Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In 1777 the committee of the American people known as the Second
Continental Congress proposed a union of states or political entities
and a general government to govern states but not to interfere directly
with the human freedom of the individual. Because there is a vital
distinction between the ability to govern states and the ability to
interfere with individual freedom, those Americans knew that states or
political entities could make _federal_ Articles but that only citizens
could ever validly make _national_ Articles. It was impossible for
these Americans not to know this difference between the respective
abilities of states and citizens of America. Their Statute of ’76
had declared this sole American concept of the law controlling the
relation of government to human being. They were actually engaged in
their Revolutionary War for the very purpose of making it forever
American law that no governments could ever grant _national_ power in
any matter. Because, therefore, the proposed Articles of 1777 were
only _federal_ Articles with grants of _federal_ power, it was “felt
and acknowledged by all” that the state legislatures were competent
to make _those_ Articles. So we recall, with intent to remember, that
those _federal_ Articles were made in the exercise of that legislative
government ability to make _federal_ Articles, which is mentioned in
our own Fifth Article.
In 1787, from the same Philadelphia, there came the proposal that
the American people, collectively the possessors of the supreme will
in America, create a new nation, with themselves as its members or
citizens and, as its members, constitute its government with _national_
powers to interfere with their own individual freedom. Because the
legal necessity of deriving powers _of that kind_ from the people
themselves was “felt and acknowledged by all,” the inevitable legal
decision was reached at Philadelphia that the existing ability of
legislative governments to make _federal_ Articles neither then did
nor ever could include the ability to make _national_ Articles like
the First Article and the supposed Eighteenth Amendment. By reason of
that legal necessity and its then recognition by all, because the First
Article contained grants of _national_ power, “by the convention, by
Congress, and by the state legislatures, the instrument was submitted
to the people. They acted upon it in the only manner in which they can
act safely, effectively, and wisely on such a subject, by assembling
in convention.” The reasoning and the decision itself were embodied in
Article VII and in the Resolution which went from Philadelphia with the
proposed seven Articles, including the Fifth Article.
Public-domain text, read in full here on John Shaqi.
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