETWEEN AUTHORIZED AND USURPED INNOVATIONS BETWEEN THAT DEGREE OF CHANGE WHICH LIES WITHIN THE COMPASS OF ALTERATIONS AND FURTHER PROVISIONS AND THAT WHICH AMOUNTS TO A TRANSMUTATION OF THE GOVERNMENT
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