Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
And, remembering that the two distinct reservees of the Tenth Amendment
are respectively named in the Fifth Article, we keep in mind that the
new Constitution is both “a federal and a national Constitution.”
From which we know, as Wilson knew, that these reservees _are_ named
in the Fifth Article, the “state legislatures” because of their
limited ability to make _federal_ or declaratory Articles, and the
“conventions” because of their ability to make Articles _of every
kind_, the “conventions” of the Fifth and Seventh Articles being the
people themselves. As we are actually sitting with Wilson in one of
the “conventions” of the Seventh Article, there is no possibility of
our forgetting, as none of the people in any of those conventions ever
forgot, that the “conventions” of the Seventh Article are exactly the
same as the “conventions” of the Fifth Article and that both are the
people of America, assembled in their “conventions.”
None of the Americans in those conventions could be guilty of the
ridiculous modern blunder about the Fifth Article. None could possibly
read that Article to mean that the American citizens, “assembled in
conventions,” were granting to the American citizens, “assembled in
conventions,” any ability whatever to _make_ Articles. The modern
blunder becomes clear to us. Although the Seventh and Fifth Articles
have only been proposed and have not yet been made, we sit in one of
those “conventions” about to exercise ability to say “Yes” to any
Article, whether federal or national. So, with amazement at the blunder
of 1917 and 1920 about the Fifth Article, we listen intently to the
Wilson statement which brings home the absurdity of the idea that the
Article _is_ a _grant_ of ability to make Articles.
As in all those conventions, he is meeting the usual charge that the
new Constitution endangers individual liberty because it lacks a bill
of rights. As in all the conventions, he is pointing out that no bill
of rights is needed in a Constitution which gives to government no
power to interfere with individual freedom, except the specific and
enumerated powers of the First Article. He is repudiating the thought
that anywhere in the Constitution, in its Fifth Article or elsewhere,
outside of the First Article, is there any grant to any government of
power to interfere with individual liberty. And this is what he has to
say about the Philadelphia Convention, which ended in the preceding
September, and about the constitutional Articles that Convention
proposed, including the Fifth Article. “A proposition to adopt a
measure that would have supposed that we were throwing into the
general government every power not expressly reserved by the people,
would have been spurned, in that House, with the greatest indignation.”
(2 _Ell. Deb._ 436.)
Public-domain text, read in full here on John Shaqi.
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