Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
At this point, we average Americans, sitting with those amazing
Americans in their “conventions,” fix firmly in our minds, _with intent
never to forget_, the fact that the “conventions” of the Seventh
Article command are indisputably the American people themselves;
that the “conventions” of the Fifth Article command are identical
(except as to the time in which the American people assemble) with the
“conventions” of the Seventh Article command; and that, therefore,
the “conventions” of the Fifth Article command are also the people
of America themselves. But the whole people of America are the “We,
the people” of the Preamble. They are the only reservee of the Ninth
Amendment, “the people” therein. They are the “most important factor”
and reservee of the Tenth Amendment, “the people” therein. Wherefore,
we grasp clearly why they are mentioned in the Fifth Article, because
they have no government attorney in fact--as they could not have if
we are “citizens of America”--to surrender what they reserved to
themselves in the Ninth and Tenth Amendments.
Sitting in those conventions, we recall the limited ability of state
legislatures, each speaking for its own state, to make _federal_
Articles, Articles that neither interfere nor give power to interfere
with individual liberty, the ability that made all the federal Articles
of 1781. And we recall that the Constitution does not take that ability
from the “states respectively” and _their_ governments but _reserves_
it to the “states respectively” and their governments, as the Tenth
Amendment expressly declares. And so we understand the _mention_ of
that limited ability in the Fifth Article in the words “ratified
by the legislatures of three fourths of the several states.” And,
educated by the experience of the amazing Americans with whom we sit,
we realize the meaning of this particular statement or command of the
supreme will, the people of America. That supreme will is creating a
new nation out of its human possessors. It is destroying forever the
complete independence of the respective states, but leaving each of
the states a political entity with citizens and much independence.
It is incorporating the system of a _federal_ union of states into
the new national system of a union of all individual Americans, and
it is subordinating the members of the _federal_ union and also the
_federation_ itself to the union of human beings, to the supreme will
in America, the will of the citizens of that nation. Therefore, as each
state is no longer completely independent, it is no longer necessary
that _every_ member of the _federal_ union shall utter its “Yes” to
the making of any new Article of the _federal_ or declaratory kind,
the only kind which governments ever can make. And so we clearly
understand, as the early Americans in their conventions understood at
once, that the words “ratified by the legislatures of three fourths
of the several states” was to be the command of the American people,
Public-domain text, read in full here on John Shaqi.
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