Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
As we know, the “people” of America _themselves_ are identified
by the word “conventions” in this Fifth Article, just as they are
identified by the same word in the Seventh Article. As we know,
_we ourselves_--the posterity of the “people” of the Preamble--are
identified by this word “conventions” in the Fifth Article, just as we
are identified in the Tenth Amendment as the most important reservee
thereof by the word “people.” Wherefore our interest in this motion
of Gerry and its overwhelming defeat is only exceeded by our absolute
amazement, for the last five years, at the universal ignorance of the
fact that it _was_ defeated and of the fact that _we_ are mentioned
in the Fifth Article as the only competent makers of any new Articles
which either directly interfere or grant power to interfere with our
individual freedom.
We do not know, and to an extent we do not care, what was the purpose
of Gerry. Gerry was always an opponent of a Constitution which vested
_national_ power in a general government. He was an advocate of the
continued complete independence of each state and its government and of
a mere _federal_ union of states with a purely _federal_ constitution.
He was also always a consistent Tory in his mental attitude as to the
relation of human being to government. If he had been successful in
striking out any mention of ourselves, the “people” or “conventions,”
leaving only the mention of the state legislatures, with their existing
ability to make _federal_ Articles, it would have been impossible
that any further _national_ power (beyond the grants of the First
Article) be vested in the general government or taken from each state
government, as only we ourselves could make _national_ Articles like
the First. We surmise that a mixture of his Tory mental attitude and
his opposition to a general national government (which minimized the
importance and diminished the independent sovereignty of each state
government) prompted his motion. That his motion was overwhelmingly
defeated is the only important fact for us American citizens. We shall
not forget it even if our leaders and our “constitutional” thinkers
forget it and ignore it.
Public-domain text, read in full here on John Shaqi.
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