Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In Article XXI, the first draft of our Article VII, it was provided:
“The ratification of the _conventions_ of ---- states shall be
sufficient for organizing this Constitution.” (5 _Ell. Deb._ 381.)
The month of August was passed in the great debates on the proposed
grants of national power and the other proposed Articles. When the
Convention was drawing to a close on August 30, Articles XXI and XXII
were reached.
Gouverneur Morris of Pennsylvania “moved to strike out of Article
XXI the words, ‘_conventions_ of the,’ after ‘ratification,’ leaving
the states to pursue their own modes of ratification.” Rufus King
“thought that striking out ‘_conventions_,’ as the requisite mode,
was equivalent to giving up the business altogether.” Madison pointed
out that, “The people were, in fact, the fountain of all power.” The
motion of Morris was beaten. An attempt was made to fill the blank in
Article XXI with the word “thirteen.” “All the states were ‘No’ except
Maryland.” The blank was then filled by the word “nine” the vote being
eight to three. The two articles were then passed, the vote thereon
being ten to one. (5 _Ell. Deb._ 499-502.)
On September 10, the beginning of the last business week of the
Convention, Gerry of Massachusetts moved to reconsider these two
Articles. The short discussion was not in connection with any matter
in which we are now interested. His motion was lost. The entire set of
worded Articles was then referred to a committee for revising the style
and arrangement of the Articles agreed upon. (5 _Ell. Deb._ 535.)
On Wednesday, September 12, that Committee reported our Constitution,
with its seven Articles, as we know them except for some slight
changes made during the discussions of the last three or four days of
the Convention. In these seven Articles, the language of the earlier
Article XXII did not appear. As it really was the statement of the
correct legal conclusion of the Convention that its proposed Articles,
_because_ they would grant power to interfere with individual freedom,
_must_ necessarily be made by the people themselves, its proper place
was outside the Constitution itself and in a special Resolution of the
same nature as every Congress resolution proposing an amendment to that
Constitution. That was the view of the Committee and, on Thursday,
September 13, the Committee reported such special Resolutions, in the
very words of the former Article XXII. “The proceedings on these
Resolutions are not given by Mr. Madison, nor in the Journal of the
Federal Convention. In the Journal of Congress, September 28, 1787,
Volume 4, p. 781, they are stated to have been presented to that body,
as having passed in the Convention on September 17 immediately after
the signing of the Constitution.” (5 _Ell. Deb._ 602.)
This is the Resolution:
Public-domain text, read in full here on John Shaqi.
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