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Contents
Contributors
Preface
UNIT 1
GENERAL PRINCIPLES OF TOXICOLOGY
1. The Evolving Journey of Toxicology: A Historical Glimpse
Philip Wexler and Antoinette N. Hayes
2. Principles of Toxicology
Lauren M. Aleksunes and David L. Eaton
3. Mechanisms of Toxicity
Lois D. Lehman-McKeeman
4. Risk Assessment
Elaine M. Faustman
UNIT 2
DISPOSITION OF TOXICANTS
5. Absorption, Distribution, and Excretion of Toxicants
Angela L. Slitt
6. Biotransformation of Xenobiotics
Andrew Parkinson, Brian W. Ogilvie, David B. Buckley, Faraz Kazmi, and Oliver Parkinson
7. Toxicokinetics
Kannan Krishnan
UNIT 3
NON-ORGAN-DIRECTED TOXICITY
8. Chemical Carcinogenesis
James E. Klaunig and Zemin Wang
9. Genetic Toxicology
Joanna Klapacz and B. Bhaskar Gollapudi
10. Developmental Toxicology
John M. Rogers
UNIT 4
TARGET ORGAN TOXICITY
11. Toxic Responses of the Blood
Martyn T. Smith and Cliona M. McHale
12. Toxic Responses of the Immune System
Barbara L.F. Kaplan, Courtney E.W. Sulentic, Helen G. Haggerty, Michael P. Holsapple,
and Norbert E. Kaminski
13. Toxic Responses of the Liver
Robert A. Roth, Hartmut Jaeschke, and James P. Luyendyk
14. Toxic Responses of the Kidney
Rick G. Schnellmann
15. Toxic Responses of the Respiratory System
George D. Leikauf
16. Toxic Responses of the Nervous System
Virginia C. Moser, Michael Aschner, Jason R. Richardson, Aaron B. Bowman, and Rudy J.
Richardson
17. Toxic Responses of the Cornea, Retina, and Central Visual System
Donald A. Fox and William K. Boyes
18. Toxic Responses of the Heart and Vascular System
Matthew J. Campen
19. Toxic Responses of the Skin
Donald V. Belsito
20. Toxic Responses of the Endocrine System
Patricia B. Hoyer and Jodi A. Flaws
21. Toxic Responses of the Reproductive System
Paul M.D. Foster and L. Earl Gray Jr.
UNIT 5
TOXIC AGENTS
22. Toxic Effects of Pesticides
Lucio G. Costa
23. Toxic Effects of Metals
Alexander C. Ufelle and Aaron Barchowsky
24. Toxic Effects of Solvents and Vapors
James V. Bruckner, S. Satheesh Anand, and D. Alan Warren
25. Toxic Effects of Radiation and Radioactive Materials
David G. Hoel
26. Toxic Effects of Plants and Animals
John B. Watkins, III
27. Food Toxicology: Fundamental and Regulatory Aspects
Supratim Choudhuri
28. Toxic Effects of Calories
Martin J.J. Ronis, Kartik Shankar, and Thomas M. Badger
29. Nanoparticle Toxicology
David B. Warheit, Günter Oberdörster, Agnes B. Kane, Scott C. Brown, Rebecca D. Klaper,
and Robert H. Hurt
UNIT 6
ENVIRONMENTAL TOXICOLOGY
30. Ecotoxicology
Richard T. Di Giulio and Michael C. Newman
31. Air Pollution
Daniel L. Costa and Terry Gordon
UNIT 7
APPLICATIONS OF TOXICOLOGY
32. Analytical and Forensic Toxicology
Bruce A. Goldberger, Dayong Lee, and Diana G. Wilkins
33. Clinical Toxicology
Louis R. Cantilena Jr.
34. Occupational Toxicology
Peter S. Thorne
Answers to Chapter Questions
Index
Contributors
This fourth edition of Essentials of Toxicology condenses the principles and concepts of
toxicology that were described in the ninth edition of Casarett & Doull’s Toxicology: The Basic
Science of Poisons. Essentials of Toxicology succinctly defines the expansive science of
toxicology, and includes important concepts from anatomy, physiology, and biochemistry to
facilitate the understanding of the principles and mechanisms of toxicant action.
