Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The learned Pendleton, sound in his knowledge of basic American law
and quick to grasp the plain meaning of the Fifth Article of the new
Constitution, quickly answered Henry. “Where is the cause of alarm?
We, the people, _possessing all power_, form a government, such as we
think will secure happiness; and suppose, in adopting this plan, we
should be mistaken in the end; where is the cause of alarm on that
quarter? In the same plan we point out an easy and quiet method of
reforming what may be found amiss. No, but say gentlemen, we have put
the _introduction_ of that method in the hands of our servants, who
will interrupt it for motives of self-interest. What then?... Who
shall dare to resist the people? No, we will assemble in convention;
wholly recall our delegated powers or reform them so as to prevent such
abuse; and punish those servants who have perverted powers, designed
for our happiness, to their own emolument.... But an objection is made
to the form; the expression, We, the people, is thought improper.
Permit me to ask the gentlemen who made this objection, WHO BUT THE
PEOPLE CAN DELEGATE POWERS? Who but the people have the right to form
government?... _What have the state governments to do with it?_” (3
_Ell. Deb._ 37.)
We average Americans know and will remember that this learned American
lawyer, only twelve years earlier a _subject_ of an omnipotent
legislature, already knew the basic American principle to be that the
delegation of _national_ power _was_ the constitution of government
of a free people and that only the people, assembled in convention,
could delegate such power and that the state governments, under basic
American law, never can have the ability to delegate _that kind_ of
power. We regret that _our_ “constitutional” lawyers, all born free
citizens of a free republic, have not the same accurate knowledge of
basic American law.
Public-domain text, read in full here on John Shaqi.
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