1787J Amendments to the Constitution. 301 the need of a provision for amendments. The present plan would doubtless be found defective ; amendments would be needed ; and it would be wise to provide for them in an easy, regular, and constitutional way, instead of trusting to chance. But he would not require assent of the national legislature, because that body might abuse its powers and then refuse assent. This part of the clause was subsequently dropped, and the rest of the resolution reported to the House. The House agreed without dissent, on July 23; and the resolution went to the committee of detail, for the draft Constitution. There it appeared, on August 6, as a distinct article, in the following words : " On the application of the legislatures of two-thirds of the States in the Union, for an amendment of this Constitution, the legislature of the United States shall call a convention for that purpose." The article came before the House on September 10, upon a motion by Gerry to reconsider. The Constitution, Gerry observed, was (by an article in the Constitution) to be paramount over the State constitutions. It followed from the article under consideration that two-thirds of the States might obtain a convention a majority of which could bind the Union to innovations subversive of the States altogether. Hamilton favoured the motion, but with a different view. He did not object to the consequences of which Gerry had spoken ; it was no greater evil to subject the people of the United States to the voice of a majority than the people of a particular State. It was desirable that there should be a ready way of supplying defects which would be likely to appear in the new system. The mode proposed by the article was not adequate. The State legislatures would not apply for alterations, except with a view to increase their own powers. The national legislature would be the first to perceive the need of amendments, and the most sensible of it, and ought to be empowered, when two-thirds of each branch concurred, to call a convention. The motion to reconsider prevailed ; and Sherman now moved to add to the article the words, " or the legislature may propose amendments to the several States for their approbation; but no amendments shall be binding until consented to by the several States." The words " three- fourths of having been inserted, on the motion of Wilson, before "the several States," Madison moved to postpone the proposition, and to take up the following : " The legislature of the United States, whenever two- thirds of both Houses shall deem necessary, or on the application of two- thirds of the legislatures of the several States, shall propose amendments to this Constitution, which shall be valid, to all intents and purposes, as part thereof, when the same shall have been ratified by three-fourths at least of the legislatures of the several States, or by conventions in three- fourths thereof, as one or the other mode of ratification may be proposed by the legislature of the United States."" CII. VIII.
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