Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Sitting in those conventions of old, we are in the company of many of
the men who were at the Philadelphia Convention. In Virginia we see
Madison and Randolph and Mason and others; in New York we see Hamilton
and others; in Pennsylvania we see Wilson and others; in South Carolina
we see the Pinckneys and others. That is our experience in all the
conventions. On all sides, among the American people assembled therein,
are those familiar with and talking about the work at Philadelphia and
the great debate there, in which was _ascertained_, from the character
of the Articles drafted there, _which_ maker of Articles, the state
legislatures, with their existing ability to make federal Articles,
or the “people” themselves, the “conventions,” with their existing
unlimited ability to make all Articles, could make the Articles drafted
and about to be proposed. These men, by their presence and their
words, remind us how the nature of their First Article, the fact that
it constituted government to interfere with human freedom, compelled
the announcement of the decision that legislative governments could
never make _that_ kind of an Article. These men, by their presence
and their words, remind us how they reached the ascertainment of the
fact which _compelled_ their Proposing Resolution _to propose_ a mode
of ratification by the “people” themselves, by the “conventions” of
the Seventh and the Fifth Articles. They remind us, as one of the men
with us later said in the Supreme Court, that all assembled in our
“conventions” feel and acknowledge the legal necessity that every power
to interfere with individual freedom must be derived by direct grant
from the people. And, sitting in those conventions with them, where we
all read the Fifth Article they are asked to make, we recognize _with
certainty_ that it prescribes that the Congress shall do exactly what
the Philadelphia Convention has just done--propose, and nothing more.
The words of the Fifth Article tell us that only Congress shall draft
and propose a new Article, just as the Philadelphia Convention drafted
and proposed its new Articles; that, after Congress has drafted its new
Article and is about to propose it, just as the Philadelphia Convention
did, _when it exercised no power at all_, Congress shall examine
carefully the nature of the drafted Article and, having ascertained
by such examination _which_ existing ability to make Articles (the
limited ability of legislative governments or the unlimited ability of
the “people” or “conventions”) is competent to make that particular
Article, Congress shall propose ratification by the ability which can
make the proposed Article.
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