We greatly appreciate the authors who contributed to the ninth edition of Casarett & Doull’s
Toxicology: The Basic Science of Poisons because their chapters in the parent text provided the
foundation for this edition of Essentials of Toxicology.
The book is organized into seven units: (1) General Principles of Toxicology, (2) Disposition
of Toxicants, (3) Non-organ-directed Toxicity, (4) Target Organ Toxicity, (5) Toxic Agents, (6)
Environmental Toxicology, and (7) Applications of Toxicology. Key points and review
questions are provided for each chapter.
We trust that this book will assist students in undergraduate and graduate courses in
toxicology, as well as students from other disciplines, to develop a strong foundation in the
concepts and principles of toxicology. We invite readers to send us suggestions of ways to
improve this text and we appreciate the thoughtful recommendations that we received on the last
edition.
We particularly give a heartfelt and sincere thanks to our families for their love, patience, and
support during the preparation of this book. The capable guidance and assistance of the
McGraw-Hill staff are gratefully acknowledged. Finally, we thank our students for their
enthusiasm for learning and what they have taught us during their time with us.
Curtis D. Klaassen
John B. Watkins III
UNIT 1 GENERAL PRINCIPLES OF TOXICOLOGY
CHAPTER 1
The Evolving Journey of Toxicology: A
Historical Glimpse
Philip Wexler and Antoinette N. Hayes
INTRODUCTION
ABOUT HISTORY
TOXICOLOGY IN ANTIQUITY
Ancient China
Ancient India
Ancient Egypt
Pontus, Mithridates, and Theriacas
Ancient Greece
Ancient Rome
THE MIDDLE AGES AND RENAISSANCE
18TH AND 19TH CENTURIES
THE MODERN ERA
Radiation
Food and Drugs
Pesticides Research and Chemical Warfare: A Surprising Alliance
High Profile Poisonings
Mass Environmental Exposures, the U.S. EPA, and Environmental Legislation
INTERNATIONAL ENVIRONMENTAL CONVENTIONS AND OTHER GLOBAL
EFFORTS
KEY POINTS
INTRODUCTION
The word toxicology is derived from the Latinized form of the Greek word toxicon, meaning
“arrow poison.” Poison, as a noun, dates back to the Old French poison or puison, meaning,
originally a drink, especially a medical drink, but later signifying more of a magical potion or
poisonous drink. The commonly misused term toxin formally should be used to refer to toxic
substances produced biologically. Other terms, toxicant, toxic agent, and toxic substance, could
be used to delineate the broader category of substances that are toxic, regardless of origin.
Xenobiotics is a term referring to substances, whether toxic or not, foreign to a given organism.
ABOUT HISTORY
History is about the past; it is not the past. The past is passive, objective, all encompassing.
History is active, subjective, and selective. The further back in time that we look, the more
problematic it is for us to reach, in the present, conclusions about what happened in the past.
Science begins with observation. In the distant past, our observational skills did not extend
beyond our senses in assessing toxicity and safety. Our hominin ancestors used the process of
trial and error making careful note of which substances, particularly potential food sources, were
safe and which were hazardous. Although it might very well be after the damage was done, they
and their tribe and descendants would quickly learn to differentiate between the safe and toxic.
Toxic substances were to be avoided, unless used against enemies.
TOXICOLOGY IN ANTIQUITY
Ancient China
Shen Nong, the legendary founder of Chinese Herbal Medicine, also known as the farmer god,
and said to live circa 2800 B.C., was said to have tasted hundreds of herbs daily to differentiate
the poisonous from the medicinal or just plain edible. He is considered the compiler of perhaps
the world’s first pharmacological compendium, Divine Farmer’s Classic of Materia Medica.
Du is the standard word for poison or toxicity in Chinese. It was understood by the
ancient Chinese that herbals were potentially toxic and dose played a role. Aconite, derived from
the plant wolfsbane and possessing extreme potential toxicity, was widely used medicinally in
small doses in China over 2000 years ago—usually applied externally to treat various wounds or
ingested as a tonic to restore qi (the vital energy defined by Chinese medicine) and extend life.
Unadulterated aconite in larger doses was often used to murder. Today we know that the
alkaloids in aconite have a narrow therapeutic index and their use is not generally recommended.
