Francisco Martin wrote:
Also, you are conflating nationhood with
statehood. The concepts are different.
I must confess that I don't know what you are getting at
here. Statehood as in "state" on the international stage, which means
nation. Or statehood as in the domestic U.S. usage, which does not mean
nation. If the former, I think the American states were, by 1787 (if not
before) clearly not states in the international sense, and therefore
the action of the state people in forming a constitution was not a treaty, in
the international law sense. If the latter, then the constitution-making
was even more clearly not a treaty-making endeavor. But perhaps I am
missing your meaning.
John Eastman
