Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
At once we notice with interest that these men, renowned as the
marvelous leaders of a people better acquainted with the science of
government than any other people in the world, men who have spent
three entire months and fifteen days in their wonderful effort to
frame a constitution which will secure “the Blessings of Liberty” to
all American individuals and their posterity, still have no knowledge
whatever, the weird and marvelous knowledge of 1917 and 1920, that
this Madison Fifth Article gives to the state governments the very
omnipotence which the American people, by a successful Revolution, had
just wrested from the British Parliament. We note with interest Mason’s
objection to the Madison “mode of procedure” in which may thereafter
be exercised the limited ability of these very state governments to
make _federal_ Articles and the unlimited ability of the people or
conventions to make _national_ Articles. Mason’s objection, having
direct reference to the grant of _national_ powers in the First Article
and his fear (the continued and expressed fear for the next two years
in the “conventions” of the Seventh and the Fifth Articles) that the
people may find these _enumerated_ powers oppressive, is that, if the
people _do_ find them oppressive, Congress, which has these powers,
will never _propose_ an Amendment to take any of these powers away from
Congress. For which reason Morris and Gerry moved to amend the Article
so that, if Congress does not propose an Amendment for which there
seems to be a demand, the legislatures of two thirds of the states may
insist that Congress call a convention and that such convention may
_propose_ an Amendment. This suggestion was carried.
We next find Sherman moving to strike out the words “three fourths”
after the word “legislatures” and after the word “conventions.” This
motion was defeated. We next find, _and we fix firmly in our mind with
intent never to forget_, that Gerry moved to strike out of Madison’s
Article all reference to the “people” of the Preamble and the Tenth
Amendment, the “conventions” of the Seventh and the Fifth Article,
as the makers of any future Articles or changes in the Constitution.
His motion was “to strike out the words ‘_or by conventions in three
fourths thereof_.’”
As _almost_ every one, during the last five years, including the
sponsor of the Eighteenth Amendment in the House of Representatives,
seems to have had an edition of our Constitution, in which the Fifth
Article does not contain these words, and as _everyone_, during the
same five years, has argued and acted as if these words were not in the
Fifth Article or have no meaning whatever of the slightest importance,
we intend to note _and never forget_ that Gerry’s motion to strike
these words out was beaten by a vote of ten to one.
Public-domain text, read in full here on John Shaqi.
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