Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
This remarkable letter then goes on, paragraph by paragraph, to suggest
that, in the new Articles, the principle of representation be changed,
so as not to be the same for every state; the new government be given
“positive and complete” _national_ power “in all cases where uniform
measures are necessary”; the new government keep all the federal
powers already granted; the judicial department of the new government
be nationally supreme; the legislative department be divided into two
branches; the new government have an executive department; there be an
Article guaranteeing each state against internal as well as external
dangers. In other words, the letter reads like a synopsis of the
principal provisions of our present Constitution, although the letter
was written over a month before the Philadelphia Convention began to
draft that Constitution.
One paragraph in that remarkable letter is very important as the
first of many similar statements, with the reasons therefor, made by
Madison in the Philadelphia Convention, in the Virginia convention
which ratified the Constitution and in _The Federalist_ which urged its
ratification. Madison was writing his letter within a few short years
after the American people had made their famous Statute of 1776. He
knew its basic law that every ability in government to interfere with
individual freedom must be derived directly by grant from those to be
governed. He knew that governments could give to government _federal_
power to prescribe rules of conduct for nations. He also knew that
governments could not give to government any power to prescribe rules
of personal conduct which interfered with the exercise of individual
human freedom. In other words, he knew the existing and limited ability
of legislatures to make _federal_ Articles and that such limited
legislative ability was not and never could be, in America, competent
to make _national_ Articles. He also knew the existing ability of
Americans themselves, assembled in their conventions, to make any kind
of constitutional Article, whether it were federal or national. He knew
that the limited ability had been exercised in making the _federal_
Articles of the existing federation and that the unlimited ability
had been exercised, in each existing nation, in making its _national_
Articles.
Public-domain text, read in full here on John Shaqi.
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