Ancient India
Ancient India was no stranger to the knowledge and uses of poisons. Indian surgeon Sushruta
prepared Suśrutasam.hitā, a foundational medical/surgical compendium for Ayurveda
(traditional Indian medicine). Volume 5 contains several chapters related to poisons and
poisoning, including descriptions of vegetable and mineral poisons and animal poisons, as well
as advice on medical treatment of snake bites and insect bites. Agada Tantra, one of the eight
clinical specialties of Ayurvedic medicine, is specifically associated with toxicology.
India has a long tradition of tales about the so-called “venomous virgin” who would, as a
young girl, be fed “tolerably minute, but gradually increasing, amounts of poison or snake
venom, so that by the time she was an attractive young woman, the level of toxin in her body
would be so high that she could be sent to an enemy king as a gift. Upon kissing her, making
love to her, or even just sharing glass of wine with her, he would instantly fall dead.”
Ancient Egypt
Venomous snakes and insects were well known and the focus of toxicology as it existed in
ancient Egypt. One of the major documents examining snakebite is the Brooklyn Papyrus (held
by the Brooklyn Museum), 525–600 b.c. For example, Paragraph 15 of the Papyrus describes the
snake known by the Egyptians as Apophis which, mythologically, personified evil. Scholars
believe this may be the Boomslang (Dyspholidus typhus) in the Colubridae family. Symptoms
and signs of snake envenomation are presented in the Papyrus. The treatments offered could be
general, for any snakebite, or specific. Bites by snakes known to be lethal generally received no
treatment. Therapeutic measures, overall, were largely symptomatic. Toxicity is addressed to a
lesser extent in the Berlin, Edwin Smith, and Ebers papyri.
The death of Cleopatra VII, born in 69 b.c. and one of the most fascinating personalities in
Egypt when Greece and Rome held sway, holds toxicological interest for us. After learning that
Marc Anthony killed himself by a self-inflicted sword wound, Cleopatra decided to follow suit
by supposedly holding an asp (Egyptian cobra) to her breast and succumbing to its venomous
bite. However, she may have been murdered perhaps with a poisonous draught by Octavian, the
victor in their battle, who then spread the rumor of her suicide to avoid retribution by her adoring
subjects.
Ancient Greece
Nicander of Colophon (fl. 130 b.c.), a Greek poet and physician, is the author of two of the oldest
extant works on poisons—Theriaka and Alexipharmaka. The Theriaka concerns venomous
animals, including snakes, spiders, scorpions, insects, lizards, and fish. His Alexipharmaka deals
with 21 poisons from the vegetable, mineral, and animal kingdoms. Among them are aconite,
white lead, and hemlock. In both works, Nicander describes the poison, its symptoms, and
antidotes.
The Greek philosopher, Socrates (469–399 B.C.), became an iconic figure in the history of
toxicology through his death. Convicted of corrupting the youth of Athens and disrespecting the
gods, he was sentenced to death. His execution was supposedly carried out in suicidal fashion,
with Socrates condemned to drink an extract of hemlock (Conium maculatum). This story has
been questioned largely because the account provided in Plato’s Phaedo describes a clinical
disorder not caused by hemlock poisoning, but rather a possible mixture of hemlock and opium.
Alexander the Great (born in 356 b.c.) plays a role in the history of toxicology in that the cause
of his death is an unsolved mystery. He is said to have drunk vast quantities of wine at a banquet
in Babylon, after which he suffered severe abdominal pain. Over days, things went from bad to
worse and he developed partial paralysis finally dying two weeks later. Rumors of poisoning
began circulating in no time. Though speculation is widespread, the true cause of Alexander’s
death has never been confirmed.
The Oracle at Delphi, perhaps the most important and sacred shrine in ancient Greece, is
associated with the Greek god Apollo. Pilgrims to Delphi would address their questions to the
Pythia, a role filled by various women at different times. Plutarch, the celebrated Greek
biographer and essayist, served as one of the priests at the temple of Apollo at Delphi. He noted
that pneuma (a kind of gas or vapor) was emitted in the adyton, a small inner sanctum type area.
The Pythia would inhale the pneuma and go into a trance, after which a priest would ask her the
questions raised by the petitioners. It may be that the trancelike state of the Pythia was induced
by inhaling ethylene gas or a mixture of ethylene and ethane from a naturally occurring vent of
geological origin.
