Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The First Article, as we know it, starts with the explicit statement
that all _national_ powers, which are granted by Americans in that
Constitution, are granted _to_ the only _American_ legislature,
Congress. It then provides how the members of each of the two bodies
in that legislature shall be elected. It then enumerates the granted
powers, confining them to specific subjects of interference with the
human freedom of the American citizen. It then, for the particular
security of that human freedom, imposes specific restraints upon that
legislature even in the exercise of its granted national powers.
Finally, it prohibits the further exercise of specific powers by any
state government.
No American, who reads the debates of the Philadelphia Convention
of 1787, can fail to realize that the grant of any _national_
power,--power to interfere with human freedom--_is_ the constitution
of government. The First Article was the subject of almost all the
discussion of those four months at Philadelphia. Seemingly invincible
differences of desire and opinion, as to who should elect and the
proportion (for citizens of the new nation and for states of the
continuing federation) in which there should be elected the members of
the legislature which was to exercise the granted _national_ powers,
almost ended the effort of that Convention. This was in the early part
of July. For exhausting days patriotic men had struggled to reconcile
the conflict of desire and opinion in that respect. One element, mainly
from the larger states, insisted that the members (from each state)
of both branches of the new legislature should be proportioned to the
number of Americans in that state. The other element, mainly from the
smaller states, insisted that the Americans in each state should have
an equal representation in each branch of the new legislature. Each
element was further divided as to who should choose the members of that
legislature. Some held that the people should choose every member.
Others held that the state legislatures should choose every member.
Still others held that each state should, by its legislature, choose
the members of one branch, so that those members might speak for that
state, and that the American people themselves, divided into districts,
should choose the members of the other branch, so that those members
might speak for the general citizens of America.
Mason of Virginia, later one of the great opponents of the adoption of
all the Articles, insisted that election by the people was “the only
security for the rights of the people.” (5 _Ell. Deb._ 223.)
Madison “considered an election of one branch, at least of the
legislature by the people immediately, as a clear principle of free
government.” (5 _Ell. Deb._ 161.)
Public-domain text, read in full here on John Shaqi.
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