Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The Americans of 1787, who “so well understood” the important
distinction, made their knowledge a noticeable thing in the
language of their Statute of ’76 and of their Constitution. With
their knowledge of the important distinction, they permitted the
respective states, through the respective legislatures thereof, to
constitute the government of states, to make the _federal_ Articles
of 1781. With their knowledge of the important distinction and in
deference to their own clear Statute of ’76, these intelligent
Americans refused to permit the states or the legislatures of the
states to establish the government of men, to make the _national_
Article--the First Article--which is the constitution of government
power to interfere with individual human freedom. Moreover, by their
knowledge of the important distinction and of the Statute, they knew
_that_ Constitution, that enumerated grant of national power over
themselves, to be “unalterable by government.” And that we and _all_
later Americans might also know it, _they_, the American people or
“conventions” of that day, insisted that the Tenth Amendment expressly
declare that they, those “conventions” of the American people, reserved
to themselves and their posterity, the “conventions” of any later day,
exclusive ability to alter that constitution of _national_ power, the
First Article. And, for the same purpose, _they_, the “conventions,”
mentioned themselves, the particular reservee of the exclusive ability
to alter that grant of national power, in one particular earlier part
of the Articles they made, the part we know as the Fifth Article.
Naturally, the two men, who worded that Article at Philadelphia and who
paid its later makers the deserved tribute to their knowledge of the
important distinction, mentioned those makers, “conventions,” in that
Fifth Article as future makers of all grants of _national_ power and
mentioned the legislatures, in the Fifth Article, as competent future
makers of Articles that do not constitute new _national_ government.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account