Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The Convention which framed the Constitution was, indeed, elected by
the state legislatures. But the instrument, when it came from their
hands, was a mere proposal, without obligation, or pretensions to it.
It was reported to the then existing Congress of the United States,
with the request that it might “be submitted to a convention of
delegates, chosen _in_ each state by the _people_ thereof, under the
recommendation of its legislature, for their assent and ratification.”
This mode of proceeding was adopted; and by the Convention, by
Congress, and by the state legislatures, the instrument was submitted
to the people. They acted upon it in the only manner in which they
can act safely, _effectively_, and wisely, on such a subject, by
assembling in convention. It is true, they assembled in their several
states; and where else should they have assembled? No political
dreamer was ever wild enough to think of breaking down the lines which
separate the states, and of compounding the _American_ people into one
common mass. Of consequence, when they [the _American_ people] act,
they act _in_ their states. But the measures _they_ adopt do not, on
that account, cease to be the measures of the people themselves, or
become the measures of the state governments. From these conventions
the Constitution [_the First Article grants of power to interfere
with individual freedom_] derives its whole authority. The government
proceeds directly from the people; is “ordained and established” in
the name of the people.... It required not the affirmance, and could
not be negatived, by the state governments.... To the formation of a
league, such as was the Confederation, the state sovereignties were
certainly competent.
But, when a general government of America was to be given any national
power to interfere with the individual freedom of its citizens, as in
the First Article of 1787 and in the Eighteenth Amendment of 1917,
acting directly on the people, the necessity of referring it to the
people, and of deriving its powers directly from them, was felt and
acknowledged by all. The government of the Union, then, (whatever
may be the influence of this fact on the case,) is, emphatically,
and truly, a government of the people. In form and _in substance_ it
emanates from them. _Its powers are granted by them_, and are to be
exercised directly on them, and for their benefit. (Marshall in the
Supreme Court, M’Culloch v. Maryland, 4 _Wheat._ 316.)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account