Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
CONVENTIONS CREATE GOVERNMENT OF MEN
The Constitution is a written instrument. As such its meaning does
not alter. That which it meant when adopted it means now. _Being a
grant of powers to a government its language is general._... While the
powers granted do not change, they apply from generation to generation
to all things to which they are in their nature applicable. This in
no manner abridges the fact of its changeless nature and meaning.
Those things which are within its grant of power, as those grants were
understood when made, are still within them, and those things not
within them remain still excluded. (Justice Brewer, in the Supreme
Court, South Carolina v. United States, 199 _U. S._ 437, at p. 448.)
It is not only the same in words, but the same in meaning, and
delegates the same powers to the government, and reserves and secures
the same rights and privileges to the citizen; and as long as it
continues to exist in its present form, it speaks not only in the same
words; but with the same meaning and intent with which it spoke when
it came from the hands of its framers, and was voted on and adopted by
the people of the United States. (Scott v. Sandford, 19 _How._ 393, p.
426.)
From which common sense statements of what always has been both
reason and law, we know that whatever the Fifth Article meant to
those who made it, in the conventions named in it as well as in the
Seventh Article, it means today. There is no better way in which
we can grasp its meaning to the American people assembled in those
conventions, than by sitting with them and reading it as they read
it, with their fresh knowledge of all the wonderful things in which
they had participated from the Statute of ’76 to the proposal from
Philadelphia of 1787. As we have just lived through all that period
with them, we are in a wonderful position to read it and understand
it as they understood it. Moreover, we are in a wonderful position to
listen to the statements of the men in those “conventions.” In those
statements, whether by advocates or opponents of the Constitution, we
shall find the invincible negation--without one dissent--of the absurd
_assumption_ that Madison’s Fifth Article is a “_grant_” of any ability
_to make_ Articles. In those statements, we shall find all discussion
of that Fifth Article centering upon the one question, i.e., whether
it provides a practical mode of procedure in which the exclusive
ability of the “people” or “conventions” can defend individual rights
by _withdrawal_ of some part of the power of interference therewith
granted in the First Article. Mason had pointed out at Philadelphia
that the procedural provisions of the Fifth Article--_and it consists
entirely of procedural provisions for the exercise of existing
powers_--_left_ the drafting and proposal of Amendments entirely to
governments. For which reason, in the “conventions,” Henry and all the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account