Toxicology is also heir to a rich mythological tradition. After Hercules killed the nine-headed
sea monster known as the Hydra, as part of his second labor, he cut it open and dipped his arrows
in its venom, providing him with what may have been the first biological weapon for use in
battle. Achilles, one of the prominent heroes in Homer’s Iliad was a victim of just such a poison.
Immersed as an infant in the river Styx by his mother to make him immortal, she failed to realize
that in holding him by the heel, that very part of the body would make him susceptible to future
danger. In the final battle of the Trojan War, he was killed by a poisoned arrow shot into this
heel.
Ancient Rome
The Romans of antiquity were also knowledgeable in the principles and practice of toxicology.
Dioscorides (born in 40 a.d.), a native of Anazardus, Cilicia, Asia Minor, was a physician who
traveled throughout the Roman Empire and collected samples of local medicinal herbs. The
information he gleaned was compiled in the encyclopedic De materia medica in the first century
a.d. In it he classified poisons as animal, plant, or mineral. More specifically, De Venenis and De
venenosis animalibus, ascribed to Dioscorides but probably not written by him, covered poisons
in general and animal venoms, respectively.
Galen, born (129 a.d.) in Pergamon, was a firm subscriber to the theory of the humors (blood,
yellow bile, black bile, and phlegm), the origins of which may go back to ancient Egypt but
which were first articulated about medicine by Hippocrates. Galen formulated his own Galeni
Theriaca and claimed it improved upon the one concocted by Mithridates. He wrote about
assorted theriac compounds in his books De Antidotis I and II and De Theriaca ad Pisonem.
The legal framework of toxicology is sometimes dated back to the age of the Roman military
and political leader Sulla. Under the lex Cornelia de sicariis et veneficis (81 b.c.), punishment was
imposed for anyone who prepared, sold, bought, kept, or administered a noxious poison
(venenum malum).
In 1983, Jerome Nriagu popularized the idea that the metal lead was responsible for the fall of
the Roman Empire. It has been stated that lead contamination in water supplies, cooking, and the
production of wine, ultimately decreased fertility and reproductive capacity. Recent
archaeological investigations have found that the mean skeletal lead content of populations at the
time was less than half that of present-day Europeans in the same regions. The assertion that lead
was the primary culprit in Rome’s decline and fall has been largely refuted.
INTERNATIONAL ENVIRONMENTAL
CONVENTIONS AND OTHER GLOBAL
EFFORTS
Given that toxic agents do not respect national borders, some Multilateral Environmental
Agreements (MEAs) are designed to manage potentially hazardous chemicals. Three MEAs are
the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal (adopted 1989; entered into force in 1992), the Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International
Trade (adopted 1998; entered into force in 2004), and the Stockholm Convention on Persistent
Organic Pollutants (adopted 2001; entered into force in 2004).
Though most research focuses on single chemicals, we are exposed to many chemicals at a
time and over time. Learning how they interact with each other in causing their effects upon
organisms is a critical question. Related to this is the issue of the effects of chemicals or
combinations thereof in common household products including furniture, cars, electronics, and
baby products.
The upward trajectory of toxicology continues unabated. Its scientific foundation is becoming
more assured, precise, and relevant. Challenges will remain and include intermittent funding and
political constraints. Toxicology will continue to build upon its history and build a trail of new
history. A better understanding of toxicant exposures, individual and combined, and their effects
upon living organisms will lead to an era when the global environment will be significantly safer
and the world’s populace healthier.
BIBLIOGRAPHY
Hays HW. Society of Toxicology History, 1961–1986. Washington, DC: Society of Toxicology;
1986.
Nunn JF. Ancient Egyptian Medicine. Norman, OK: University of Oklahoma Press; 1996:144.
Wexler P, ed. History of Toxicology and Environmental Health; Toxicology in Antiquity I and
II, Academic Press; 2014.
Wexler P, ed. History of Toxicology and Environmental Health; 2nd Edition. Academic Press;
2018.
Wexler P, ed. Toxicology in the Middle Ages and Renaissance. Academic Press; 2017.
Wujastyk D. The Roots of Ayurveda: Selections from Sanskrit Medical Writings. London:
Penguin; 2003:144.
Yang S, ed. The Divine Farmer’s Materia Medica: A Translation of the Shen Nong Ben Cao.
Boulder, CO: Blue Poppy Press; 1998.
