Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Marshall was one of the Americans who had been at Valley Forge in
1778, and at other places whose sacrifices _made_ it the basic law of
America that all power over American citizens _must_ be derived by
direct grant from themselves. Later, he was prominent in the Virginia
convention where all Americans in Virginia knew and acted upon this
basic law. These facts qualified him to testify, from the Bench of the
Supreme Court, that _all_ Americans _then_ knew and acknowledged the
binding command of that basic law.
Under such circumstances, it was impossible that the Americans at
Philadelphia should not have known and obeyed that law in the drafting
of their proposed Seventh _and Fifth_ Articles. Both of these Articles,
the Seventh wholly, and the Fifth partly, deal with the _then_
future grant of national power over the people and its only _legal_
gift by direct grant from the people themselves, assembled in their
“conventions.” Both Articles name the people of America, by the one
word “conventions.”
That Philadelphia should not have strayed from the legal road clearly
marked by the Statute of ’76 was certain when we recall how large a
part Madison played at Philadelphia, and particularly how he personally
worded and introduced, in the closing hours at Philadelphia, what we
know as its Fifth Article. As to his personal knowledge of this basic
law, we recall his letter of April, 1787, where he said, “To give
the new system its proper energy, it will be desirable to have it
ratified by the authority of the people, and not merely by that of the
legislatures.” And we recall his later words, when urging Americans to
adopt the Constitution with its Fifth and Seventh Articles, he said of
the Seventh, “This Article speaks for itself. The express authority of
the people _alone_ could give due validity to the Constitution,” to its
grants of power over the people in its First Article. (_Fed._ No. 43.)
That we may fix firmly in our own minds the knowledge which all
Americans _then_ had, which _our_ leaders never acquired or have
entirely forgotten, let us briefly review what the earlier Americans
did at Philadelphia in obedience to that knowledge of basic American
law.
On May 28, Randolph of Virginia “opened the main business” of the
Convention. He proposed fifteen resolutions embodying the suggestion of
what should be in the different Articles. Resolution Number 15 was that
such Articles should be submitted to “_conventions_,” “to be expressly
chosen by the people, to consider and decide thereon.” (5 _Ell. Deb._
128.)
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