Commentaries On Universal Public Law

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THE FORMS OF CIVIL GOVERNMENTS. 261 This mode of constructing governments has not been successful, for it is grounded on a fundamental error of Public Law. Perhaps the convention of Philadelphia, in 1787, may at first sight seem an autho- rity for a contrary position. But it is not so. For that body differed essentially from constituent assemblies. It was a convention of dele- gates, representing confederated sovereign states, for the purpose of remodelling their union, which could only be effe
...cted by some method of that nature. And after the convention had agreed on the plan, which now forms the constitution of the United States, it was submitted to representative bodies in each state, for their assent and ratification. Thus the results of the deliberations of the delegates were sent back for ratification ; a proceeding both wise and strictly in accordance with the principles of democracy, based on the sovereignty of the people.
Both democracies and aristocracies have this in common, that in all assemblies the decision of the majority is equivalent to that of the whole.


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