06/06/2024
THE RATIFYING CONSTITUTIONAL CONVENTIONS OF RHODE ISLAND, NEW YORK AND VIRGINIA ON STATE SOVEREIGNTY
Strict Constitutional Principles underscore the Foundational role of State Sovereignty and the ultimate Authority of the People within the federated system of government established by the United States Constitution. The ratifying conventions of Rhode Island, New York, and Virginia articulated this understanding explicitly, ensuring that the sovereign capacity of the people was recognized and preserved.
Rhode Island:
The ratification by Rhode Island highlighted that the powers of government are derived from the people, affirming their Right to alter or abolish government as they see fit to secure their safety and happiness. This assertion underscores the principle that Sovereignty resides fundamentally with the People of each State, rather than the federal government.
To wit:
“That all power is naturally vested in, and consequently derived from the People; that magistrates therefore are their trustees and agents, and at all times amenable to them. That the powers of government may be reassumed by the People, whensoever it shall become necessary to their happiness:- That the Rights of the States respectively, to nominate and appoint all State Officers, and every other power, jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States or to the departments of government thereof, remain to the people of the Several States, or their respective State Governments to whom they may have granted the same; and that those clauses in the said Constitution which declare that Congress shall not have or exercise certain powers, do not imply, that Congress is entitled to any powers not given by the said Constitution, but such clauses are to be construed as exceptions to certain specified powers, or as inserted merely for greater caution.”
New York:
New York's ratification similarly emphasized the importance of state sovereignty. It stated that the powers delegated to the federal government by the Constitution were not granted unconditionally but were subject to the continued consent of the People of the States. This condition affirmed that the federal government's authority was contingent on the will of the States, highlighting the federated nature of the union.
To wit:
“That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same; And that those Clauses in the said Constitution, which declare, that Congress shall not have or exercise certain Powers, do not imply that Congress is entitled to any Powers not given by the said Constitution; but such Clauses are to be construed either as exceptions to certain specified Powers, or as inserted merely for greater Caution.”
Virginia:
Virginia's ratification convention went a step further by explicitly stating that the powers granted under the Constitution could be resumed by the people whenever the same shall be perverted to their injury or oppression. This clear reservation of Rights underscores that the federal government operates with delegated authority from the States and that this authority can be revoked by the people, emphasizing the conditional and limited nature of federal power.
To Wit:
“We the Delegates of the People of Virginia duly elected in pursuance of a recommendation from the General Assembly and now met in Convention having fully and freely investigated and discussed the proceedings of the Federal Convention and being prepared as well as the most mature deliberation hath enabled us to decide thereon Do in the name and in behalf of the People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will: that therefore no right of any denomination can be cancelled abridged restrained or modified by the Congress by the Senate or House of Representatives acting in any Capacity by the President or any Department or Officer of the United States except in those instances in which power is given by the Constitution for those purposes: & that among other essential rights the liberty of Conscience and of the Press cannot be cancelled abridged restrained or modified by any authority of the United States. “
These ratifications reflect the view that the Constitution created a federal system where States retained the ultimate degree of Sovereignty. The Principle of State Sovereignty was integral to the federal structure, ensuring that the federal government could not overstep its bounds without the explicit and continued consent of the States.
The declarations within these ratifying conventions serve as a Constitutional safeguard against misinterpretation or misapplication of federal powers. They provide a clear reminder that the States entered the Union with a firm understanding of their retained Sovereignty and the Rights of their People. This understanding forms a crucial part of the Constitutional framework, ensuring that the balance of power between the federal government and the States is maintained in accordance with the principles of federalism and the original intent of the Framers.
In conclusion, the ratifying conventions of Rhode Island, New York, and Virginia provide a critical Constitutional context for understanding the federated system of government in the United States. They highlight the Foundational Principle that ultimate authority rests with the People of the States, ensuring that State Sovereignty remains a key component of the American Constitutional order.