, 91 (Columbia
University Press, 1938).

[126] _See_ James Hart in 13 Virginia Law Review, 86-107 (1926)
discussing President Coolidge's order of May 8, 1926, for Prohibition
enforcement.

[127] Clark, New Federalism, cited in note 2 above; [Transcriber's
Note: Reference is to Footnote 125, above.] Corwin, Court Over
Constitution, 148-168 (Princeton University Press, 1938).

ARTICLE VII

RATIFICATION

Article VII

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

IN GENERAL

In Owings _v._ Speed,[1] the question at issue was whether the
Constitution of the United States operated upon an act of Virginia
passed in 1788. The Court held it did not, stating in part:

"The Conventions of nine States having adopted the Constitution,
Congress, in September or October, 1788, passed a resolution in
conformity with the opinions expressed by the Convention, and appointed
the first Wednesday in March of the ensuing year as the day, and the
then seat of Congress as the place, 'for commencing proceedings under
the Constitution.'

"Both Governments could not be understood to exist at the same time. The
new Government did not commence until the old Government expired. It is
apparent that the Government did not commence on the Constitution being
ratified by the ninth State; for these ratifications were to be reported
to Congress, whose continuing existence was recognized by the
Convention, and who were requested to continue to exercise their powers
for the purpose of bringing the new Government into operation. In fact,
Congress did continue to act as a Government until it dissolved on the
1st of November, by the successive disappearance of its Members. It
existed potentially until the 2d of March, the day preceding that on
which the Members of the new Congress were directed to assemble.

"The resolution of the Convention might originally have suggested a
doubt, whether the Government could be in operation for every purpose
before the choice of a President; but this doubt has been long solved,
and were it otherwise, its discussion would be useless, since it is
apparent that its operation did not commence before the first Wednesday
in March 1789 * * *"

Notes

[1] 5 Wheat. 420, 422-423 (1820).

AMENDMENTS TO THE CONSTITUTION

AMENDMENTS NOS. 1-10

Bill of Rights