Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
individual liberty and happiness and enjoyment of human freedom. It
is a concept which sets the state (a political entity created by men)
and the welfare of the state above what the Americans of ’76 and ’87
knew and proclaimed to be superior to all human creations, namely,
the individual man, the noblest creation of the Divine Creator. In
other words, the common concept of the Bolshevik Russian and the new
Amendment American is but the reaction to the century-old concept whose
repudiation was the main theme of the Declaration of Independence, the
concept that individual men, the creation of God, are made for kings or
governments or political entities.
To those who hold such a concept there comes no shock when they are
asked to imagine that the language of the Fifth Article implies a grant
of ability to the state governments to do what those governments will
with the liberties of the citizens of America. But we are sitting in
“conventions” of Americans of a different type, Americans who, eleven
years earlier, have repudiated forever the concept that men are made
for kings or governments or political entities. And, if we wish to know
what the Americans in these conventions think of the concept of the
Bolshevik Russian and the Eighteenth Amendment American, we get our
wish from the man who wrote the language of the Fifth Article.
“We have heard of the impious doctrine in the Old World,” the
reactionary doctrine of modern Russia and of our own aggressive
minority, manifested in two different disguises, “that the people were
made for kings, not kings for the people. Is the same doctrine to be
revived in the New, in another shape--that the solid happiness of the
people is to be sacrificed to the views of political institutions of
a different form?... As far as the sovereignty of the states can not
be reconciled to the happiness of the people, the voice of every good
citizen must be, Let the former be sacrificed to the latter. How far
the sacrifice is necessary, has been shown. How far the unsacrificed
residue will be endangered, is the question before us.”
This is the language of Madison, in _The Federalist_, Number 45, asking
the individual Americans to make the Constitution to secure their
individual happiness. It will amaze us later herein to hear the thought
of our modern “constitutional” thinkers that his Fifth Article makes
the state governments (from whom that Constitution took sovereignty to
secure the individual happiness of the American citizen) a supreme and
omnipotent government of the American citizens, a government knowing no
will but its own. Meanwhile let us forget this latter day nonsense and
breathe again the real American atmosphere, where individuals, entering
a society, give up a share of their liberty, to preserve the rest. Let
us sit with the real “constitutional” thinkers of America as they sat
in the conventions and read with them the Fifth Article worded by
Madison. This is what they read:
ARTICLE V
Public-domain text, read in full here on John Shaqi.
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