Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In that same North Carolina convention, James Iredell, later a
distinguished judge of our Supreme Court, in replying to the common
attack that the Constitution contained no Bill of Rights, displayed
clearly the general accurate knowledge that, in America, any grant of
_national_ power to interfere with human freedom _is_ the constitution
of government and that the citizens of any nation in America are _not_
citizens but subjects, _if_ even a single power _of that kind_ is
exercised by government without its grant directly from the citizens
themselves, assembled in their conventions. “Of what use, therefore,
can a Bill of Rights be in _this_ Constitution, where the _people_
expressly declare how much power _they_ do give, and consequently
retain all that they do not? It is a declaration of particular powers
_by the people_ to their representatives, for particular purposes. It
may be considered as a great power of attorney, under which no power
can be exercised but what is expressly given.” (4 _Ell. Deb._ 148.)
When we average Americans read the debates of those human beings, the
first citizens of America, one thing steadily amazes us, as we contrast
it with all that we have heard during the past five years. Some of
those first citizens were distinguished lawyers or statesmen, quite
well known to history. Some of them bore names, then distinguished
but now forgotten. Most of them, even at that time, were quite
unknown outside of the immediate districts whence they came. All of
them, twelve years earlier, had been “subjects” in an empire whose
fundamental law was and is that its legislative government can exercise
any power whatever to interfere with human freedom and can delegate
any _such_ power to other governments in that empire. The object of
the American Revolution was to change that fundamental law, embodying
the Tory concept of the proper relation of government to human being,
into the basic law of America, embodying the American concept of that
relation declared in the great Statute of ’76, that no government
can have any power _of that kind_ except by direct grant from its
own citizens. During that Revolution, human beings in America, in
conformity with their respective beliefs in the Tory or the American
concept of the relation of human being to government, had been divided
into what history knows as the Tories and the Americans. Many of the
human beings, assembled in those conventions of ten or twelve years
later, had been sincere Tories in the days of the Revolution.
Public-domain text, read in full here on John Shaqi.
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