Name: 憲法第六條｜國家憲法中心｜可汗學院 (Article VI of the Constitution | National Constitution Center | Khan Academy)
Uploaded: 2021-01-14T10:14:27.000Z
Duration: 13 min 51 s
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- [Kim] Hi, this is Kim from Khan Academy

and today I'm learning more about Article VI

It covers debts, religious tests for office

To learn more about what binds these diverse ideas together,

specializing in constitutional law and conflict of laws

at the University of Pennsylvania Law School.

and Director of International and Comparative Law programs

at the University of San Diego's School of Law.

Professor Roosevelt, why were the framers

What was the historical context that led them

to explicitly address debt in Article IV?

- [Professor Roosevelt] Well, debt is important generally

because nations often need to borrow money.

and the Articles of Confederation, the U.S. government

had been borrowing money to pay for the Revolutionary War.

with a stronger national government under the Constitution.

And there's a question, is it still the same country?

- [Professor Ramsey] Now, there's a general principle

of international law that a successor government

undertakes the obligations of the predecessor.

So you wouldn't necessarily think this would be a problem

but I think they were particularly concerned

because the idea of a republic was a somewhat new,

and at least in the 18th century a somewhat unusual one.

And the change of a republican government

So I think they just wanted to reassure all of the creditors

that even if they were changing their method of government,

that that wasn't going to effect any of the debts.

- [Kim] What might have happened had they decided

- [Professor Roosevelt] If they had decided

not to pay the debts, then other countries

would probably have been much less willing

well you know another change in government could occur.

- [Professor Ramsey] There was substantial question

throughout the world whether the United States

would be able to survive in the face of all the challenges

that they had after gaining their independence.

So in order to make it seem that the United States

a country that could be expected to stick around

and not collapse in the chaos or revert to colonial status,

one of the most important things for them

was to show that the debts would be honored.

would suggest that the country did not in fact

have true sovereignty and was not prepared to be an actor

on the international stage that could be trusted.

- [Professor Roosevelt] Another interesting thing

to contrast this to is the treatment of debts

Where of course the United States, the federal government,

paid its own debts but there's a provision

in the 14th amendment explicitly repudiating

So if you loaned money to the Confederate States of America,

Because we didn't treat that as a valid government

- [Professor Ramsey] Another thing that it illustrates

is that the Constitution in some respects

was a visionary document that was concerned

with the long term future of the United States

but in other respects, it responded to very immediate,

practical problems that the framers faced in their day.

They were thinking about not just the future

of the country for the ages, they were thinking about that

but they weren't thinking just about that.

They were also thinking about reassuring France

with respect to the debts that existed right at that moment.

- [Kim] So there's a lot going on in Article VI

and specifically it talks about the Constitution

So what's important about that statement?

- [Professor Roosevelt] What's important about that

is that it means the Constitution is our highest law.

It prevails over any other kind of law in a conflict.

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憲法第六條｜國家憲法中心｜可汗學院 (Article VI of the Constitution | National Constitution Center | Khan Academy)

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