Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In those same “conventions” (named in the Fifth Article) we insisted,
again in futile effort to keep modern “constitutional thinkers” from
monumental error, that there be written the exact declaratory statement
that the entire Constitution gave no power (to act for us, the
citizens of America, in any matter) to any donee except our new general
government, the government of the First Article enumerated powers. And,
in those “conventions,” we insisted that there be written into that
Constitution the accurate declaratory statement that all powers to act
for us in any matter, except the powers _of that kind_ we gave to that
one limited general government, we retained exclusively to ourselves,
the citizens of America, that they might be exercised only _by
ourselves_ or upon further grant _from ourselves_. Those two important
declaratory statements were written into that Constitution in the shape
of the Tenth Amendment.
That we ourselves might have a CONSTITUTIONAL mode of procedure
in which _constitutionally_ we could make that future exercise or
further grant of those powers which we reserved to ourselves, we named
ourselves--the “conventions” of the kind in which we sat--in the Fifth
Article and provided therein the CONSTITUTIONAL mode in which we
_could_ again do exactly what we were then doing in the same kind of
“conventions.” It was impossible for us in those conventions, “being
a people better acquainted with the science of government than any
other people in the world,” to anticipate that modern “constitutional
thinkers” should make the ludicrous mistake of inferring, from that
mention, that we--the “conventions”--granted to ourselves--the
“conventions”--all or some of the very power we were then exercising
in those “conventions.” Nor did we anticipate, inasmuch as _we_ (in
those “conventions”) never forgot that this new Constitution was
to be _federal_ as well as _national_, that modern “constitutional
thinkers” would make another monumental error in assuming that a
similar _mention_ of the existing ability of state legislatures (the
ability to make _federal_ or declaratory Articles) was a _grant_ to
those governments of our own power to make _national_ ones. Even if we
had possessed (in those “conventions”) the vision to see the future
that was 1920, we would have felt that the Statute of ’76, the opening
words of the First Article and the explicit declarations of the Tenth
Amendment made any such error impossible for modern “constitutional
thinkers.”
Yet, one or more of such errors are the basis of every argument in
every brief of the fifty-seven lawyers of 1920.
Public-domain text, read in full here on John Shaqi.
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