Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
And so, in those “conventions,” we need no constitutional thinker to
tell us the simple fact that only those who have can give. If the state
legislatures have not, as indisputably they have not, any ability to
exercise or to grant power of _general_ interference with individual
rights throughout America, and if, as the Tenth Amendment expressly
declares, the entire Constitution adds naught to their existing ability
to make Articles of another kind, the Fifth Article merely prescribes
the _constitutional_ mode of procedure, in which, by command of the
American people, that existing and limited ability shall thereafter be
exercised.
And likewise, if the American people themselves, the Seventh Article
“conventions” in which we are sitting, have _exclusive_ ability to
exercise or to give power of _general_ interference with their own
individual rights, and if, as the Ninth and Tenth Amendments together
expressly state, those “conventions” retain that exclusive ability,
clearly the Fifth Article reference to the same “conventions” of the
American citizens is but prescribing the _constitutional_ mode of
procedure in which, by command of the American people, that exclusive
ability of _their own_ shall thereafter be exercised. When the “apt,
precise and classic English” of the Fifth Article permits no other
meaning, we cannot imply that the Article intends to grant what one
supposed grantee (who is the supposed grantor) already has and what
the other cannot ever have. Nor can we imply that the Article intends
to provide a _constitutional_ mode of procedure in which those, who
have not, may give. Moreover, as this absurd implication would make the
individual American people “subjects,” as soon as they adopted that
Article, we now know, with absolute certainty, that the Americans,
in the “conventions” in which we are sitting, adopted it as their
fundamental law of procedure with the only meaning which its own “apt,
precise and classic English” permits.
Public-domain text, read in full here on John Shaqi.
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