Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
There never has been any other possible meaning to those words in the
Fifth Article, “or by conventions in three fourths thereof.” To the
Americans who worded that Article at Philadelphia and to the Americans
who made that Article, assembled in just such “conventions” as are
mentioned in words therein, that quoted phrase was the most important
factor in the Fifth Article. To them, those quoted words therein were
the complement of their most important factor in the Tenth Amendment,
the reservation to themselves (“the people” or citizens of America) of
every _national_ power not delegated in the First Article. Together,
the two important factors were the command of the citizens of America
that all _national_ powers so reserved to themselves could be delegated
only by themselves, assembled in their “conventions” --“by conventions
in three fourths of” their states. We, who have lived through their
education with them, realize this with certainty. Webb and those who
believe with him know nothing about it.
Recognizing that Congress had been given no power to make the command
which is Section 1 of the new Amendment, they first asked the state
governments to make that command to the citizens of America. This was
an exact repetition of the error made by counsel in Kansas v. Colorado,
supra. This was their ignoring of the most important factor in the
Tenth Amendment. Then, that the display of their own ignorance should
contain something original, they ignored the most important factor
in the Fifth Article and requested that a new power, reserved by the
citizens of America to themselves, should be granted by the state
governments. Everything that they have said or done, during the last
five years, is based on that ignoring of that most important factor in
that particular Article.
Indeed Webb himself made this very clear at the very opening of his
appeal that Senate Resolution Number 17 be passed in the House on
December 17, 1917. He merely paused to make the lucid explanation
of how _two_ supreme powers act, and then went on to read the Fifth
Article as it appears in his expurgated edition of our Constitution.
This is the Fifth Article he read to our only legislature:
“that Congress, whenever two thirds of both houses shall deem it
necessary, shall propose amendments to this Constitution ... which
... shall be valid to all intents and purposes as part of this
Constitution, when ratified by the legislatures of three fourths of
the several states.”
Public-domain text, read in full here on John Shaqi.
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