Ratification   Debates

Much of the debate during ratification of the proposed Constitution centered around the issue as to whether the new "general" or national government would completely displace all aspects of sovereignty delegated to the State governments.

(Excerpts and information taken from Schwartz and Webb's The Roots of the Bill of Rights, Vol. 3, pg. 652 and 657.)

Comments made by John Whitehill and Jasper Yeates in the Pennsylvania Convention Debates of November 30, 1787:

John Whitehill:

"...I have said, and with increasing confidence I repeat, that the proposed constitution must eventually annihilate the independent sovereignty of the several states. In answer to this, the form of election for supplying the offices of the federal head have been recapitulated; it has been inferred that the connection between the individual and the general governments is of so indissoluble a nature, that they must necessarily stand or fall together, and therefore, it has been finally declared to be impossible, that the framers of this constitution could have a premeditated design to sow, in the body of their work, the seeds of its own destruction. But, Sir, I think it may be clearly proved that this system contains the seeds of self-preservation independent of all the forms referred to - seeds which will vegetate and strengthen in proportion to the decay of the state authority, and will ultimately spring up and overshadow the thirteen commonwealths of America with a deadly shade. The honorable member from the city has, indeed, observed that every government should possess the means of its own preservation; and this constitution is possibly the result of that proposition. For, Sir, the first article comprises the grants of powers so superlative in their nature, and so unlimited in their extent, that without the aid of any other branch of the system, a foundation rests upon this article alone, for the extension of the federal jurisdiction to the most extravagant degree of arbitrary sway....

Jasper Yeates:

"...Does it not appear that the organization of the new government must originate with the States? Is not the whole system of federal representation dependent upon the individual governments? For we find that those persons who are qualified to vote for the most numerous branch of the State legislatures, are alone qualified to vote for delegates to the house of representatives.; the senators are to be chosen immediately by the legislatures of the States; and those legislatures likewise are to prescribe the manner for the appointment of electors who are to elect the President. Thus, Sir, is the connection between the States in their separate and aggregate capacity preserved, and the existence of the Federal government made necessarily dependant upon the existence and actual operation of its constituent members. Lest anything, indeed, should be wanting to assure us of the intention of the framers of this constitution to preserve the individual sovereignty and independence of the States inviolate, we find it expressly declared by the 4th section of the 4th article, that 'the United States shall guarantee to every State in the Union, a republican from of government' - a constitutional security far superior to the fancied advantages of a bill of rights..."

From the minority report of the Pennsylvania ratification assembly (December 1787):

..."That the new government will not be a confederacy of states, as it ought, but one consolidated government founded upon the destruction of the several governments of the states, we shall now show..."

"And the supremacy of the laws of the United States is established by Article 6th, viz.: "That this constitution and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be 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." It has been alleged that the words "pursuant to the constitution" are a restriction upon the authority of Congress; but when it is considered that by other sections they are invested with every efficient power of government, and which may be exercised to the absolute destruction of the state governments, without any violation of even the forms of the constitution, this seeming restriction, as well as every other restriction in it, appears to us to be nugatory and delusive; and only introduced as a blind upon the real nature of the government. In our opinion, "pursuant to the constitution" will be coextensive with the will and pleasure of Congress, which, indeed, will be the only limitation of their powers

"We apprehend that two coordinate sovereignties would be a solecism in politics. That therefore as there is no line of distinction drawn between the general and state governments; as the sphere of their jurisdiction is undefined, it would be contrary to the nature of things, that both should exist together, one or the other would necessarily triumph in the fullness of dominion. However the contest could not be of long continuance, as the state governments are divested of every means of defense, and will be obliged by "the supreme law of the land" to yield at discretion."

..."The new constitution, consistently with the plan of consolidation, contains no reservation of the rights and privileges of the state governments, which was made in the confederation of the year 1778, by Article the 2d, viz.: "That each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States in Congress assembled."

The legislative power vested in Congress by the foregoing recited sections is so unlimited in its nature; may be so comprehensive, and boundless in its exercise, that this alone would be amply sufficient to annihilate the state governments, and swallow them up in the grand vortex of general empire....

Response by Wilson:

"...The next accusation I shall consider, is that which represents the federal constitution as not only calculated, but designedly framed, to reduce the state governments to mere corporations, and eventually to annihilate them... I will undertake to prove that upon their existence depends the existence of the federal plan.

"For this purpose, permit me to call your attention to the manner in which the president, senate, and house of representatives, are proposed to be appointed. The president is to be chosen by electors, nominated in such manner as the legislature of each state may direct; so that if there is no legislature, there can be no electors, and consequently the office of president cannot be supplied. The senate is to be composed of two senators from each state, chosen by the legislature; and therefore if there is no legislature, there can be no senate.

"The house of representatives, is to be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature,--unless therefore, there is a state legislature, that qualification cannot be ascertained, and the popular branch of the federal constitution must likewise be extinct. From this view, then it is evidently absurd to suppose, that the annihilation of the separate governments will result from their union; or, that having that intention, the authors of the news system would have bound their connection with such indissoluble ties.