Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We remember that Madison, who worded the Fifth Article, and Hamilton,
who seconded it at Philadelphia, did not so believe but knew that
such belief came in direct conflict with basic American law. “As the
people are the only legitimate fountain of power, and it is from them
that the constitutional charter, under which the several branches of
government hold their power, is derived, it seems strictly consonant
to the republican theory, to recur to _the same original authority_
[the people themselves in “conventions”] whenever it may be necessary
to enlarge, diminish, or new-model the powers of the government.”
(Hamilton in _The Federalist_, No. 49.) “The fabric of American Empire
ought to rest on the solid basis of the _consent of the people_. The
streams of _national_ power ought to flow _immediately_ from that pure,
original fountain of all legitimate authority.” (Hamilton in _The
Federalist_, No. 22.) “The express authority of the people alone could
give due validity to the Constitution.” (Madison in _The Federalist_,
No. 43.) “It is indispensable that the new Constitution should be
ratified in the most unexceptionable form, by the supreme authority of
the people themselves.” (Madison, at Philadelphia, 5 _Ell. Deb._ 158.)
“The genius of republican liberty seems to demand on one side, not only
that all power should be derived from the people, etc.” (Madison in
_The Federalist_, No. 37.) and “There is certainly great force in this
reasoning, and it must be allowed to prove that a constitutional road
to the decision of the people ought to be marked out and kept open, for
certain great and extraordinary occasions.” (Madison or Hamilton in
_The Federalist_, No. 49.)
We average Americans know that, in the Fifth Article, there is “marked
out and kept open, for certain great and extraordinary occasions a
_constitutional_ road to the decision of the _people_” when their own
exclusive ability is alone competent to do what is deemed wise to be
done. We know that the direct command to American citizens, interfering
with their individual freedom and contained in Section 1 of the new
Amendment, was the first direct command _of that kind_ ever attempted
to be put in our Constitution. We know that the grant of power to
make such commands, which is the grant of the second section of that
Amendment, is the first and only grant _of that kind_ ever supposedly
made since 1788. Knowing these undoubted facts, we cannot understand
why Webb and those of his Tory faith did not know that the request for
the command of Section 1 and for the grant of Section 2 was “a great
and extraordinary” event, and that only through the “_constitutional_
road for the decision of the _people_” themselves, “marked and kept
open” in the Fifth Article, the assembling of the people themselves
in their “conventions,” could a valid command and a valid grant be
achieved.
Public-domain text, read in full here on John Shaqi.
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