Reply To: Ratifying States' Interpretation of the Constitution


My points are 1) that the compact theory is the only theory that was discussed during the ratification process; and 2) one could argue that there was no meeting of the minds, and so no valid ratification.

You seem to think that absent valid ratification, the Federal Government would be justified in exercising unlimited power. In reality, since the ratification created the Federal Government, if there was no valid ratification, there should be no Federal Government.

It’s an interesting issue.