M'Culloch v. Maryland · ¶9

It would be difficult to sustain this proposition. The Convention which framed the constitution was indeed elected by the State legislatures. But the instrument, when it came from their hand's, was a mere proposal, without obligation, or pretensions to it. It was reported to the then existing Congress of the United States, with a request that it might “ be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recoma mendation of its Legislature, for their assent and ratification.” This mode of proceeding was adopted 5 and by the Convention, by Congress, and by the State Legislatures, the instrument was submitted to the people. They acted.upon it in the only manner in which they can act safely, effectively, and wisely, on such a subject, by assembling in Convention. It is true, they assembled in their several States — and where else should they…

U. S. Reports, bound volume
U. S. Reports, volume 17, at 316 (Library of Congress) · transcription: Caselaw Access Project
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