Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We are now aware that the Convention was within two weeks of its end
and no one had mentioned, in what is now the Fifth Article, the state
governments or legislatures as possible makers of _federal_ Articles,
if and when _such_ Articles were to be made in the future.
It was not until September 10, Monday of the last Convention week, that
Article XIX again came up for action, when Gerry of Massachusetts
moved to reconsider it. His purpose, as he himself stated it, was to
object because it made it possible that, if the people in two-thirds
of the states called a convention, a majority of the American people
assembled in that convention “can bind the Union with innovations that
may subordinate the state constitutions altogether.” Hamilton stated
that he could see “no greater evil, in subjecting the people in America
to the major voice than the people of any particular state.” He went on
to say that he did think the Article should be changed so as to provide
a more desirable “mode for _introducing_ amendments,” namely, drafting
and proposing them to those who could make them. In this respect he
said: “The mode proposed was not adequate. The state legislatures
will not apply for alterations, but with a view to increase their own
powers. The national legislature will be the first to perceive, and
will be most sensible to, the necessity of amendments; and ought also
to be empowered, whenever two-thirds of each branch should concur, to
call a convention. There could be no danger in giving this power, as
the _people_ would finally _decide_ in the case.” (5 _Ell. Deb._ 531.)
Public-domain text, read in full here on John Shaqi.
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