RATIFICATION 

The Constitutional Convention debated and determined that it lacked the authority to approve a new frame of government that departed so significantly from the former Confederation in the establishment of "national" general government. As components of the new constitutional frame formed a law of the land, (for limited, specified purposes,) superior to State law, consent of the State legislatures should be sought. However, as the law of the new general government was to act directly upon individuals, the State legislatures lacked the authority to bind individuals to it. Returning to the concept of original sovereignty of the body politic through special conventions would be the only manner in which such a significant change could be legitimately authorized.

Alexander Hamilton writes in "The Federalist No. 23":

"It has not a little contributed to the infirmities of the existing federal system, that it never had a ratification by the PEOPLE. Resting on no better foundation than the consent of the several Legislatures; it has been exposed to frequent and intricate questions concerning the validity of its powers; and has in some instances given birth to the enormous doctrine of a right of legislative repeal. Owing its ratification to the law of a State, it has been contended, that the same authority might repeal the law by which it was ratified. However gross a heresy it may be, to maintain that a party to a compact has a right to revoke that compact, the doctrine itself has respectable advocates. The possibility of a question of this nature, proves the necessity of laying the foundations of our national government deeper than the mere sanction of delegated authority. The fabric of American Empire ought to rest on the solid basis of the CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure original fountain of all legitimate authority."

As stated by James Wilson:

"It [sovereignty] resides in the PEOPLE, as the fountain of government....They have not parted with it; they have only dispensed such portions of power as were conceived necessary for the public welfare....they can delegate it in such proportions, to such bodies, on such terms, and under such limitations, as they think proper." (Gordon S. Woods, The Creation of the American Republic 1776-1787, W.W. Norton & Co., c 1969. at 530.)

Once this is understood, only then is it possible to grasp how the people "may take from subordinate governments powers with which they have hitherto trusted them, and place these powers in the general government...They can distribute one portion of power to the more contracted circle called the State governments; they can also furnish another proportion to the government of the United States." (Creation at 530-31)

St. George Tucker, Blackstone's Commentaries: With Notes of Refernce to The Constitution and Laws of the Federal Government of the United States; and the Commonwealth of Virginia, William Young Birch, and Abraham Small; Philadelphia, c 1803. "View of the Constitution of the United States, Section 1"

"The mild tone of requisition was exchanged for the active operations of power, and the features of a federal council for those of a national sovereignty. These concessions it was seen were, in many instances, beyond the power of the state legislatures, (limited by their respective constitutions) to make, without the express assent of the people. A convention was therefore summoned, in every state by the authority of their respective legislatures, to consider of the propriety of adopting the proposed plan; and their assent made it binding in each state; and the assent of nine states rendered it obligatory upon all the states adopting it. Here then are all the features of an original compact, not only between the body politic of each state, but also between the people of those states in their highest sovereign capacity."

St. George Tucker, Blackstone's Commentaries: With Notes of Refernce to The Constitution and Laws of the Federal Government of the United States; and the Commonwealth of Virginia, William Young Birch, and Abraham Small; Philadelphia, c 1803. "View of the Constitution of the United States, Section 2"

"It is a compact by which the several states and the people thereof, respectively, have bound themselves to each other, and to the federal government.

"Having shewn that the constitution had its commencement with the body politic of the several states; and, that its final adoption and ratification was, by the several legislatures referred to, and completed by conventions, especially called and appointed for that purpose, in each state; the acceptance of the constitution, was not only an act of the body politic of each state, but of the people thereof respectively, in their sovereign character and capacity: the body politic was competent to bind itself so far as the constitution of the state permitted, but not having power to bind the people, in cases beyond their constitutional authority, the assent of the people was indispensably necessary to the validity of the compact, by which the rights of the people might be diminished, or submitted to a new jurisdiction, or in any manner affected. From hence, not only the body politic of the several states, but every citizen thereof, may be considered as parties to the compact, and to have bound themselves reciprocally to each other, for the due observance of it and, also, to have bound themselves to the federal government, whose authority has been thereby created, and established."