Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In those important words of the Fifth Article, “in three fourths
thereof” after the word “conventions,” we _now_ recognize the judicious
mixture of the federal principle in our own command which controls our
future CONSTITUTIONAL exercise of our exclusive ability to create new
power to interfere with our individual freedom.
These words do not challenge or disturb the legal American necessity
that our American government must get any new power _of that kind_
from us ourselves, assembled in our “conventions.” _But_, with a
practical wisdom never exceeded in framing the “constitution” of a
self-governing nation, these words impose an amazingly effective check
upon the existing ability of a majority or aggressive minority, in the
republic which is America, to interfere with individual rights. These
words do not attempt to destroy or alter that existing ability of the
citizens of the new republic. On the contrary, these words recognize
the existence of that ability. But, with the wisdom which means so much
security to every individual right in America, these words make it
impossible that such ability can be CONSTITUTIONALLY exercised unless
a majority or an aggressive and organized minority, when seeking new
government power to interfere with the individual freedom of the
American citizen, obtain a majority support from the American citizens
residing in every one of three fourths of the state in America.
Leaving (just for a moment) the conventions of the old days, we of this
generation realize with gratitude the check so provided. We understand
now, as we never understood before, why the organized minority which
demanded that government write the new Amendment into our Constitution
was driven by this constitutional check to ignore the plain fact that
the new Amendment can never validly be put into the Constitution (if we
still are citizens and not subjects) unless a “Yes” from the “people”
themselves, the “conventions” of the Fifth Article, is obtained from
three fourths of those “conventions.” We realize that the organized
minority in question must support their proposition on the concept that
Madison and Hamilton, who introduced and seconded the Fifth Article at
Philadelphia, intended that Article “to create a will in the community”
(which is America) “independent” of the supreme will of the American
people themselves, intended it to create that anomaly of a superior
will to the supreme will and to make that superior will the will of
the legislative governments of a fraction of the states. We refer
that organized minority to the quoted words of Madison or Hamilton,
referring to such creation of a will independent of the people
themselves: “This, at best, is but a precarious security, because a
power independent of the society may as well espouse the unjust views
of the major, as the rightful interests of the minor party, and may
possibly be turned against both parties. The second method [not the
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