Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We have thus come to know with certainty that the minds of the
Americans at Philadelphia, during those strenuous four months, were
concentrated mainly upon a proposal to grant some _national_ power to
interfere with the human freedom of all Americans. In other words, we
have _their_ knowledge that their proposed First Article, by reason
of its grants of _such_ power, would constitute a new nation and
government of men, if those grants were validly made by those competent
to make _such_ grants.
Under which circumstances, we realize that it became necessary for
them to make a great legal decision, in the construction of basic
American law, and, _before_ making that decision, which was compelled
to be the result of judgment and not of will, accurately to ascertain
one important legal fact. Indeed, their decision was to be the actual
conclusion reached in the effort to ascertain that legal fact. This
was the single question to which they must find the right answer:
“Under our basic American law, can legislatures ever give to government
any power to interfere with the human freedom of men, or must every
government in America obtain its only valid powers _of that kind_ by
direct grant from its own citizens?”
It is easy for us to state that they should have known that the answer
to that question was expressly and authoritatively given in the
Statute of ’76. It was there plainly enacted that every just power of
any government must be derived from the direct grant of those to be
governed by its exercise. Yet our own leaders for the last five years
have not even asked the question, much less known the right answer.
At Philadelphia, in 1787, they _did_ know it. They had no doubt
whatever about it. We shall see that quickly in our brief review of
the record they made at Philadelphia in ascertaining and deciding,
as a legal necessity, to whom their First Article and its enumerated
grants of _national_ power must be sent and, when we boast of how
quickly we knew the answer, we should admit that we did not know it
until _after_ we had lived again with them through their experience of
the preceding ten or twelve years which had educated them, as it has
just educated us, to that knowledge. Furthermore, many of us average
Americans will be unable to explain, until later herein, why, during
the last five years, our own leaders have not known the right answer.
The Statute of ’76 has not been wholly unknown to them. The record of
the Philadelphia Convention and the ratifying conventions has not been
entirely a closed book to them. The important and authentic statements
of Webster and other leaders of past generations have been read by
many of them. If they did not understand and know the correct answer,
as we now realize they have _not_ known, let us not withhold from the
Americans at Philadelphia our just tribute of gratitude that they _did_
accurately know, when it was amazingly important to us that they should
know.
Public-domain text, read in full here on John Shaqi.
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