Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
With this accurate knowledge always present in his mind and repeatedly
finding expression by him in the ensuing two years, it is natural that
we find in his remarkable letter of 1787, after his summary of what
Articles the new Constitution ought to contain and nearly every one
of which it does contain, the following significant statement: “To
give the new system its proper energy, it will be desirable to have
it ratified by the authority of the people, and not merely by that of
the legislatures.” From such a logical American, it is expected that
we should find accurate echo again and again of this deference to
basic American law in such later expressions as his statement in _The
Federalist_, Number 37, “The genius of republican liberty seems to
demand ... that all power should be derived from the people.”
Having thus grown well aware of the tremendous part played by Madison
in shaping the substance of the Constitution of government under which
we Americans live, let us return to the Philadelphia Convention in
which he figured so prominently and which worded and proposed the
Articles of that Constitution.
In the seven Articles, which were finally worded by that Convention,
there are but three which concern themselves at all with the vesting
of national power in government. They are the First, the Fifth and the
Seventh.
The First Article purports to give, in relation to enumerated matters,
_all_ the _national_ power which the Constitution purports anywhere to
grant to its only donee of power to make laws interfering with human
freedom, the national Legislature or Congress. Indeed, the opening
words of that First Article explicitly state that, “All legislative
Powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of Representatives.”
Then the remaining sections of that Article go on to enumerate all the
powers of that kind, the _national_ powers, which are granted in the
Constitution by the donors, the American people or citizens, assembled
in their conventions.
If there be any doubt in the mind of any American that the First
Article contains the enumeration of _all national_ powers granted
by the Constitution, the statements of the Supreme Court, voiced by
Marshall, ought to dispel that doubt.
This instrument contains an enumeration of powers expressly granted
by the people to their government.... In the _last_ of the enumerated
powers, that which grants, expressly, the means for carrying all
others into execution, Congress is authorized “to make all laws which
shall be necessary and proper” for the purpose. (Gibbons v. Ogden, 9
_Wheat._ 1.)
This “_last_” of the enumerated powers, as Marshall accurately terms
it, is that granted in the last paragraph of Section 8 of the First
Article.
Public-domain text, read in full here on John Shaqi.
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