Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Forewarned of such necessity, we return with renewed interest to the
examination of the record of the day on which it is assumed that
Madison suggested that the Fifth Article should be changed into a
“grant” and then proposed to the American people, so that they might
voluntarily relinquish their status as free men and become “subjects”
of a government with omnipotent ability to legislate in restraint of
their individual freedom “in all matters whatsoever.” It ought not
to detract from our amusement that this remarkable proposal of such
a “grant” (as our modern leaders see it) was to go to the American
people in each state and there be approved by that people with the
knowledge that the people in that particular state, on the occasion of
a future proposal, might not elect a single member of the legislative
governments who would exercise that omnipotent power over their every
individual right.
Our amusement is not lessened when we find that the supposed “grant”
was suggested by Madison and seconded by Hamilton. The Philadelphia
Convention was being held in the America which had just emerged from
an eight year Revolution to establish the doctrine that no government
could be omnipotent in its ability to interfere with individual
freedom. The Convention itself had devoted three months and ten days,
before the day in question, to bitter dispute about giving even
enumerated powers _of that kind_ to the American government mentioned
in the First Article. It is therefore, with great amusement _but with
serious intent never to forget_, that we note that not a single voice
was raised in the Convention either to uphold or to protest this
supposed and absurd “grant” of omnipotence to an entirely different
government. On the contrary, as we note with intent never to forget,
the newly worded Article was treated by the Convention as if every
_important_ matter in it had been settled before the state governments
were even mentioned in it as makers of the kind of Articles which they
already had the power to make, _federal_ Articles. As soon as the
newly worded Article had been suggested by Madison and Hamilton, the
Article which Madison himself describes as a _constitutional_ mode for
the exercise of existing abilities to make Articles, only one change
(utterly unimportant now) was suggested in the new wording. This was
the suggestion that the Article should not provide a _constitutional_
mode in which existing ability to interfere with slavery could be
_constitutionally_ exercised prior to the year 1808. This change
was immediately made by the Convention. Then, without the slightest
objection to any other part of the supposed absurd “grant,” the
Convention approved the newly worded Article.
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