Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
As the people of New England had been the most thoroughly trained in
the actual experience of self government, we naturally find them acting
upon and clearly stating the American legal principle that legislatures
never can give ability _of that kind_ to government. The records
of Concord, Massachusetts, for October 21, 1776, show how clearly
this was understood by the Americans of that generation. After the
Philadelphia suggestion had been made, the Massachusetts legislature
framed a constitution and sent it to the Massachusetts townships for
approval. On that October 21, 1776, the people of Concord refused to
act upon it. Their reason was that government ability to interfere with
human freedom could never come from legislatures but must always come
_directly_ from the citizens themselves. Let the Americans of Concord,
in their own words, impart some of their knowledge to the Americans of
this generation.
“Resolved secondly, that the supreme Legislative, either in their
proper capacity or in joint committee, are by no means a body proper
to form and establish a Constitution or form of government for reasons
following, viz.: First, because we conceive that Constitution in its
proper idea intends a system of principles established to secure
the subject in the possession of and enjoyment of their Rights and
Privileges against any encroachment of the Governing Part. Secondly,
because the same body that forms a Constitution have of consequence a
power to alter it. Thirdly, because a Constitution alterable by the
Supreme Legislative is no security at all to the subject against the
encroachment of the Governing Part on any or on all their Rights and
Privileges.”
(See _Constitutional Review_, April, 1918, p. 97.)
The people of Concord or New England were not alone in this knowledge.
On this we have the later testimony of Marshall from the Bench of the
Supreme Court. Speaking of that day, a few years after 1776, when the
whole American people created _their_ nation and gave enumerated powers
_of that kind_ to _its_ government, he said:
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 powers, and acting directly on the
people, the necessity of referring it to the people, and of deriving
its powers _directly_ from them, was felt and acknowledged by all.
(M’Culloch v. Maryland, 4 _Wheat._ 316.)
Fixing this knowledge of that day firmly in our mind, let us go on with
the remarkable Americans of that generation through the next period in
which the relation of government to government and of nation to nation
was changed, but in which the status of the citizen of each nation and
his relation to all governments remained exactly what he and his fellow
citizens of that nation had made it.
Public-domain text, read in full here on John Shaqi.
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