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以修改《邦联条例》为中心议题的1787年费城制宪会议始终充满不同思想的辩论与交锋,关于修改后的宪法的批准程序问题因涉及新宪法的合法性而成为会议辩论的焦点问题之一,贯穿会议辩论的始终。麦迪逊不仅是这一程序的最早提出者之一,而且在会议辩论过程中始终坚持这一原则,并从“社会契约”和“人民主权”论述了作为最高法的宪法合法性必须得到人民确认这一命题,从而为经过9个州批准的《联邦宪法》即可取代《邦联条例》做出了理论解释。
The Philadelphia constitutional convention of 1787, which centered on the revision of the Confederation Ordinance, was always full of debate and confrontation of different ideas. The issue of the ratification of the amended constitution was one of the focal points of the debate on the conference because of the legitimacy of the new constitution , Runs through the debate in the meeting. Madison was not only one of the earliest proponents of this procedure, but also adhered to this principle during the debate in the conference and discussed the constitutional legitimacy as the supreme law from “social contract” and “popular sovereignty.” It must be recognized by the people that this proposition can provide a theoretical explanation for replacing the Confederation Ordinance with the Federal Constitution approved by nine states.