QUESTIONS
Choose the one best answer.
4. The art of toxicology requires years of experience to acquire, even though the knowledge
base of facts may be learned more quickly. Which modern toxicologist is credited with
saying that “you can be a toxicologist in two easy lesions, each of 10 years?”
a. Claude Bernard.
b. Rachel Carson.
c. Upton Sinclair.
d. Arnold Lehman.
e. Oswald Schmiedeberg.
INTRODUCTION
SUBDISCIPLINES OF TOXICOLOGY
SPECTRUM OF UNDESIRED EFFECTS
Allergic Reactions
Idiosyncratic Reactions
Immediate versus Delayed Toxicity
Reversible versus Irreversible Toxic Effects
Local versus Systemic Toxicity
Interactions of Chemicals
Tolerance
CHARACTERISTICS OF EXPOSURE
Route and Site of Exposure
Duration and Frequency of Exposure
DOSE–RESPONSE RELATIONSHIPS
Individual, or Graded, Dose–Response Relationships
Quantal Dose–Response Relationships
Dose Extrapolation Across Species
Shapes of Dose–Response Curves
Threshold and Linear, Nonthreshold Models
Nonmonotonic Dose–Response Curves
Essential Nutrients
Hormesis
Endocrine Active Chemicals
Assumptions in Deriving the Dose–Response Relationship
Evaluating the Dose–Response Relationship
Therapeutic Index
Margins of Safety and Exposure
Potency versus Efficacy
ASSESSING TOXICOLOGICAL RESPONSES
Causation in Toxicology
Mechanisms and Modes of Action
Adverse Outcome Pathways
VARIATION IN TOXIC RESPONSES
Selective Toxicity
Species Differences
Modifying Factors
Genetics
Age
Sex
Circadian Rhythm
Microbiome
TOXICITY TESTING
Acute Toxicity Testing
Subacute (Repeated-Dose) Toxicity Testing
Subchronic Toxicity Testing
Chronic Toxicity Testing
Developmental and Reproductive Toxicity
Mutagenicity
Carcinogenicity
Neurotoxicity Assessment
Immunotoxicity Assessment
Sensitization
Eye and Skin Irritation and Corrosion
Other Toxicity Tests
SYSTEMS TOXICOLOGY
Transcriptome
Epigenome
Proteome
Metabonomics/Metabolomics
Exposome
High-Content Screening
Computational Toxicology
Innovative Testing Models
KEY POINTS
INTRODUCTION
Toxicology is the study of the adverse effects of chemical, biological, or physical agents on
living organisms and the environment. These toxic substances include naturally occurring
harmful chemicals, or toxins, as well as foreign substances called xenobiotics. Toxins are poisons
that originate from plants and microbial organisms and include venoms released by animals in
order to injure predators. By comparison, xenobiotics include a variety of synthetic chemicals
with different intended purposes. Generally, such toxic chemicals are referred to as toxicants,
rather than toxins, because they are not produced by biological systems.
Toxic chemicals may also be classified in terms of physical state (gas, dust, liquid, size);
chemical stability or reactivity (explosive, flammable, corrosive); general chemical structure
(aromatic amine, halogenated hydrocarbon, etc.); or ability to cause significant toxicity
(extremely toxic, very toxic, slightly toxic, etc.). Classification of toxic chemicals based on their
biochemical mechanisms of action (e.g., alkylating agent, cholinesterase inhibitor, and endocrine
disruptor) is usually more informative than classification by general terms such as irritants and
oxidizers. However, more descriptive categories such as air pollutants, occupation-related
exposures, and acute and chronic poisons may be useful to associate toxic chemicals that result
in similar adverse events or are encountered under particular conditions.
Virtually every known chemical has the potential to produce injury or death if it is present in a
sufficient quantity. Table 2–1 shows the dose of chemicals needed to produce death in 50% of
treated animals (lethal dose 50 [LD50]). It should be noted that measures of acute lethality such
as LD50 do not accurately reflect the full spectrum of toxic responses, or hazards, associated with
exposure to a chemical. For example, some chemicals may have carcinogenic, teratogenic, or
neurobehavioral effects at doses that produce no evidence of acute or immediate injury. In
addition, there is a growing recognition that various factors such as age, genetics, diet,
underlying diseases, and concomitant exposures can account for an individual’s susceptibility to
a range of responses. For a particular chemical, multiple different effects can occur in a given
organism, each with its own dose–response relationship.
