Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
But, whatever the ignorance of our constitutional lawyers, _we_ know
why Madison, in his Fifth Article, mentions these “conventions”
in which free inhabitants are seen deliberating on new grants or
constitutions of government power to interfere with individual
freedom. When future grants of such power are suggested, there is
to be a CONSTITUTIONAL mode prescribed for the reassembling of such
“conventions” to make or refuse the grants.
Our experience with Madison and his colleagues would educate these
“constitutional” lawyers to keen realization that the Americans of old
knew the vital distinction, so important to individual liberty, between
permanent and existing state legislatures and these “conventions” of
the American people themselves, chosen for the one purpose of answering
“Yes” or “No” to a particular question previously carefully considered
by all the American citizens.
Let these “constitutional” lawyers spend a moment with Hamilton, on
Friday, March 14, 1788, when he was urging the American people to
adopt the Constitution with that Fifth Article.
He was discussing the mode which that Constitution provided for the
election of the Chief Executive of the new nation. The mode was that
the _American_ citizens, in each state, should elect a temporary
convention of delegates to deliberate upon and cast the votes of
Americans in that state for some American as President. We sense, at
once, the striking similarity between the temporary body, thus to
be chosen for _that_ purpose, and the temporary body or convention
also to be chosen to pass upon the _other_ single question, a “Yes”
or “No” to some particular proposed new grant of government power to
interfere with individual freedom. The danger to individual liberty
would necessarily be much less in having a permanent government body,
the legislature, cast the vote of the Americans in its state _for
an Executive_, than in having the same permanent government body or
legislature say the “Yes” or “No” of the Americans in that state _to a
new grant of government power_ to interfere with the individual liberty
of all Americans. Therefore, if we find Hamilton dwelling upon the
danger of state legislatures casting American votes for the American
Executive, we can be quite certain that neither Madison nor Hamilton
nor their colleagues _mentioned_ the existing ability of legislatures
to make _federal_ Articles (when these men worded and made their Fifth
Article) in order that their words might be twisted away from any
possible English meaning and say that the citizens of America appointed
these state governments, not a member of which is chosen by the
citizens of America, to be their omnipotent attorney in fact for every
purpose in the world, forever.
Public-domain text, read in full here on John Shaqi.
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