Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
How accurately Madison himself knew all this, how accurately he knew
that the Philadelphia proposal would validate neither proposed Articles
nor proposed mode of ratification, and that Congress proposal in the
future would never validate either proposed Article or proposed mode of
ratification, he has not left to speculation.
It was the charge of the opponents of the proposed Constitution that
the Philadelphia Convention had exceeded its powers in proposing those
Articles. Madison defended himself and his Philadelphia associates
in _The Federalist_, Number 40, published in the New York _Packet_
on Friday, January 18, 1788. With his logical mind, he echoed the
knowledge of Wilson and his other colleagues, who had drafted and
proposed the Articles and proposed their ratification by the “people”
or “conventions” of the Seventh and the Fifth Articles. It was his
knowledge, as it was their knowledge, that the Philadelphia proposals
were, as the future Congress proposals would be, no exercise of power
and that the validity of any Article, proposed at Philadelphia or
proposed by Congress, must always depend, not _merely_ upon its being
ratified in the mode proposed respectively by Philadelphia or by
Congress, but also--and immeasurably the most important test of valid
ratification--upon its being ratified by ratifiers competent to make
the particular Article.
It was his knowledge, as it was their knowledge, as it is now our
knowledge, that if a proposed Article directly interfere with or grant
power to interfere with human freedom, as the First Article, or the
Eighteenth Amendment, it can never be validly made by government but
only by the “people” of the Tenth Amendment; the “conventions” of the
“Seventh” and “Fifth” Articles.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account