SUBDISCIPLINES OF TOXICOLOGY
The professional activities of toxicologists fall into three main categories: mechanistic, hazard
assessment, and regulatory. Although all three categories have distinctive characteristics, each
contributes to the others, and all are vitally important to chemical risk assessment (see Chapter
4).
A mechanistic toxicologist identifies the cellular, biochemical, and molecular mechanisms by
which chemicals exert toxic effects on living organisms (see Chapter 3). The results of
mechanistic studies have implications in many areas of toxicology. In risk assessment,
mechanistic data may be useful in determining whether an adverse outcome (e.g., cancer and
birth defects) observed in laboratory animals may occur in humans or that may not be relevant to
humans. Mechanistic data are also useful in the design and production of safer alternative
chemicals and in therapies for chemical poisoning and treatment of disease.
A hazard assessment toxicologist conducts toxicity testing that provides comprehensive
information for the evaluation of a chemical’s safety and to meet important regulatory
requirements. A hazard is a chemical or action that causes harm, whereas the risk is the
likelihood for a hazard to result in harm. Risk is determined by the extent of the exposure to the
hazard. Toxicologists must be concerned with the risk posed by chemicals (drugs, food additives,
insecticides, herbicides, solvents, etc.) to humans, fish, birds, and plants, as well as other factors
that might disturb the balance of the ecosystem.
A regulatory toxicologist has the responsibility for deciding, on the basis of data provided by
descriptive and mechanistic toxicologists, whether a drug or other chemical poses a sufficiently
low risk (or, in the case of drugs, a favorable risk/benefit profile) to be marketed for a stated
purpose. Computational toxicologists are needed to develop and implement computer-based
models to predict adverse health effects resulting from the interaction of chemicals with
biological organisms. Occupational toxicologists are responsible for conducting research and
making recommendations for the prevention of work-related injury and illness. Regulatory
toxicologists are also involved in the establishment of standards for the amount of chemicals
permitted in ambient air, industrial atmospheres, and drinking water, often integrating scientific
information from basic descriptive and mechanistic toxicology studies with the principles and
approaches used for risk assessment.
Other specialized areas of toxicology are forensic, clinical, and environmental toxicology.
Forensic toxicology is the application of analytical chemistry to toxicology. This field covers the
medicolegal aspects of the deleterious effects of chemicals on animals and humans. The
expertise of forensic toxicologists is used to aid in establishing the cause of death and
determining its circumstances in a postmortem investigation (see Chapter 32). Clinical
toxicology is the realm of medical science concerned with disease caused by or uniquely
associated with toxic substances (see Chapter 33). Generally, clinical toxicologists are physicians
who receive specialized training in emergency medicine and poison management. Efforts are
directed at treating patients poisoned with drugs or other chemicals and at the development of
new techniques to treat intoxications. Environmental toxicology focuses on the impact of
chemical pollutants in the environment on biological organisms. Ecotoxicology is a specialized
area within environmental toxicology that focuses on the impacts of toxic substances on
population dynamics in an ecosystem. The transport, fate, and interactions of chemicals in the
environment constitute a critical component of both environmental toxicology and
ecotoxicology.
Information from the toxicological sciences, gained by experience or research, has a growing
influence on our personal lives as well as on human and environmental health across the globe.
Complementary fields such as exposure science advance toxicology by studying the magnitude
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interfere with individual freedom. But in it they did vest whatever
ability of that kind, under the American doctrine of human liberty,
they thought a government of free men or citizens ought to have.
They did not, however, grant unlimited ability to make laws
interfering with individual freedom. When constituting their
government they named many matters in which no laws could be
made, such as laws abridging the right of free speech, laws
suspending the privilege of habeas corpus, etc. Outside these
named matters, they granted law-making ability of that kind to
whatever extent American principles of human liberty determined a
government ought to have. The extent of that ability, so to be
determined, they left to the legislature to ascertain in the first
instance. But to the judicial department they gave the right finally to
ascertain and decide whether, in any particular law, the legislative
department had exceeded its granted ability.
In living again the education days of the Americans, who later
created and constituted the republican nation which is America, we
have come now to the close of the eventful year 1776. We find
ourselves, at that time, viewing this status of the American human
being and his relation to all governments.
