Article 6, Clause 2

Document 2

Continental Congress

21 Mar. 1787Journals 32:124--25

Congress unanimously agreed to the following resolutions.

Resolved That the legislatures of the several States cannot of right pass any act or acts for interpreting, explaining or construing a national treaty or any part or clause of it; nor for restraining, limiting or in any manner impeding, retarding or counteracting the operation and execution of the same for that on being constitutionally made ratified and published they become in virtue of the confederation part of the law of the land and are not only independent of the will and power of such legislatures but also binding and obligatory on them.

Resolved That all such acts or parts of Acts as may be now existing in any of the States repugnant to the treaty of Peace ought to be forthwith repealed, as well to prevent their continuing to be regarded as violations of that treaty as to avoid the disagreeable necessity there might otherwise be of raising and discussing questions touching their validity and Obligation.

Resolved That it be recommended to the several States to make such repeal rather by describing than reciting the said acts and for that purpose to pass an Act declaring in general terms that all such acts and parts of acts repugnant to the treaty of peace between the United States and his britannic Majesty or any article thereof shall be and thereby are repealed and that the courts of law and equity in all causes and questions cognizable by them respectively and arising from or touching the said treaty shall decide and adjudge according to the true intent and meaning of the same, any thing in the said acts or parts of acts to the contrary thereof in any wise notwithstanding.

The Founders' Constitution
Volume 4, Article 6, Clause 2, Document 2
The University of Chicago Press

Journals of the Continental Congress, 1774--1789. Edited by Worthington C. Ford et al. 34 vols. Washington, D.C.: Government Printing Office, 1904--37.

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