Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
And so, we average Americans end our education in the only
“conventions,” named in the Seventh or the Fifth Articles, which yet
have assembled. And we end that education knowing that there is nothing
anywhere in the Constitution those conventions adopted, and especially
nothing in the Fifth Article, which changed the free American into
a subject of any government or governments in America. Everything
we have heard--and what we have repeated is but little of what we
have heard--serves but to emphasize the only meaning of its “apt,
precise and classic English,” the plain meaning which we got from its
language when we read it at the beginning of these conventions with the
Americans who made it.
It is, as its author explained it, naught but a constitutional mode of
procedure in which may be thereafter exercised, in a _constitutional_
manner, either the limited ability of state governments to make
Articles which do not concern themselves with the infringement of
individual liberty or the unlimited ability of the people themselves,
the “conventions” of the kind in which we have sat, to make any
Articles. The procedure prescribed for such constitutional exercise is
simplicity itself to those who sit in those conventions. It is exactly
the procedure just followed (up to the point where the work of any
proposer of a new Article and its mode of ratification must end) by the
Philadelphia Convention which drafted it and the other six Articles.
The Philadelphia Convention found itself without any CONSTITUTIONAL
mode of procedure in which could be evoked to exercise the existing
and exclusive power of the people of America to grant any government
power to infringe upon the individual liberty of the American citizens.
There being no _constitutional_ mode of procedure, no designated
body to draft Articles with such grants and to propose them and to
ascertain and propose the _valid_ mode of ratification for them, the
Philadelphia Convention did that work, guided only by basic American
doctrine, the Statute of ’76 and the experience of the “conventions”
which had made the national Articles of 1776. It followed a certain
mode of procedure in the doing of these things, knowing and stating
that to draft Articles and propose them and ascertain and propose the
right mode of ratification for them is not the exercise of any power.
With a knowledge which we of a later generation never should have
forgotten--and which we who have been educated with them never will
forget--the Philadelphia Convention knew that there were two makers of
Articles in America, each of which had exercised its respective and
different ability to make them, during the eleven years which preceded
the Philadelphia Convention. They knew that every Article that was
_national_ could be made by no one but the people themselves, the
“conventions,” which had made the _national_ Articles of ’76 and which
are named as the makers of all future Articles _of that kind_ in the
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