Note (return) — Chapter II

In order, therefore, to supersede the restraining article above cited and to give the highest validity to the compact for the delegation of important powers and functions of government to a common agent, an authority above that of the State Legislatures was necessary. Mr. Madison, in the "Federalist,"33 says: "It has been heretofore noted among the defects of the Confederation, that in many of the States it had received no higher sanction than a mere legislative ratification." This objection would of course have applied with greater force to the proposed Constitution, which provided for additional grants of power from the States, and the conferring of larger and more varied powers upon a General Government, which was to act upon individuals instead of States, if the question of its confirmation had been submitted merely to the several State Legislatures. Hence the obvious propriety of referring it to the respective people of the States in their sovereign capacity, as provided in the final article of the Constitution.