Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Without a single exception, the fifty-seven lawyers on these briefs
base their every argument, no matter how those arguments may challenge
one another, on the ridiculous sheer assumption that the Fifth Article
is a great power of attorney to the state governments from the citizens
of America. All these fifty-seven lawyers ignore the undeniable
fact--mentioned continually in the “conventions” of the Seventh Article
which wrote their own name, “conventions,” into the Fifth Article--that
the Constitution is both _federal_ and _national_. This first mistake,
this ignoring of that fact, led all of them immediately into the
fatal error of wholly ignoring the vitally important fact that the
Fifth Article distinctly names those who already could make _federal_
Articles, the state governments, and those whose exclusive right it
always was and is to _make national_ Articles, the people assembled
in their “conventions.” Only because of these two mistakes, the next
step comes in the guise of the absurd concept that the Fifth Article
is a grant of _any_ power of attorney, from the citizens of America,
either to the “state legislatures” or the “conventions.” In this patent
absurdity, all fifty-seven lawyers concur. That each of them does not
see its patent absurdity is due entirely to the fact that not one of
them states the proposition, that the Fifth Article _is_ a grant, in
the frankest mode of stating it. That _frankest_ way is to state the
proposition in these words: “In the Fifth Article the citizens of
America, assembled in the ‘conventions’ of 1788, _granted_ to the
state legislatures _and_ to _themselves_, the citizens of America,
assembled in their ‘conventions,’ a quantum of power as attorneys in
fact of the citizens of America. We fifty-seven lawyers only differ
as to the _extent_ of the power which the citizens of America grant
to themselves and to the state governments. We, who _support_ the new
amendment, contend that the citizens of America grant to the state
governments and to the citizens of America _all_ the power of the
citizens of America. On the other hand, we, who _oppose_ validity,
contend that the citizens of America grant to the state governments and
to the citizens of America only _some_ of the unlimited power of the
citizens of America, the very power they were exercising when they made
the grant which is the Fifth Article.”
Public-domain text, read in full here on John Shaqi.
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