SCOTLAND

In the early 18th century, the succession to the Scottish and English Crowns was unclear. As a safety valve and check, this clause was adopted by the Scottish Parliament. This was one of the most radical and anti monarchy laws ever passed. It took the unilateral power of making war and peace from the king & established the principle of ratification of ALL treaties. The law did not last long. It was nullified by the Union between England & Scotland (1707), and the English Parliament specifically repealed the clause in the “Repeal of Certain Scotch Acts of 1707”. This clause, which only remained in force for 3 years, had a profound effect on the modern democracies. The American founding fathers were totally familiar with the recent English history & this law. So the American’s at the Constitutional Convention of 1787, built the principle into the new Constitution giving the Congress the power to Declare War and the Senate to ratify treaties as a check against Presidential power.

In the early 18th century, things were very unsettled between Scotland & England with the succession of both countries in question. The result was the famous union of the two countries in 1707. At the time the Scottish Parliament wanted to intimidate the English as well as to be able to fend off English troops if things did not go well. The clause has much contemporary importance because it shows what a nation would do that wanted every man armed against powers which might restrict their freedom. The American Founding Fathers at the Constitutional Convention knew about this law. They even adopted other ideas from this law--{615975}. If the Founders had wanted every man armed as some modern gun control opponents maintain, they were brilliant drafters and would doubtless have written something like this. It supports the view that what was intended was not an armed nation but a nation where the states could organize “well ordered militias” and the Second Amendment resulted.

In the early 18th century, things were very unsettled between Scotland & England with the succession of both countries in question. The result was the famous union of the two countries in 1707. At the time the Scottish Parliament wanted to intimidate the English as well as to be able to fend off English troops if things did not go well. The clause has much contemporary importance because it shows what a nation would do that wanted every man armed against powers which might restrict their freedom. The American Founding Fathers at the Constitutional Convention knew about this law. They even adopted other ideas from this law--{615975}. If the Founders had wanted every man armed as some modern gun control opponents maintain, they were brilliant drafters and would doubtless have written something like this. It supports the view that what was intended was not an armed nation but a nation where the states could organize “well ordered militias” and the Second Amendment resulted.

In the early 18th century, the succession to the Scottish and English Crowns was unclear. As a safety valve and check, this clause was adopted by the Scottish Parliament. This was one of the most radical and anti monarchy laws ever passed. It took the unilateral power of making war and peace from the king & established the principle of ratification of ALL treaties. The law did not last long. It was nullified by the Union between England & Scotland (1707), and the English Parliament specifically repealed the clause in the “Repeal of Certain Scotch Acts of 1707”. This clause, which only remained in force for 3 years, had a profound effect on the modern democracies. The American founding fathers were totally familiar with the recent English history & this law. So the American’s at the Constitutional Convention of 1787, built the principle into the new Constitution giving the Congress the power to Declare War and the Senate to ratify treaties as a check against Presidential power.