Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
To the “constitutional” lawyers who make this challenge, to all who
support such challenge, we commend many hours’ study of the statements
of Madison, who wrote the Fifth Article; of Hamilton, who supported its
introduction at Philadelphia; of Wilson, Pendleton, Henry, Iredell,
MacLaine, Jarvis, Lee, Mason, and the many others, with whom we have
sat in the “conventions” which made the Fifth Article. Particularly
do we commend a careful reading of the reasoning which led to the
decision at Philadelphia, in 1787, that the First Article, _because it
constituted government of men_, _must_ go to the “conventions” named
alike in the Seventh and the Fifth Articles and could not be validly
made by the state “legislatures” named in the Fifth Article. That
decision was based upon the unrepealed Statute of 1776, a statute well
understood in 1787, only eleven years after the Statute itself had been
enacted as the command of the whole American people. Finally, to those
who support this fourth challenge, we commend a thorough reading of the
law laid down by Marshall in the Supreme Court. If they thus educate
themselves as we have educated ourselves, they will be able to say with
Marshall: “To the formation of a league, such as was the Confederation,
the state sovereignties were certainly competent. But when, ‘in order
to form a more perfect Union,’ it was deemed necessary to change this
alliance into an effective government possessing great and sovereign
power and acting directly on the people, the necessity of referring it
to the people and of deriving its power directly from them, _was felt
and acknowledged by all_.”
And, if all shall complete their education with such men as Webster and
Lincoln, they will never again make the mistake of ignoring the vital
and important distinction in identity between “state legislatures”
and “conventions” of the American citizens, the distinction that the
former are never anything but governments and each the government
agent of the citizens _of one state_, while the “conventions” are the
citizens of America itself assembled in “conventions” to issue their
commands to themselves, to their government, to the states and to the
state governments. The completed education will enable these lawyers to
win future litigation against legislative governments who audaciously
attempt to usurp the exclusive and reserved powers of the “conventions”
of the American citizens.
In any of the three challenges negatived by the first, second and
fourth conclusions of the Supreme Court, we have failed to find any
suggestion of _our_ challenge, namely, that state “legislatures” have
audaciously attempted to usurp the exclusive powers reserved to the
“conventions” which are named in the Fifth Article.
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