I’ve gone through both volumes of “The Debate on the Constitution; Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle Over Ratification”, compiled by the eminent historian Bernard Bailyn.
There is no reference from this record to any understanding of the Amendment Power which is other than an equal division of it between the Congress and the states. The ratification generation understood the two modes to be equivalent.
It was a misunderstanding, and a failure to appreciate the practical significance of the 2/3 quorum required for the states to meet to consider an amendment.
It was a fatal flaw. The unchecked abuse of power by Congress is the consequence. The remedy is clear. A technical amendment only, agreed upon in advance by 2/3 of the states, is required.
Are we, as state legislators, capable of this? Or are we so fearful of each other that we can never assemble to consider any amendment? If we are too timid to protect our liberties, perhaps we don’t deserve them.
That is the question. We’ll soon find the answer.
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