Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
For these reasons, if the supporters of the Eighteenth Amendment expect
us, now educated with those earlier Americans up to and including
the record of September 10, 1787, to believe that the Madison Fifth
Article, first worded on that day, purported to grant or was understood
and intended by Madison and his colleagues to grant any power to the
state legislative governments _in_ America over ourselves, the citizens
of America, we shall hereafter listen, with naught but amusement, to
these amateur “constitutional” thinkers and their effort to change
legal fact into fiction by assumption. Confirmed by our education with
Madison and the others who had all to do with the wording and the
making of that Fifth Article of September 10, 1787, we recognize, even
if these “constitutional” thinkers do not recognize, that we ourselves
are the “conventions” of the Fifth Article in which sit the American
people to exercise their exclusive ability to grant to government any
power to interfere with their individual freedom. We have now, even
if these “constitutional” thinkers never have had, the knowledge of
the legal necessity that power _of that kind_ must be derived from
ourselves, the “people” of the Tenth Amendment and the “conventions”
of the Seventh and the Fifth Articles--the necessity in 1787 “felt
and acknowledged by all.” We know, as Marshall knew in one of those
“conventions” of 1788 and as he knew and stated on the Bench of the
Supreme Court, that there is but one way in which we, the citizens of
America, can act safely or _effectively_ or wisely on the subject of
new interference with our individual freedom, by assembling in our
“conventions,” the “conventions” of the Fifth as well as the Seventh
Article.
And so, with our knowledge and certainty that the Madison Fifth Article
of September 10 never could change the status of the free American
into that of the subject of an omnipotent government, we come to the
last business day of the Philadelphia Convention, September 15, the
only other day on which the Madison Fifth Article, with its _mention_
of legislative ability to make _federal_ Articles but not _national_
Articles, was ever considered at Philadelphia.
Public-domain text, read in full here on John Shaqi.
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