Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Long after the conventions in which we sit, the Supreme Court paid
the tribute to those who wrote the Fifth Article that they were
“masters of apt, precise and classic English.” Keeping this thought
in mind, our attention is directed to the three-time use of the one
word “propose” in the Fifth Article. We know that to use the same word
three times in one sentence is very poor English _unless_ there is a
distinct and definite intent and purpose that the meaning each time
shall be _identically_ the same. Such definite intent and purpose
is the only deduction from what would otherwise be the inexcusable
tautology of the language of the Fifth Article. So, when we read that
Congress “shall _propose_ amendments” or shall “call a convention for
_proposing_ Amendments” and that “one or the other mode of ratification
may be _proposed_ by the Congress,” we know with certainty that each
use of the word “propose” is intended to convey an identical shade of
meaning. From which we know that, as the _proposal_ of a new Article
(by Congress or a Convention) will be a mere proposal and will not
make the proposed Article valid, so also the Congress _proposal_ of
a mode of ratification will remain a mere proposal and will not make
that proposed mode valid for that proposed Article, unless its proposed
ratifiers are competent to make that particular kind of an Article.
This is what they had just known at Philadelphia about their own
proposals (both of Articles and of mode of ratification) to us as we
sit in the “conventions.” And so, in these conventions, we know the
proposals mentioned in the Fifth Article to be identical (in nature)
with the proposals made from Philadelphia. We know the procedure
outlined in the Fifth Article to be exactly the same procedure as has
just been followed at Philadelphia. We know that our ratification (in
these “conventions”) of that procedure will be our approval of the
procedure they followed at Philadelphia and will be its prescription
as the CONSTITUTIONAL procedure hereafter to be followed when either
existing ability, that of the state governments or that of ourselves in
“conventions,” is to be hereafter evoked to exercise. From all of which
we recognize that, if Congress should propose a mode of ratification
by state legislatures and the proposed Article is a grant of power
to interfere with the individual liberty of the American citizen,
the state legislatures will remain just as incompetent to make that
Article as they were known to be at Philadelphia when Madison and his
colleagues held them to be incompetent to make their proposed Article
of that kind, the First Article. And so we understand that the mere
Congress proposal of a mode of ratification (for _such_ an Article) by
state governments will not give state governments ability to make such
an 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