“Col. [George] MASON considered a reference of the plan to the
authority of the people as one of the most important and essential of
the resolutions. The legislatures have no power to ratify it. They are the mere creatures of the state constitutions, and cannot be greater than their creators.
And he knew of no power in any of the constitutions–he knew there was
no power in some of them–that could be competent to this object.
Whither, then, must we resort? To the people, with whom all power remains that has not been given up in the constitutions derived from them.
It was of great moment, he observed, that this doctrine should be
cherished, as the basis of free government. Another strong reason was,
that, admitting the legislatures to have a competent authority, it would
be wrong to refer the plan to them, because succeeding legislatures,
having equal anthority could undo the acts of their predecessors; and
the national government would stand, in each state, on the weak and
tottering foundation [Pg. 353] of an act of assembly. There was a
remaining consideration, of some weight. In some of the states, the
governments were not derived from the clear and undisputed authority of the people.
This was the case in Virginia. Some of the best and wisest citizens
considered the constitution as established by an assumed authority. A
national constitution derived from such a source would be exposed to the
severest criticisms.”–July 23, 1787, Debates In The Federal Convention
Of 1787, Held At Philadelphia. [Elliot’s Debates, Vol. V, Pg. 352-53]
I know I didn't give up my right to keep and bear arms. Did you? No, I didn't think so....
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