Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
to interfere with individual freedom, in some matters, so as to secure
the greatest possible protected enjoyment of human liberty. They knew,
as only human beings _could_ know who were then offering their very
lives to uphold the basic law of America, that such ability could
never be validly given to any government by government itself, acting
in any manner, but only by direct action and grant of those later to
be governed by the exercise of that ability. What method did those
citizens, so thoroughly educated in the basic principles of republican
government, employ to secure the direct action of the human beings
themselves in giving that ability _of that kind_ to their respective
governments? They acted upon the suggestion from the Congress of
1776, as Marshall later expressed it from the Bench of the Supreme
Court, “in the only manner in which they can act safely, _effectively_
and wisely _on such a subject_, by assembling in convention” in their
respective states. Long before Marshall voiced judicial approval of
this _American_ method of direct action by the people themselves, in
matters in which only _the people_ themselves can validly act at all,
Madison, in the famous Virginia convention of 1788, paid his tribute to
these conventions of the people in each of the thirteen nations. This
was the tribute of Madison: “Mr. Chairman, nothing has excited more
admiration in the world than the manner in which free governments have
been established in America; for it was the first instance, from the
creation of the world to the American Revolution, that free inhabitants
have been seen deliberating on a form of government, and selecting such
of their citizens as possessed their confidence, to determine upon and
give effect to it.” (3 _Ell. Deb._ 616.)
Later herein there will be occasion to speak at greater length of this
American method of direct action by the people themselves, through the
deliberative conventions of deputies chosen by the people and from the
people for that one purpose, giving to governments a limited ability
to interfere with individual freedom. At this point, it is sufficient
to say that, since 1789 and until 1917, no government in America ever
claimed to have acquired ability _of that kind_ except through the
action of such a convention or conventions or through the direct voting
of its citizens themselves for or against the grant of such ability.
Public-domain text, read in full here on John Shaqi.
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