Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Is there any doubt that Madison, who wrote the Fifth Article, knew
whom its word “conventions” described? When he asked the one American
people to make the entire Constitution, this is what he told them about
the Seventh Article, in which the same word “conventions” was used:
“This Article speaks for itself. The express authority of the people
alone could give due validity to the Constitution.” If the Seventh
Article “speaks for itself” and points out that “the people alone”
are to make the Constitution, with its grants of _national_ power in
the First Article, what word in that Seventh Article identifies the
makers of the Constitution, which Madison and all Americans know was
made by the _one people_ of America? Is there any word in it except the
one word “conventions” to describe the people or citizens of America?
And if that one word “conventions” makes the Article speak for itself
and tell us that the American citizens themselves made the whole
Constitution, does not the word “conventions” in the Fifth Article
speak just as plainly for itself and tell us that it also describes and
identifies the one people of America, the citizens of America?
Why then tinker with the Fifth Article and repeat the monumental
error on which the existence of the Eighteenth Amendment is assumed?
Why propose an Amendment to the Fifth Article, which Amendment will
itself assume that the Fifth Article already is a “grant” to the state
legislatures of ability to give away from the citizens of America their
exclusive power to say to what extent and in what matters their one
American government may interfere with their individual freedom in
their character as American citizens?
Public-domain text, read in full here on John Shaqi.
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