Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Keeping in mind the object of that intense concentration, the
First Article grants of power _of that kind_, we average Americans
note, _with determined intent never to forget_, the effect of that
concentration upon the wording of our Fifth Article up to that tenth
day of September. We note, _with determined intent never to forget_,
that, from May 30 to September 10, the _only_ maker of future changes
mentioned was the “people” of America, the most important reservee of
the Tenth Amendment, the “conventions” of the American people named in
both the Seventh and the Fifth Articles.
As this fact _and its tremendous meaning_ have never been known or
mentioned in the sorry tale of the five years from 1917 to 1922, we
average Americans are determined to dwell upon it briefly so that we
cannot escape an accurate appreciation of the short remaining story of
the one week at Philadelphia, in 1787, in relation to our Fifth Article.
Only a week earlier, _because_ the First Article did grant enumerated
powers to interfere with individual rights, the Convention had known
that the seven articles must go to the people directly to say _their_
“Yes” or “No” to those grants of the First Article. For that reason the
Convention (considering limited legislative ability to make _federal_
Articles and omnipotent ability of the “people” to make all Articles)
had decided that it MUST propose the mode of ratification by the
“people,” the “conventions” of the Seventh and the Fifth Articles. As
Marshall later authoritatively stated in the Supreme Court, the _legal_
necessity of deriving national powers from the people themselves, the
“conventions,” was _then_ known and acknowledged by all.
It was natural, therefore, up to that September 10, that a convention,
concentrated entirely upon grants _of that kind_, when wording its
Article with a mode of procedure for making future changes, should have
forgotten any changes except _of the kind_ on which its own mind was
concentrated and should have mentioned in its amending Article, up to
September 10, no maker of future changes except the people themselves,
“conventions” of the Seventh and the Fifth Articles.
And, at this point, we average Americans note, _again with intent never
to forget_, that if the one competent maker of such Articles, the
“conventions,” had remained the only maker of Articles _mentioned_
in the Fifth Article, even the great “constitutional” lawyers of 1920
would never have made the monumental error of assuming that the Fifth
Article was a grant of power (to those who made it and all the original
Constitution) to make future Articles. Even _they_ would have noticed
and _applied_ to their reading of the Fifth Article the well known
legal fact that grantors never can and never do grant to themselves
what they already have or a part of it.
Public-domain text, read in full here on John Shaqi.
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