Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When _those_ Americans came to answer that question, there were
facts which might have misled them as other similar facts of lesser
importance have undoubtedly misled our leaders.
In 1776, from that same Philadelphia had gone a suggestion that a
constitution of government, with Articles granting power to government,
be made in each former colony. In 1787, there had gone from that same
Philadelphia a proposal that a constitution of a general government for
America be made, with Articles granting power to that government. The
proposal of 1776 had suggested that the proposed Articles be made by
the people themselves, assembled in conventions. The proposal of 1777
had suggested that the proposed Articles be made by the legislative
governments of the states. Both proposals, even as to the makers
of the respective Articles, had been acted upon. All the Articles,
although some had been made by the people themselves and others by
legislatures, had been generally recognized as valid law. Some of the
men at Philadelphia in 1787 had been members of the proposing Second
Continental Congress, when the respective proposals of 1776 and 1777
had gone from Philadelphia. When, in 1787, they were called upon to
find and state, as their legal decision, the correct answer to their
important question, it was necessary for them to ascertain, as between
state “legislatures” and the people themselves, in “conventions,”
_which_ could validly make the Articles which had been worded and were
about to be proposed. It would not, therefore, have been beyond the
pale of our own experience if the earlier proposals had misled them and
they had made the wrong answer to the question which confronted them.
Furthermore, as we have already noted, although we can little realize
the influence of such a fact upon men seeking the correct legal answer
to an important question, their whole proposal was a new adventure
for men on an uncharted sea of self-government. Under all of which
circumstances, let us again pay them their deserved tribute that they
went unerringly to the only correct answer.
We know that the essence of that answer is expressed in the Seventh
Article proposed from Philadelphia. Only one answer was possible to
Americans of that generation. They had been “subjects” and had become
“citizens.” They knew the vital distinctions between the two relations
to government.
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