Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
On that day the Committee of Style reported the seven Articles which
we now know as our Constitution. The Madison amending Article, except
that “the legislature of the U. S.” was called “the Congress,” was
identical with that of September 10. As it is important that we
Americans shall never be told anything about the record of September
10 or September 15, in relation to this Madison Fifth Article, which
is not something that _is_ in the record, that we may be given no
distorted version of what happened in that Convention about the only
Article which ever mentioned state “legislatures” as makers of _some_
future Articles, we shall have again the pleasure of reading the entire
record of September 15. Again we read it from the brief of the great
“constitutional” lawyer of 1920 who argued on the assumption that this
Article, worded by Madison, was intended to make us and did make us,
the citizens of America, the subjects of an omnipotent government,
composed mostly of the client governments whom he represented in the
Court Room of 1920. This is his record of the full story of September
15 in relation to the Fifth Article of Madison, from which record this
“constitutional” lawyer and his associates hope to derive--how we know
not--some support for this belief and this argument.
“Mr. Sherman expressed his fears that three fourths of the States might
be brought to do things fatal to particular States, as abolishing
them altogether or depriving them of their equality in the Senate. He
thought it reasonable that the proviso in favor of the States importing
slaves should be extended so as to provide that no State should be
affected in its internal police, or deprived of its equality in the
Senate.
“Col. Mason thought the plan of amending the Constitution exceptionable
and dangerous. As the proposing of amendments is in both the modes to
depend, in the first immediately, and in the second, ultimately, on
Congress, no amendments of the proper kind would ever be obtained by
the people, if the government should become oppressive, as he verily
believed would be the case.
“Mr. Govr. Morris & Mr. Gerry moved to amend the article so as to
require a Convention on application of two thirds of the Sts.
“Mr. Madison did not see why Congress would not be as much bound to
propose amendments applied for by two thirds of the States as to call a
Convention on the like application. He saw no objection however against
providing for a Convention for the purpose of amendments, except only
that difficulties might arise as to the form, the quorum etc. which in
Constitutional regulations ought to be as much as possible avoided.
“The motion of Mr. Govr. Morris and Mr. Gerry was agreed to nem: con
(see: the first part of the article as finally past)
Public-domain text, read in full here on John Shaqi.
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