Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We have no further interest in the short record of that September
15. No other change was made in the Madison Fifth Article except
to take out of it any _constitutional_ mode of procedure for the
exercise of the existing ability of ourselves, the “people” or
“conventions,” to deprive any state of an equal representation in the
Senate with every other state. We still can do that, but we have no
_constitutional_ mode of procedure under the Fifth Article by which
we can exercise our ability to do it. This change was not, however,
as so many have absurdly thought, an exception to an imaginary
power which we ourselves, the “conventions” of the Seventh Article
and the “people” of the Preamble and the Tenth Amendment, in those
very “conventions,” “granted” to ourselves, the same “people” and
“conventions” mentioned in the Fifth Article. It was a recognition of
our existing ability, about to be exercised in those “conventions,”
the ability of the supreme will in America to deprive any state of its
equal representation in the Senate; and it was our own exclusion of
that ability from any _constitutional_ exercise. The reflecting mind
will remember that, in the heated arguments at Philadelphia, there was
strong sentiment in favor of asking us, the people of America, the
“conventions” of the Seventh Article, to exercise our exclusive ability
in that very respect and make the Senate a body composed of members
elected from larger proportions of the people than the members of the
House of Representatives. It was the recollection of that effort which
prompted the request that our exclusive ability to do that very thing
should not be provided with a _constitutional_ mode of future exercise.
We average Americans may now leave, in our present education, the
entire story of that wonderful Convention at Philadelphia. We leave
it with a knowledge of our Constitution we never had until we had
lived with those Americans through the actual record of those three
months and seventeen days from the end of May to September 17, 1787.
We bring from it a knowledge that brooks no contradiction. We are
certain that nothing in any of the Articles proposed at Philadelphia
purported to give the state legislatures any power of any kind
whatever, in the Fifth Article or anywhere else, either to interfere
with the individual freedom of the American citizen or to grant the
power of such interference to themselves or to our only government, the
Congress. We bring from that Convention the knowledge that, _unless_
something in the conventions of the American people, the “conventions”
of the Seventh Article _and the Fifth Article_, changed the free men
of America, the citizens of America, into subjects of an omnipotent
legislative government, we ourselves in 1923 are still the citizens of
America and possessors of the supreme will in America and are subjects
of no government or governments in the world.
CHAPTER XI
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