large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb_18
large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb
English
475
Will it be said that the FUNDAMENTAL PRINCIPLES of the Confederation were not within the purview of the convention, and ought not to have been varied? WILL IT BE SAID THAT THE FUNDAMENTAL PRINCIPLES OF THE CONFEDERATION WERE NOT WITHIN THE PURVIEW OF THE CONVENTION AND OUGHT NOT TO HAVE BEEN VARIED
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. 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. NVENTION 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 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
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