1) 9 instead of Unanimity
Why not unanimity
Rhode Island’s choice changes: No longer just to keep dysfunctional system vs. a stronger, (perhaps TYRANNY!) Government. New choice: Stronger, balanced government vs. O solo mio! Alone, alone, alone.
Threat of isolation: Blackmail!
2) Method of ratification:
Conventions of PEOPLE, not ratification by consent.
Enlightenment ideal of consent, but consent given directly from people to national government.
“The power to create is the power to destroy.”
If states don’t give consent, cannot withdraw consent
Designed to prevent states’ rights from taking us back to the Confederation in which states would just ignore laws willy-nilly.
“We the PEOPLE of the United States, in order to form a more perfect union…”
Lincoln: “Of the PEOPLE, for the PEOPLE, by the PEOPLE.”
Use a preacher’s cadence: not of states, by states, for states.
Tueting cartoon: James Madison killing baby states’ rights.
3) Conventions cause delay: Time to argue/assuage fear of tyranny.
Knows initial reaction will be a fear of conspiracy (55 guys met in secret!)
Federalist Papers: JJ, AH, JM
4) Adjusting fire
Federalists v. Antifederalists.
Demand for Bill of Rights
Madison opposed (u-f-c continuum), but sees that it is needed, so shifts fire.
Father of Bill of Rights
Madison not a saint:
Jump ahead to:
Political parties emerge (JM wrong in #10!)
Alien-Sedition Acts challenge First Amendment
Virginia and Kentucky Resolutions – Back to the Future with the AOC
ZOMBIE STATE’S RIGHTS LIVES!
State Compact Theory (Compare to Ratification)
Used to justify opposition to national government until 1865: Lincoln killed it.
But like all horror movies, there is a sequel
States Rights Zombie II: The Civil Rights Movement