The National Constitution: Debts and Ratification

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof as the one or the other Mode of Ratification may be proposed by the Congress; (This article effectually checks any fundamental change in the Constitution, excepting in a way which recognizes the source of all true sovereignty, the PEOPLE, unless it be by sudden and violent revolution.) Provided that no Amendment which may be made prior to the Year one thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; (See Section 9, page 747. The adoption of the Thirteenth Amendment of the Constitution renders this section a dead letter.) and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. (Here, again, is a provision for securing the smaller States from encroachments on their rights by the larger States.)

Article VI

Validity of Debts recognized.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. (This was for the security to the creditors of the United States, of the payment of debts incurred during the Revolution. It was a national and positive recognition of the postulate in international law, that "Debts due to foreigners, and obligations to other creditors, survive a change in the Government.")

Supreme law of the land defined.

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. (A clear and positive declaration of the supremacy of the National Government, resistance to which is treason.)

Oath, of whom required, and what for.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; (State officers are bound to support the Constitution because they may be required to perform some service in giving effect to that "supreme law of the land," in other words, of the Republic.) but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. (This is to prevent a political union of Church and State, which is always prejudicial to the best interests of both.)

Article VII

Ratification.

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

DONE in Convention by the Unanimous Consent of the States present, the Seventeenth Day of September, in the Year of our Lord one thousand seven hundred and Eighty-seven, and of the Independence of the United States the Twelfth. IN WITNESS whereof We have hereunto subscribed our Names.

New Hampshire

Massachusetts

Connecticut

New York

Alexander Hamilton

New Jersey

Pennsylvania

Delaware

Maryland

Virginia

North Carolina

South Carolina

Georgia

Attest: WILLIAM JACKSON, Secretary.

AMENDMENTS (At the first session of the First Congress, begun and held in the city of New York, on Wednesday, the 4th of March, 1789, many amendments to the National Constitution were offered for consideration. The Congress proposed ten of them to the legislatures of the several States. These were ratified by the constitutional number of State Legislatures in the middle of December, 1791. Another was proposed on the 5th of March, 1794, and was ratified in 1798; and still another on the 12th of December, 1803, which was ratified in 1804. These, with the other ten, became a part of the National Constitution. A thirteenth amendment was proposed by Congress on the 1st of May, 1810, but has never been ratified. It was to prohibit citizens of the United States accepting, claiming, receiving, or retaining any title of nobility or honor, or any present, pension, office, or emolument of any kind whatever, from any "person, king, prince, or foreign Power," without the consent of Congress, under the penalty of disfranchisement, or ceasing to be a citizen of the United States.