by name, the advocates of the national theory of the government, assuming that, "we, the people," meant individuals generally, and not people as forming States; and that "United States" was used in a geographical and not a political sense, made out an argument of some plausibility, in favor of the conclusion that, "we, the people of the United States of America," meant the aggregate population of the States regarded en masse, and not in their distinctive character as forming separate political communities. But in this gratuitous assumption, and the conclusion drawn from it, they overlooked the stubborn fact, that the very people who ordained and established the constitution, are identically the same who ratified it; for it was by the act of ratification alone, that it was ordained and established — as has been conclusively shown. This fact, of itself, sweeps away every vestige of the argument drawn from the ambiguity of those terms, as used in the preamble.
They next rely, in support of their theory, on the expression — "ordained and established this constitution." They admit that the constitution, in its incipient state, assumed the form of a compact; but contend that, "ordained and established," as applied to the constitution and government, are incompatible with the idea of compact; that, consequently, the instrument or plan lost its federative character when it was ordained and established as a constitution; and, thus, the States ceased to be parties to a compact, and members of a confederated union, and became fused into one common community, or nation, as subordinate and dependent divisions or corporations.
