Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We average Americans, in the light of our education, reading the record
of that July 30 in our Senate, would have thought, _were it not for
one fact_, that every senator was using the expurgated edition of the
Constitution, which Webb later used in the House, and which omits
entirely from the Fifth Article the words, “by conventions in three
fourths of” the states. Were it not for that one fact our thought
would have been justified. We know that the proposition of Sheppard,
embodied in his Senate Resolution No. 17, was that the proposed new
Article should be referred to the tribunal of the state legislative
governments. We know, and we have quoted his own statement, which is
the basis of that knowledge, that he held that legislative tribunal to
be “the only tribunal having power of amending” our Constitution. We
know that he held this legislative tribunal to be “the proper tribunal
to decide the fate of this Amendment.” We know his confidence that this
legislative and government tribunal has “the right to shape, alter, and
develop” our Constitution, ordained and established by the citizens of
America. His conviction, in this respect, is stamped indelibly on our
mind, because it came in such sharp conflict with our knowledge that
_all_ Americans of an earlier day held that every _national_ Article,
like the First Article and the supposed Eighteenth Amendment, must be
referred to that other tribunal, the only tribunal competent to make
_such_ Articles where men are citizens and not subjects, the tribunal
of the American citizens themselves, the tribunal mentioned in the
Fifth Article in the words “by conventions in three fourths of” the
states in America.
We know, therefore, inasmuch as neither Sheppard nor any senator but
one apparently knew of the existence of that other and supreme tribunal
or of the presence of those words in the Fifth Article, that all
senators save that one must have been using an expurgated edition of
the Fifth Article.
Public-domain text, read in full here on John Shaqi.
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