Posted by
ByGeorge on Thursday, July 30, 2009 1:38:48 PM
On
examining the first relation, it appears, on one hand, that the
Constitution is to be founded on the assent and ratification of the
people of America, given by deputies elected for the special purpose;
but, on the other, that this assent and ratification is to be given by
the people, not as individuals composing one entire nation, but as
composing the distinct and independent States to which they
respectively belong. It is to be the assent and ratification of the
several States, derived from the supreme authority in each State, the
authority of the people themselves. The act, therefore, establishing
the Constitution, will not be a NATIONAL, but a FEDERAL act.
(James Madison, The Federalist Papers, No. 39)
To explain the term "federal act," the ratification of the Constitution was by not
only the individual states but was also by the people of those states. A federal
government is formed by a compact between political units (the states and the
people of the states in this case) that surrender their
individual sovereignty to a central authority but retain limited residuary powers
of government.