With his fellow Americans, he has declared that they are not the
subjects of any government or governments in the world. With his
fellow Americans, on many battlefields, he is fighting their former
Government, which still claims that they are its subjects. If he is a
Virginian, he and his fellow Virginians, with the consent of their fellow
Americans, have constituted themselves a free and independent
nation of human beings and have given to their law-making attorney
in fact, the legislature of Virginia, some ability to make laws in
restraint of the individual freedom of Virginians, in such matter and to
such extent, as the citizens of Virginia have deemed wise. In each of
the other twelve nations the situation is the same. In no nation, in
America, has any government servant and attorney in fact of the
people any ability whatever to interfere with human freedom in any
matter or to any extent, except such ability of that kind as has been
given to that government by direct grant from its citizens. Nowhere,
in America, has any government any power whatever, in any matter
or to any extent, to make a valid command restraining the human
freedom of the individual American as an American. All Americans
are fighting throughout America with the armies of the only
government in the world which claims such ability. All Americans
everywhere are determined to win that war and keep it the basic law
of America that no government ever shall have ability of that kind
unless the whole American people, by direct grant from themselves,
shall give it to a general American government. There is yet no
republic of America. There are yet no citizens of America. There are
only citizens of thirteen respective nations, which nations are allied in
an existing war. The affairs of the allied nations are being directed by
a committee of delegates from the different nations, called the
Congress. The first Committee or Congress of that kind, known in
history as the First Continental Congress, had met at Philadelphia
from September 5 to October 26, 1774, and “recommended peaceful
concerted action against British taxation and coercion.” The second
Committee, known as the Second Continental Congress, had
assembled, also at Philadelphia, on May 10, 1775, and had
assumed direction of the war.
CHAPTER II
THE STATE GOVERNMENTS FORM A UNION OF
STATES
Living over the great days of our forefathers, we now approach the
greatest of all. It comes four years after the end of the Revolution.
Not satisfied with a mere union of their states, the whole American
people, in 1787, proposed to form the great nation of men, America.
On June 21, 1788, it is created by them. On March 4, 1789, its only
government, now also the government of the continued union of
states, begins to function.
Between May 29, 1787, and March 4, 1789, the whole American
people did their greatest work for individual liberty. That was their
greatest day. Most Americans of this generation know nothing about
that period. Still more is it to be regretted that our leaders in public
life, even our most renowned lawyers, do not understand what was
achieved therein for human freedom. It is of vital importance to the
average American that he always know and understand and realize
that achievement. That he do so, it is not in the slightest degree
essential that he be learned in the law. It is only necessary that he
know and understand a few simple facts. The experience of five
years since 1917 teaches one lesson. It is that Americans, who have
not the conviction that they are great constitutional thinkers, far more
quickly than those who have that conviction, can grasp the full
meaning of the greatest event in American history.
The reason is plain. Back in the ages, there was a time when
scientific men “knew” that the earth was flat. Because they “knew” it,
the rest of men assumed that it was so. And, because they “knew” it,
it was most difficult to convince them that their “knowledge” was
false “knowledge.”
In a similar way, our statesmen and constitutional thinkers came to
the year 1917 with the “knowledge” that legislatures in America, if
enough of them combined, had exactly the omnipotence over the
individual freedom of the American which had been denied to the
British Parliament by the early Americans. Naturally, it is difficult for
them to understand that their “knowledge” is false “knowledge.” For
us who have no false knowledge to overcome, it is comparatively
simple to grasp what those other plain Americans of 1787 and 1788
meant to accomplish and did accomplish. Why should it not be
simple for us? With those other plain Americans, we have just been
through their strenuous years which immediately preceded their
greatest days of 1787 and 1788. They were a simple people as are
we average Americans of this generation. From living with them
through those earlier days, we have come to know their dominant
purpose. They sought to secure to themselves and to their posterity
the greatest measure of protected enjoyment of human life, liberty
and happiness against interference from outside America and
against usurpation of power by any governments in America.
Certainly, it ought not to be difficult for us to grasp accurately and
quickly what they meant to do and what they did do in their last and
greatest achievement in the quest of that protected enjoyment of
human freedom. But, with all our happy predisposition accurately to
understand the meaning of the facts in 1787 and 1788, that
understanding cannot come until we know the facts themselves. Let
us, therefore, live through those years with those other plain
Americans of whom we are the posterity. Only then can we
understand their legacy of secured liberty to us and keep it against
usurpation by those who do not understand.
