Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In the South Carolina convention, Pinckney said: “With us, the
sovereignty of the Union is in the people” (4. _Ell. Deb._ 328), and
again “I conceive it as _indispensable_, in a republic, that all
authority should flow from the people.” (4 _Ell. Deb._ 326.)
Hamilton, one of the people assembled in the New York convention, said:
“As the people are the only legitimate fountain of power, and it is
from them that the constitutional charter, under which the several
branches of government hold their power, is derived, it seems strictly
consonant to the republican theory, to recur to the same original
authority,” the people themselves, the “conventions” of the Fifth
Article and the Seventh, “whenever it may be necessary to enlarge,
diminish, or new-model the powers of government.” (_Fed._ No. 49.) He
could hardly have made more clear his knowledge that the Fifth Article
was not a “grant” of power to the state governments. As Madison and
Hamilton proposed and seconded the only Fifth Article, at Philadelphia,
which ever mentioned the state legislatures, their own words have great
weight in the interpretation of its language. For which reason, it is
well to recall again that Madison, in _Federalist_ Number 37, clearly
said that “the genius of republican liberty seems to demand ... not
only that all power should be derived from the people.” And either
Madison or Hamilton said in _The Federalist_, Number 49, the reference
to the Fifth Article being unmistakable from what they said, “There
is certainly great force in this reasoning, and it must be allowed to
prove that a constitutional road to the decision of the people ought
to be marked out and kept open, for certain great and extraordinary
occasions.” As they both maintained, at the Philadelphia Convention
and thereafter, that the ability of state governments was incompetent
to constitute government with national powers to interfere with human
freedom, and as they both repeatedly stated that it would be contrary
to the genius of republican liberty that _any_ governments should
have that ability, they have made unmistakable _their_ knowledge that
the Fifth Article, which they proposed and seconded and which Madison
probably worded, did not grant any such ability to governments.
Public-domain text, read in full here on John Shaqi.
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