Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
new nation and in their capacity as its citizens, should grant to its
government, the only government of those citizens of America, definite
and enumerated _national_ powers to interfere with their individual
freedom; and that--probably the most important and the least remembered
feature of the whole proposal--all other possible national powers over
themselves, as citizens of America, should be reserved exclusively
to themselves and be exercised or granted by them alone, “in the
only manner in which they can act safely, _effectively_, and wisely,
_on such a subject_, by assembling in Convention.” (Marshall, in the
Supreme Court, M’Culloch v. Maryland, 4 _Wheat._ 316.)
We have not forgotten that these Americans, to whom that proposal was
made, did act upon it in that only _effective_ way, by assembling in
their conventions.
To the formation of a league, such as was the Confederation, the state
sovereignties were certainly competent. 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. The government of the Union, then, (whatever
may be the influence of this fact on the case,) is, emphatically,
and truly, a government of the people. In form and in substance it
emanates from them. _Its powers are granted by them_, and are to
be exercised directly on them, and for their benefit. (Marshall,
M’Culloch v. Maryland, 4 _Wheat._ 316.)
In view of the startling fact that _our_ leaders and “constitutional”
lawyers have neither felt nor acknowledged the necessity that _new_
national powers of that government, new powers to interfere directly
with the individual freedom of _its_ citizens, must be derived
“directly” from those citizens, in the only effective way in which
they can act, on such a subject, by assembling in their conventions,
it is the duty of ourselves, the average American citizens of this
generation, to insist that _they_ learn this legal fact. When _they_
shall have learned what all Americans once knew, the freedom of
the American individual will be as secure as it was in 1790. No
legislature, no matter whence comes a suggestion to the contrary,
will dare to issue any command except to its own citizens, and only
to them in matters on which those citizens have granted power to that
legislature to command them.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account