he confederation. In pursuance of the power here
granted, congress has made rules and regulations for governing the
people of different portions of such territory previously to their
admission as states into the union.
Sec.10. The next section declares, that "the United States shall guaranty
to every state in this union a republican form of government; and shall
protect each of them against invasion, and on the application of the
legislature, or of the executive (when the legislature cannot be
convened,) against domestic violence." Art. 4, sec. 4. The propriety of
a power to prevent a state from changing its government to any other
than a republican form, is evident. It is equally proper that a state,
when invaded by a foreign enemy, or in case of an insurrection within
its own borders, should have protection and aid from the general
government; especially as the states have surrendered to it the right to
keep troops or ships of war in time of peace. (Art. 1, sec. 10.)
Chapter XLV.
Provision for Amendments; Assumption of Public Debts; Supremacy of the
Constitution, &c.; Oaths and Tests; Ratification of the Constitution.
Sec.1. The 5th article provides for amending the constitution. It
prescribes two different modes for proposing amendments, and two modes
of ratifying them. Amendments may be proposed by two-thirds of both
houses of congress; or, on the application or request of two-thirds of
the states, congress shall call a convention for proposing amendments.
Proposed in either of these modes, amendments, to become valid as parts
of the constitution, must be ratified by the legislatures of
three-fourths of the states, or by conventions in three-fourths of them;
the mode of ratification, whether by the legislatures or by conventions,
to be proposed by congress.
Sec.2. As the best human government is imperfect, and as all the future
wants and necessities of a people can not be foreseen and provided for,
it is obvious that every constitution should contain some provision for
its amendment. But if amendments could be made whenever desired by a
bare majority of the states, the strength and efficiency of the
constitution might be greatly impaired by frequent alterations. It is
therefore wisely provided, that a mere proposition to amend cannot be
made but by a majority of at least two-thirds of congress, or of the
legislatures of at least of two-thirds of the states; and that such
proposition must be ratif
|