Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When we read that story of Philadelphia, in relation to the Fifth
Article, one thing stands out with amazing clarity and importance.
We already know how that Convention, until its last days, was
concentrated upon the hotly debated question of its own proposed grants
of _national_ powers in the First Article. In the light of which
continued concentration, it is not surprising to learn that, until
almost the very last days, the delegates forgot entirely to mention,
in their tentative Fifth Article, the existing and limited ability
of state legislatures to make federal or declaratory Articles, and
mentioned only “conventions” of the people, who alone could or can make
_national_ Articles.
The first suggestion of what we now know as the Fifth Article was on
the second day, May 29, when the Randolph Resolution 13 read “that
provision ought to be made for the amendment of the Articles of union
whensoever it shall seem necessary.” This wording was the exact
language of Resolution 17 of the report of the Committee of the Whole.
It was adopted by the Convention on July 23. Three days later, with
the other Resolutions, it was referred to the Committee of Detail “to
prepare and report the Constitution.” On August 6, this Committee, in
the first draft of our Constitution, reported the following: “Art. XIX.
On the Application of the legislatures of two-thirds of the states in
the Union, for an amendment of this Constitution, the legislature of
the United States shall call a _convention_ for that purpose.”
We see clearly why the delegates, their minds concentrated on their
own proposed grants of _national_ powers, mentioned only the people
themselves, the “conventions” of the “Seventh” and “Fifth” Articles,
who alone can make _national_ Articles, and forgot to mention
legislatures, because the latter never can make national Articles.
_That_ kind of Article was the only thing they were _then_ thinking
about. Naturally, it then escaped their attention that, if they
proposed a wise and proper distribution of _national_ power between the
new American government and the respective existing state governments,
almost every future Article, if not every one, would be of the
_federal_ kind, which legislatures or governments could validly make,
as they had made all the Articles of the existing federation. Clearly
_for that reason_ this Article XIX never even mentioned the existing
and limited ability of legislatures.
Between this report of August 6 and August 30, the Convention was again
entirely occupied with the grants of _national_ power and the election
of the legislators to exercise it or, in other words, with what is now
the First Article. On August 30, Article XIX was adopted without any
debate.
Public-domain text, read in full here on John Shaqi.
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