Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We have now read, in those conventions of old and with the Americans
therein who made it, all of the Madison Fifth Article save the two
exceptions at the end thereof, beginning “provided that no amendment,
etc.” In those conventions, the meaning of those two exceptions
needs but a moment’s thought. One exception is that no change may be
_constitutionally_ made, prior to 1808, in relation to the existing
evil of human slavery. The other exception is that no change may
be _constitutionally_ made which shall give any state greater
representation in the Senate than each other state. These are not
exceptions to any power “_granted_” in the Article. No power of _any_
kind, as we already know, is “_granted_” anywhere in the Article,
but the Article does _mention_ two existing abilities, one limited
and the other unlimited, and prescribes the _constitutional_ mode of
procedure in which each of the respective existing abilities may be
exercised. The exceptions simply mean that the Article provides no
_constitutional_ mode of procedure in which may be exercised existing
ability to change the Constitution in the matters mentioned in the two
exceptions.
We average Americans have now examined carefully the record of the
wording of all our Constitution at Philadelphia and particularly
the record of the wording of the three Articles, the First and the
Seventh and the Fifth, which either purport to give or mention future
giving (by the “people,” who alone can give) power to interfere with
the individual freedom of the American citizen. Furthermore, we have
sat in the “conventions” of the American people, in which all those
worded Articles were made, and have read, with the Americans in those
“conventions,” the apt, precise and classic English of the Fifth
Article, which told them, _as it tells us_, that the Article merely
prescribes the _constitutional_ mode of procedure, in which thereafter
can be exercised either the existing limited ability of the state
governments or the existing unlimited ability of the American citizens
themselves, the “conventions” of the Seventh and the Fifth Articles.
We are certain, therefore, that nowhere in the Constitution, made
in those early “conventions,” can the most ingenious mind discover
what would have been the greatest blunder in the history of mankind,
anything which changed the actual and legal relation of the individual
American to government and made him the “subject” of any government
or collection of governments in America. It would be unwise, however,
for us to leave those conventions without listening to some few of the
great Americans, who sat therein, telling us how the new Constitution
does _secure_ the status of the free individual American and protect
his individual freedom from all usurpation by any government or
governments in America.
CHAPTER XIII
CONVENTIONS KNOW “CONVENTIONS” ARE “THE PEOPLE”
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