Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
states, six tenths of the _people_ may reject these amendments....
So that we may fairly and justly conclude that one twentieth part of
the _American people_ may prevent the removal of the most grievous
inconveniences and oppression, by refusing to accede to amendments.
A trifling minority may reject the most salutary amendments. Is this
an easy mode of securing the public liberty? It is, sir, a most
fearful situation, when the most contemptible minority can prevent
the alteration of the most oppressive government; for it may, in many
respects, prove to be such.” (3 _Ell. Deb._ 48.)
So thundered Henry against the weakness of the Madison procedure
in which only by proposal from governments could there be
_constitutionally_ evoked the _exclusive_ ability of the citizens
of America to dictate how much power to interfere with individual
freedom should be left for the citizens of each state to use in
governing themselves, and how much power _of that kind_ should be
retained by the individual people of America themselves. Henry was
opposing a Constitution in which the individual people of America
were dictating that their general government, the Congress, should
have only the enumerated powers of that kind which are in the First
Article. In it, they were dictating that each state government, except
as the American people forbade it, should have just so much _of that
kind of power_ as the citizens of that particular state should grant
that government. And in it, they were dictating that the people of
America themselves, the most important factor and reservee of the
Tenth Amendment, should retain all other power _of that kind_ to be
granted only by themselves, the “conventions” of the Madison Fifth
Article. Throughout all his thunder against that Constitution, Henry,
like every other opponent of that Constitution, never questioned that
this was the exact distribution of power to interfere with individual
freedom which _was_ dictated in the Constitution. His only complaint,
and their only complaint, was that the Madison Fifth Article, _because_
its constitutional procedure could only be evoked by a proposal from
governments, was no protection to human liberty against the granted
power _of that kind_ in the First Article. The absurd thought of our
modern “constitutional” thinkers (contradicting the plain statement of
the Tenth Amendment and contradicting _everything_ that was said in the
“conventions” that made the Fifth Article) is that the Article itself
is a “_grant_” of omnipotent power to governments (the legislative
governments of the states) to interfere with individual freedom.
When we contrast the knowledge of Henry and his colleagues with the
modern absurdity, we echo Henry’s words and exclaim, “We suppose
that we are mad, or that our modern constitutional thinkers are so.”
If Henry had read into that Fifth Article, if the opponents of the
proposed Constitution had read into it, any “_grant_” of ability to
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