large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb_26
large/475/federalist_papers_librivox_64kb_mp3/federalist-papers_40_64kb
English
475
This reflection places the subject in a point of view altogether different, and will enable us to judge with propriety of the course taken by the convention. Let us view the ground on which the convention stood. THIS REFLECTION PLACES THE SUBJECT IN A POINT OF VIEW ALTOGETHER DIFFERENT AND WILL ENABLE US TO JUDGE WITH PROPRIETY OF THE COURSE TAKEN BY THE CONVENTION LET US VIEW THE GROUND ON WHICH THE CONVENTION STOOD
ion, therefore, has been in a manner waived by those who have criticised the powers of the convention, I dismiss it without further observation. The THIRD point to be inquired into is, how far considerations of duty arising out of the case itself could have supplied any defect of regular authority. In the preceding inquiries the powers of the convention have been analyzed and tried with the same rigor, and by the same rules, as if they had been real and final powers for the establishment of a Constitution for the United States. We have seen in what manner they have borne the trial even on that supposition. It is time now to recollect that the powers were merely advisory and recommendatory; that they were so meant by the States, and so understood by the convention; and that the latter have accordingly planned and proposed a Constitution which is to be of no more consequence than the paper on which it is written, unless it be stamped with the approbation of those to whom it is addressed. RY AS THIS OBJECTION THEREFORE HAS BEEN IN A MANNER WAVED BY THOSE WHO HAVE CRITICIZED THE POWERS OF THE CONVENTION I DISMISS IT WITHOUT FURTHER OBSERVATION THE THIRD POINT TO BE INQUIRED INTO IS HOW FAR CONSIDERATIONS OF DUTY ARISING OUT OF THE CASE ITSELF COULD HAVE SUPPLIED ANY DEFECT OF REGULAR AUTHORITY IN THE PRECEDING INQUIRIES THE POWERS OF THE CONVENTION HAVE BEEN ANALYZED AND TRIED WITH THE SAME RIGOR AND BY THE SAME RULES AS IF THEY HAD BEEN REAL AND FINAL POWERS FOR THE ESTABLISHMENT OF A CONSTITUTION FOR THE UNITED STATES WE HAVE SEEN IN WHAT MANNER THEY HAVE BORNE THE TRIAL EVEN ON THAT SUPPOSITION IT IS TIME NOW TO RECOLLECT THAT THE POWERS WERE MERELY ADVISER AND RECOMMENDATORY THAT THEY WERE SO MEANT BY THE STATES AND SO UNDERSTOOD BY THE CONVENTION AND THAT THE LATTER HAVE ACCORDINGLY PLANNED AND PROPOSED A CONSTITUTION WHICH IS TO BE OF NO MORE CONSEQUENCE THAN THE PAPER ON WHICH IT IS WRITTEN UNLESS IT BE STAMPED WITH THE APPROBATION OF THOSE TO WHOM IT IS ADDRESSED
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