Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When Hamilton stated, in those days of 1788, his conviction that new
Articles would relate to the “organization of government and not to
the mass of its powers,” he was epitomizing the common knowledge of
everyone, at that time, that the new Constitution was both _federal_
and _national_. He was predicting that the power to interfere with
individual liberty, to the extent which Americans had surrendered
any power _of that kind_ to their governments, had been so wisely
distributed, between the government of the citizens of America and the
political entity which was each state, that it would never be necessary
for the citizens of America to alter that distribution by giving any
more to _their_ government. That is why he prophesied that no new
Article of the kind which only “conventions” of those citizens can
make, Articles changing the “mass of powers” granted to that government
by the First Article, would ever be needed.
And we recall that this conviction probably influenced the last day
remembrance in the Philadelphia Convention by Madison and himself,
that the Fifth Article should also contain some reference to the state
legislatures and their future exercise of their existing abilities to
make _federal_ or declaratory Articles, which do not change the “mass
of powers” in that First Article grant and do not relate to government
interference with the individual liberty of the American citizen.
The statement of Hamilton was not meant as a prophecy. It was the
result of a great mind reasoning from cause to probable effect. As we
come down through the century or more that follows that statement and
reach the beginning of the year 1917, we pay our tribute to a mind
which could reason so correctly _as to what would happen for more
than a hundred years_. We shall find that never again, from 1787 to
1917, did experience find it necessary that the “conventions” of the
American citizens, the “conventions” named in the Seventh and the Fifth
Articles, should again be assembled to alter, as they alone can alter,
the mass of enumerated powers to interfere with their own individual
liberty, which they granted in that First Article.
Public-domain text, read in full here on John Shaqi.
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