Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We now come to that part of Sheppard’s oration in which he makes
certain his remarkable “knowledge” that our Constitution was made by
the states--which are political entities--and not by the people of
America. With a complacency requisite in one who advocates that unique
constitution of a new kind of government in America, government of
the people by government without authority from the people, we find
him quoting from Calhoun of 1833 the doctrine that the states made
the Constitution. “In this compact they have stipulated, among other
things, that it may be amended by three fourths of the states; that is,
they have conceded to each other by compact the right to add new powers
or to subtract old, by the consent of that proportion of the states,
without requiring, as would otherwise have been the case, the consent
of all.” (_Congressional Record_, Vol. 55, p. 5553.)
The history of America from May 29, 1787, to July 30, 1917, was
clearly a sealed book to Sheppard of Texas on that later day.
On May 30, 1787, at Philadelphia, Randolph of Virginia offered the
three Resolutions, which proposed that the people of America create
a nation and absorb into their _national_ system the _federal_ union
which had been made by the states. The first resolution was to express
the sentiment of the convention “that the union of states merely
_federal_ will not accomplish the objects”; the second was to express
the sentiment that “no treaty or treaties among the whole or part of
the _states_, as individual sovereignties, would be sufficient”; and
the third was to express the sentiment “that a _national_ government
ought to be established, consisting of the supreme legislative,
executive, and judiciary.”
The work of that Philadelphia Convention was carried to a successful
conclusion on the basis of those sentiments. When their proposed
Constitution had been worded, it was sent to and made by the one people
of America, _not by the states_.
The Constitution of the United States was ordained and established,
not by the states in their sovereign capacities, but emphatically,
as the Preamble of the Constitution declares, by the “people of the
United States.”
So declared Justice Story, from the Bench of the Supreme Court, as far
back as the decision of Martin v. Hunter’s Lessee, 1 _Wheat._ 324. As
Story was an associate of Marshall on that Supreme Court, and as he is
recognized as one of the greatest exponents of our Constitution, we
average Americans prefer his knowledge to that of Sheppard even when
the latter does quote from Calhoun. Furthermore, in an unbroken line of
decisions, extending over the entire period of more than a century of
whose history Sheppard knows naught, the Supreme Court has insistently
proclaimed the same fact, namely, that the people of America--not the
states--made our Constitution.
Public-domain text, read in full here on John Shaqi.
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