Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Anticipating the extraordinary concept which we are later to hear in
1917 and 1920, that the citizens of America by the Fifth Article made
a collection of the state legislatures an omnipotent government over
everything in America, including every individual right, we wonder
if the constitutional thinkers of 1917 and 1920 remember that we are
sitting with a people who, just five years before the conventions in
which they and we sit, ended an eight-year war to make certain that
there never again should be a government of that kind in America, to
make certain that they themselves should never be the “subjects” of any
government or the citizens of any nation whose government should have
even one power to interfere with individual liberty, except power _of
that kind_ granted directly by its citizens themselves.
It was Maclaine in the North Carolina convention who first used the
exact expression that the Americans, who sit in the conventions where
we are, were a people “better acquainted with the science of government
than any other people in the world.” In the same convention, on July
29, 1788, this is what he had to say about the consistent attack upon
the Constitution, because it robbed the state legislative governments
of so much of their previous power. “Mr. Chairman, that it _will_
destroy the state sovereignty is a very popular argument.... Government
is formed for the happiness and prosperity of the people at large. The
powers given it are for _their_ own good.... The powers to be given
the general government are proposed to be withdrawn from the authority
of the state governments, in order to protect and secure the union at
large. This proposal is made to the _people_. No man will deny their
authority to delegate powers and recall them, in all free countries....
It may be justly said that it [the Constitution which contains the
Fifth Article] diminishes the power of the state legislatures, _and the
diminution is necessary to the safety and prosperity of the people_.”
(4 _Ell. Deb._ 180.) It certainly would have surprised Maclaine, as
well as all the Americans in those conventions, to have heard any one
of themselves stating that the same Constitution vested the state
governments with an omnipotence they had never possessed, the very
omnipotence denied to the British Parliament eleven years earlier.
Public-domain text, read in full here on John Shaqi.
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