Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
This is one of those pictures which he exhibits to the Americans in
Virginia, assembled in their conventions: “What shall the states have
to do? Take care of the poor, repair and make highways, erect bridges,
and so on, and so on? Abolish the state legislatures at once. What
purposes should they be continued for? Our legislature will be indeed
a ludicrous spectacle--one hundred and eighty men marching in solemn,
farcical procession, exhibiting a mournful proof of the lost liberty of
their country, _without the power of restoring it_. But, sir, we have
the consolation that it is a mixed government; that is, it may work
sorely on your neck, but you have some comfort by saying, that it was a
federal government in its origin.” (3 _Ell. Deb._ 171.)
Clearly, neither Henry nor the other opponents of the new Constitution
had the modern ability to discern that it only _appeared_ to deprive
the state governments of much of their former powers. They could not
see, they did not know, that its Fifth Article granted those state
governments the omnipotence over individual liberty which the Statute
of ’76 had denied to the British Parliament. And because Henry and his
colleagues had not the discernment of _our_ leaders, we hear Wilson and
the supporters of the Constitution defending it against the plain fact
that it did rob the state governments of much of their former power.
For example, we hear Wilson saying: “The secret is now disclosed, and
it is discovered to be a dread, that the boasted _state sovereignties_
will, under this system, be disrobed of part of their power.... I
know very well, sir, that the people have hitherto been shut out of
the federal government; but it is not meant that they should any
longer be dispossessed of their rights. In order to recognize this
leading principle, the proposed system sets out with a declaration
that its existence depends upon the supreme authority of the people
alone.... When the principle is once settled that the _people_ are
the source of authority, the consequence is, that _they_ may take
from the subordinate governments powers with which they have hitherto
trusted them, and place those powers in the general government, if it
is thought that there they will be productive of more good. They can
distribute one portion of power to the more contracted circle, called
_state governments_; they can also furnish another proportion to the
government of the United States. Who will undertake to say, as a state
officer, that the people may not give to the general government what
powers, and for what purposes, they please? How comes it, sir, that
these state governments dictate to their superiors--to the majesty
of the people?... I have no idea that a safe system of power in the
government, sufficient to manage the general interest of the United
States, could be drawn from any other source, or vested in any other
authority, than that of the people at large; and I consider this
Public-domain text, read in full here on John Shaqi.
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