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3/01/2003 12:24:00 AM | Timothy Quick, what year was the U.S. Constitution Established? The traditional answer is 1789. But ask yourself why we all know July 4 is the day the Declaration of Independence was signed, but none of us know the day when the Constitution was established. And even weirder: the text of the Consititution clearly says it will be established after the ratification of 9 states, and our own New Hampshire was the ninth state to do so...in 1788. So I have contest for all of you: name the date the constitution was established (or, if you prefer, the date the constitution's provisions went into force) and why you chose that date. Send me an e mail: tpw-at-alum-dot-dartmouth-dot-org. (I know, I am an utter nerd: why does this matter? In my defense, I got interested in this question while writing a paper on Oneida Indian Nation land claims. The Constitution says that states may not sign treaties. On Sept. 22, 1788, the State of New York signed a 'treaty' regarding Oneida land, which may be invalid if the U.S. Constitution was in force at that time. However, under the Articles of Confederation, it seems that states had some leeway to sign treaties with Indians. Which should we look to? The Supreme Court has ruled on this in the context of a state violating a contract, I believe, but I'm interested in whether your answer is the same, and the reasoning process involved. This involves some interesting questions about sovereignty. Now that explanation may not be much of a defense against my being a nerd, but this fascinates me, I'm sorry!) perma link |
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