Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We Americans, who will listen later herein to some extraordinary ideas
about the Fifth Article from our modern “constitutional” thinkers,
wonder just exactly with how much indignation the Fifth Article would
have been spurned in all the conventions of that earlier day, if
Patrick Henry or any other great opponent of the proposed Constitution
had only been able to point out that the Fifth Article was a “grant”
to a general government (the legislative governments of some of the
states) not only of every power “expressly reserved by the people”
but also of every power given to Congress by the First Article. We
also wonder whether the indignation would have been increased or
entirely dissipated if Henry or some other opponent had informed those
conventions, the assembled people of America, a people so jealous
of all government interference, that the omnipotence was granted so
that the state legislatures, never elected by the American citizens
at all, might, without the slightest restraint or any constitutional
restriction, interfere with every individual right of the American
citizen.
While many apparently sane and reasonable modern inhabitants of America
have listened to such ideas in the last five years as if those who
advanced the ideas were talking or thinking intelligently, we rather
believe that the Americans in those early conventions, even from Henry,
would not have received such ideas complacently. However, as we have
found in those early Americans much of the natural humor which is
the characteristic of a human being who thinks for himself, we are
inclined to believe that the modern ideas in relation to the Fifth
Article, about which ideas we have just been talking, would not have
been received in any of those conventions with indignation but would
have been greeted with prolonged laughter.
But the Henry of those days had not the intellectual calibre of _our_
“constitutional” thinkers. Therefore, in those conventions, not even
from one of the many bitter opponents of the proposed Constitution,
do we hear any suggestion that there lurks somewhere in the Fifth
Article, between its lines, because not hinted at in its apt, precise
and classic English, the extraordinary grant of omnipotence to the
legislative governments of some of the states. On the contrary, in
every convention, we find the new Constitution bitterly assailed
because its provisions reduce the state governments to that pitiable
condition where Henry calls them the weakened, enervated and
defenseless state governments. Indeed, we are inclined to mirth when
we contrast these modern ideas of the Fifth Article (that it _grants_
omnipotence over individual rights to _some_ state governments)
with many of Henry’s word pictures of the effect of the proposed
Constitution on those state governments.
Public-domain text, read in full here on John Shaqi.
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