POLITICAL EDUCATION, CONSERVATIVE ANALYSIS

POLITICS, SOCIETY, & THE SOVEREIGN STATE

Website of Dr. Almon Leroy Way, Jr.

AMERICAN CONSTITUTIONAL LAW


CONSTITUTION OF THE UNITED STATES OF AMERICA
WITH COMMENTARY & ANNOTATIONS

ARTICLE VII:  CONSTITUTIONAL RATIFICATION PROCEDURE

Article VII. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

In General

In Owings v. Speed,\1\ the question at issue was whether the Constitution of the United States operated upon an act of Virginia passed in 1788. The Court held it did not, stating in part:

``The Conventions of nine States having adopted the Constitution, Congress [under the Articles of Confederation], in September or October, 1788, passed a resolution in conformity with the opinions expressed by the Convention, and appointed the first Wednesday in March of the ensuing year as the day, and the then seat of Congress as the place, `for commencing proceedings under the Constitution.'

``Both Governments could not be understood to exist at the same time. The New Government did not commence until the old Government expired. It is apparent that the Government did not commence on the Constitution being ratified by the ninth State; for these ratifications were to be reported to Congress, whose continuing existence was recognized by the Convention, and who were requested to continue to exercise their powers for the purpose of bringing the new Government into operation. In fact, Congress did continue to act as a Government until it dissolved on the 1st of November, by the successive disappearance of its Members. It existed potentially until the 2d of March, the day proceeding that on which the Members of the new Congress were directed to assemble.

``The resolution of the Convention might originally have suggested a doubt, whether the Government could be in operation for every purpose before the choice of a President; but this doubt has been long solved, and were it otherwise, its discussion would be useless, since it is apparent that its operation did not commence before the first Wednesday in March 1789 . . . .''

NOTE:
\1\5 Wheat. (18 U.S.) 420, 422-423 (1820).


The foregoing commentary and annotations were originally published in a document sponsored by the United States Senate on the United States Government Printing Office website.




Return to Top of Page

Go to AMENDMENTS I-X
THE FEDERAL BILL OF RIGHTS


Go to AMENDMENT I: RELIGION, SPEECH, PRESS, ASSEMBLY
(With Commentary & Annotations)


Return to the Links Page,
CONSTITUTION OF THE UNITED STATES OF AMERICA


Go to SITE MAP

Go to WEBSITE INDEX

Contact & Access Information

Return to POLITICAL EDUCATION Homepage



SUBJECT MATTER COVERED ON THIS PAGE
American Constitutional Law
American Federal Constitution
United States Constitution
U.S. Constitution



This is not a commercial website. The sole purpose of the website is to share with interested persons information regarding civics, civic and social education, political science, government, politics, law, constitutional law and history, public policy, and political philosophy and history, as well as current and recent political developments, public issues, and political controversies.



POLITICAL EDUCATION, CONSERVATIVE ANALYSIS
POLITICS, SOCIETY, & THE SOVEREIGN STATE
Website of Dr. Almon Leroy Way, Jr.

Government, Politics, Public Policy, Legal Issues, Constitutional Law, Government & the Economy, Cultural Values, Foreign Affairs, International Relations, Military Defense & National Security, Geopolitics, Terrorism & Homeland Security, American National Interests, Political Systems & Processes, Political Institutions, Political Ideologies, & Political Philosophy

THE PROGRESSIVE CONSERVATIVE, USA
An Online Journal of Political Commentary & Analysis
Dr. Almon Leroy Way, Jr., Editor

Conservative & Free-Market Analysis of Government, Politics & Public Policy, Covering Political, Legal, Constitutional, Economic, Cultural, Military, International, Strategic, & Geopolitical Issues