It is only very recently that I heard someone express the sentiment that the Constitutional Convention of 1787 exceeded their authority in the Constitution they proposed. I was therefore more interested in reading Federalist No. 40 which addresses this exact question. The conclusion is a resounding dismissal of the charge save in one particular:
In one particular it is admitted that the convention have departed from the tenor of their commission. Instead of reporting a plan requiring the confirmation OF THE LEGISLATURES OF ALL THE STATES, they have reported a plan which is to be confirmed by the PEOPLE, and may be carried into effect by NINE STATES ONLY. It is worthy of remark that this objection, though the most plausible, has been the least urged in the publications which have swarmed against the convention. The forbearance can only have proceeded from an irresistible conviction of the absurdity of subjecting the fate of twelve States to the perverseness or corruption of a thirteenth; from the example of inflexible opposition given by a MAJORITY of one sixtieth of the people of America to a measure approved and called for by the voice of twelve States, comprising fifty-nine sixtieths of the people an example still fresh in the memory and indignation of every citizen who has felt for the wounded honor and prosperity of his country. As this objection, therefore, has been in a manner waived by those who have criticised the powers of the convention, I dismiss it without further observation.
The charge was repeated in the context of lamenting what might happen if a new Constitutional Convention were convened in our day. If that is ever to happen, I only hope that those chosen to attend the convention can use their mandate with as much wisdom to produce a Constitution that is as well-suited to good government as the one we have today.
Personally I think the best single change would be for us to adhere to the Constitution we have.
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