ForeverFree
Major
- Joined
- Feb 6, 2010
- Location
- District of Columbia
This is an esoteric question on the issue of state sovereignty, which has been discussed at various times.
Article 2 of the Articles of Confederation states unambiguously that each state is a sovereign, viz
It's notable that this language is absent from the US Constitution.
In Texas v White, the Supreme Court which basically ruled that secession was not constitutional, Chief Justice Salmon P. Chase states that
Question: has anyone ever done any research on how or why the language at Article II of the Articles of Confederation was not kept in the Constitution? And why wouldn't this explicit language be retained, unless state sovereignty wasn't seen as vital to the "perfected" union?
Article 2 of the Articles of Confederation states unambiguously that each state is a sovereign, viz
Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
It's notable that this language is absent from the US Constitution.
In Texas v White, the Supreme Court which basically ruled that secession was not constitutional, Chief Justice Salmon P. Chase states that
Under the Articles of Confederation, each State retained its sovereignty, freedom, and independence, and every power, jurisdiction, and right not expressly delegated to the United States. Under the Constitution, though the powers of the States were much restricted...
Question: has anyone ever done any research on how or why the language at Article II of the Articles of Confederation was not kept in the Constitution? And why wouldn't this explicit language be retained, unless state sovereignty wasn't seen as vital to the "perfected" union?