Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Yet, if we average Americans pick up any volume of their recorded
debates in those “conventions,” we cannot scan a few pages anywhere
without finding the clearest recognition, in the minds of all, that
the American concept had become the basic American law, that the Tory
concept had disappeared forever from America. All of them knew that,
so long as the Statute of ’76 is not repealed and the result of the
Revolution not reversed, no legislatures in America can exercise any
power to interfere with human freedom, except powers obtained by direct
grant from the human beings over whom they are to be exercised, and
that no legislatures can give to themselves or to another legislature
any _such_ power. It was common in those “conventions” of long ago to
illustrate some argument by reference to this admitted legal fact and
the difference between the fundamental law of Great Britain and of
America, in these respects. In that North Carolina convention, the same
Iredell, after pointing out that the American concept of the relation
of citizen to all governments had become basic American law, contrasts
that fact with the fundamental law of Great Britain where “Magna Charta
itself is no constitution, but a solemn instrument ascertaining certain
rights of individuals, _by the legislature_ for the time being; and
_every_ article of which the _legislature_ may at any time alter.” (4
_Ell. Deb._ 148.)
In the Pennsylvania convention, on December I, 1787, one of the most
distinguished lawyers of that generation made a memorable speech,
expressing the universal knowledge that the American concept had taken
forever the place of the Tory concept in fundamental American law. We
commend a careful study of that speech to those of our public leaders
and “constitutional” lawyers, who for five years have been acting on
the assumption that the Tory concept has again become our fundamental
American law. We average Americans, after living with those earlier
Americans, are not surprised to listen to the statements of Wilson.
“The secret is now disclosed, and it is discovered to be a dread, that
the boasted _state sovereignties_ will, under this system, be disrobed
of part of their power.... _Upon what principle is it contended that
the sovereign power resides in the state governments?_... The proposed
system sets out with a declaration that its existence depends upon the
supreme authority of the people alone.... When the principle is once
settled that _the people_ are the source of authority, the consequence
is, that they may take from the _subordinate_ governments powers which
they have hitherto trusted them, and place those powers in the general
government, if it is thought that there they will be productive of more
good. They can distribute one portion of power to the more contracted
circle, _called state governments_; they can also furnish another
proportion to the government of the United States. Who will undertake
Public-domain text, read in full here on John Shaqi.
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