Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
This leaves to be considered only the Fifth and the Seventh Articles.
Like the First Article, they _relate_ to the vesting of _national_
power in our American _national_ government; but, unlike the First
Article, neither of them purports to grant any such power to any
government. They deal with the _manner_ of its grant by the only
competent grantors of power of _that kind_, the “conventions” of the
American people, called by that name, “conventions,” in the Fifth and
Seventh Articles. As the Seventh Article was intended by those who
worded it to accomplish its purpose simultaneously with and by reason
of its ratification, and as its purpose was the main object of the
Convention which framed all the Articles, we will consider it before
the Fifth.
The Seventh is merely the explicit declaratory statement of those
whose “expressed authority ... alone could give due validity to the
Constitution,” the Americans themselves assembled in their conventions,
that when the Americans, assembled in nine of those thirteen
conventions, have answered “Yes” to the entire proposed Constitution,
the American nation shall instantly exist, all Americans in those
former nations where those nine conventions assembled shall instantly
be the citizens of the new nation, and all the grants of _national_
power, expressed in the First Article of that Constitution, shall
have been validly made as the first important act of that collective
citizenship.
We now consider for a moment the Fifth Article, the only remaining one
which relates to grant of _national_ power. That Fifth Article does not
relate to grant of _national_ power alone. It also relates to grant of
_federal_ power. It relates to the _future_ grant of either of those
vitally distinct kinds of power. It is further proof of the logical
mind of the man who wrote that extraordinary letter of April, 1787, and
who largely, in substance, planned the entire system of a constitution
of government, both federal and national, which is embodied in our
Constitution. Madison and his associates, in _The Federalist_ and in
the Philadelphia Convention and in the various ratifying conventions,
repeatedly stated their knowledge that the proposed Constitution could
not possibly be perfect. With the utmost frankness, they expressed the
sane conviction that it would be contrary to all human experience,
if it were found perfect in the working out of an entirely new and
remarkable dual system of government of a free people by themselves,
For this reason, the Fifth Article was worded so as to prescribe a
_constitutional mode of procedure_ in which the _existing_ ability
of the _American_ citizens to make _any_ kind of Article, whether
_national_ or _federal_, could thereafter be invoked to exercise and be
exercised. It was also worded so as to provide a _constitutional mode
of procedure_ in which there could be likewise invoked to exercise and
be exercised the existing limited ability of the state legislatures to
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