Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In this convention, where the Americans in Pennsylvania are assembled,
we have heard the consistent emphasis laid upon the fact that the
Constitution is both a _federal_ and a _national_ Constitution, the
distinction from all other constitutions so clearly recognized by the
Fifth Article mention of the two makers of Articles. Later herein we
will learn how this distinctive quality of our Constitution, this
distinction recognized in its Fifth Article as well as in its Tenth
Amendment, has neither been felt or acknowledged but has been wholly
ignored by our modern “constitutional” thinkers for five years last
past. At this point, therefore, it is well that we sit for a moment
in the Virginia convention and listen to Henry, the greatest and
most determined opponent of the Constitution before it was adopted.
With our minds fixed upon the language of the Fifth Article and its
clear mention of the exclusive existing ability of “conventions” to
make national Articles, a mention emphasized by the equally clear
recognition of the limited ability of the legislative state governments
to make Articles which are _not_ national, it is interesting to
hear Henry refer to the difference between _federal_ and _national_
Articles; and it is more than interesting, it is amazingly important
to hear him proving, _by the fact that the Americans in Virginia are_
assembled in one of the “conventions,” that the Articles which have
been just proposed from Philadelphia, _are national_ and, therefore, of
the kind that legislative governments can never make.
It is Thursday, June 5, 1788, the day on which began the immortal
Virginia debate. For a year, since the proposal from Philadelphia, the
new Articles have been the subject of the severest scrutiny on the part
of those determined to secure the rejection of those Articles by the
American people in Virginia. Throughout all America, these Articles
have been examined and assailed and condemned in public writing and
speech by those equally determined to secure their rejection by the
Americans assembled in the other “conventions.” On the other hand, the
same Articles have been explained and their necessity, if American
individual liberty is to be secure, has been demonstrated in the famous
essays which we now know as _The Federalist_, nearly all of which
essays were the work of Madison and Hamilton, who are responsible
for the wording and the meaning of the Fifth Article. Like the other
“conventions,” assembling when all minds sought the best protection
for individual liberty against oppressive governments, the members
of the Virginia convention have been carefully chosen to speak the
will of the Americans in Virginia by a simple “Yes” or “No” to these
seven Articles, the first of which constitutes government ability to
interfere with individual liberty.
Public-domain text, read in full here on John Shaqi.
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