Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Rufus King of Massachusetts, influenced undoubtedly by the error
of thinking that the Convention meant to act within the Articles
of Confederation, was inclined to agree with Ellsworth “that the
legislatures had a competent authority, the acquiescence of the
people of America in the Confederation being equivalent to a formal
ratification by the people.... At the same time, he preferred a
reference to the authority of the people, expressly delegated to
conventions, as the most certain means of obviating all disputes and
doubts concerning the legitimacy of the new Constitution.” (5 _Ell.
Deb._ 355.)
Madison “thought it clear that the legislatures were incompetent to the
proposed changes. These changes would make essential inroads on the
state constitutions; and it would be a novel and dangerous doctrine,
that a legislature could change the constitution under which it held
its existence.” (5 _Ell. Deb._ 355.)
Ellsworth’s motion to send to the state legislative governments, and
not to the people themselves, assembled in “conventions,” was lost by
a vote of seven to three. Resolution Number 19, that the new Articles
must be sent to the people themselves was adopted by a vote of nine to
one, Ellsworth and King both voting for it. (5 _Ell. Deb._ 356.)
This impressive discussion, now continued for over a month of 1787,
with its display of accurate knowledge of the distinction between
sending Articles to legislatures and “_referring_” them to the people,
makes quite amusing what we shall hear later in 1917. It will come
from the counsel of the political organization which dictated that
governments should make the supposed Eighteenth Amendment. After he
kindly tells us that history has proven that these Americans of 1787
“builded more wisely than they knew,” meaning “than he knew,” he
shall later impart to us the remarkable information that “the framers
in the Constitutional Convention knew very little, if anything, about
referendums.”
The Resolutions, which had now become twenty-three in number,
on July 26, were referred to the Committee of Detail to prepare
Articles in conformity therewith. On August 6, that Committee made
its report of twenty-three worded Articles. In Article XXII was
embodied the requirement that the Constitution should be submitted
“to a _convention_ chosen in each state, under the recommendation
of its legislature, in order to receive the ratification of such
_convention_.” This provision, the Philadelphia answer and always the
only legal answer to the question as to who can validly grant power
to interfere with individual freedom, was later seen not properly to
belong in the Constitution itself. For which reason, it was taken out
of the Constitution and embodied in a separate Resolution which went
with the Constitution from Philadelphia.
Public-domain text, read in full here on John Shaqi.
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