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Citizen or subject? cover

Citizen or subject?

Chapter 39: APPENDIX II THE RESOLUTION WHICH PROPOSED THE CONSTITUTION TO THE CONVENTIONS OF THE PEOPLE OF AMERICA
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The author analyzes the difference between self-governing citizens and passive subjects, tracing constitutional development from revolutionary conventions through the federal league to a national government created by the people. He argues that certain constitutional changes, notably the Eighteenth Amendment, conflict with citizen sovereignty by converting free citizens into subjects, and he supports this claim with close readings of founding debates, constitutional clauses, and legal history to insist on preserving civil liberty and clear limits on governmental power.

APPENDIX II
THE RESOLUTION WHICH PROPOSED THE CONSTITUTION TO THE CONVENTIONS OF THE PEOPLE OF AMERICA

In Convention Monday September 17th 1787.

Present

The States of

New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.

Resolved,

That the preceding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled.

Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitution. That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.

By the Unanimous Order of the Convention

Go Washington Presidt

W. Jackson Secretary.