Hacker News new | ask | show | jobs
by comte7092 719 days ago
The states didn’t write nor did they ratify the constitution (it was done at special conventions separate from the state governments themselves), nor do they write amendments.

I honestly don’t know what to tell you at this point. This is basic constitutional history and legal theory, the federal government draws its authority directly from the people.

1 comments

Regardless of whether Congress or the States pedantically write new amendments, they must be ratified by 3/4ths of all States in the Union. Ergo, the States ultimately write what goes into the Constitution, and the States answer to their Peoples respectively.

The Constitution itself was also ratified by 9 of 13 States to start.

Congress and thus the Federal government cannot modify the Constitution by themselves, they serve at the pleasure of the States.