So long as the former subjects continued their Revolution, it was
only natural that Americans should not realize how inadequately a
mere federation of states would serve really to secure the protected
enjoyment of individual human freedom. But, as soon as that war
had ended, discerning men began quickly to realize that fact.
Jealousies between nations, jealousies in abeyance while those
nations were fighting a common war for independence, quickly had
their marked effect upon the relations of these nations to one
another and upon the respect which they showed to the commands
of the government of the federation of which all those nations were
members. As a matter of fact, those commands, because the
governing powers of that government were wholly federal, were
tantamount to nothing but requisitions. Those requisitions were
honored largely by ignoring them. There was no way of enforcing
respect for them or compelling observance of them. The plan of a
purely federal union of nations permitted no method of enforcement
save that of war upon whatever nation or nations might refuse
obedience to a requisition. Such a war would have been repugnant
to the mind of every patriotic American.
This was only one of the many defects coming from the fact that
Americans, in spirit one people or nation, had no political existence
as one nation and had no general national government, with general
powers over all Americans, to command respect at home and
abroad for the individual freedom of the American.
There is neither time nor necessity for dwelling further upon the
fact, quickly brought home to the American people after the close of
their Revolution, that a purely federal government of the states was
no adequate security for their own freedom. Let the words of one of
themselves, apologizing for the inadequacy of that government,
attest their quick recognition that it was inadequate. They are the
words of Jay in The Federalist of 1787. This is what he said: “A
strong sense of the value and blessings of union induced the people,
at a very early period, to institute a federal government to preserve
and perpetuate it. They formed it almost as soon as they had a
political existence; nay, at a time when their habitations were in
flames, when many of their citizens were bleeding, and when the
progress of hostility and desolation left little room for those calm and
mature inquiries and reflections which must ever precede the
formation of a wise and well-balanced government for a free people.
It is not to be wondered at, that a government instituted in times so
inauspicious, should on experiment be found greatly deficient and
inadequate to the purpose it was intended to answer.” (Fed., No. 2.)
CHAPTER IV
THE BIRTH OF THE NATION
Living through those old days, immediately after the peace with
England of 1783, we find that public and official recognition of a fatal
defect in the federal form of union came from the inability of its
federal government, which had no power over commerce, to
establish a uniform regulation of trade among the thirteen American
nations themselves and between them and foreign nations.
Discerning men, such as Madison and Washington and others,
already recognized other incurable defects in any form of union
which was solely a union of nations and not a union of the American
people themselves, in one nation, with a government which should
have national, as well as federal, powers. Taking advantage of the
general recognition that some central power over commerce was
needed, the legislature of the nation of Virginia appointed James
Madison, Edmund Randolph and others, as commissioners to meet
similar commissioners to be appointed by the twelve other nations.
The instructions to these commissioners were to examine into the
trade situation and report to their respective nations as to how far a
uniform system of commerce regulations was necessary. The
meeting of these commissioners was at Annapolis in September,
1786. Only commissioners from the nations of Virginia, Delaware,
Pennsylvania, New Jersey and New York attended. The other eight
nations were not represented.
Madison and Hamilton were both present at Annapolis and figured
largely in what was done there. It is an interesting and important fact
that these two played a large part from its very inception in the
peaceful Revolution which brought to an end the independent
existence of thirteen nations—a Revolution which subordinated
these nations, their respective national governments, and their
federation to a new nation of the whole American People, and to the
Constitution and the government of that new nation.
At every stage of that Revolution, these two men were among its
foremost leaders. Recorded history has made it plain that Madison,
more than any other man in America, participated in planning what
was accomplished in that Revolution. He drafted the substance of
most of the Articles in what later became the Constitution of the new
nation. By the famous essays (nearly all of which were written by
himself or Hamilton) in The Federalist, explaining and showing the
necessity of each of those Articles, he contributed most effectively to
their making by the people of America, assembled in their
conventions. He actually drew, probably in conference with Hamilton,
what we know as the Fifth Article, which will later herein be largely
the subject of our exclusive interest.
The Annapolis commissioners made a written report of their
recommendations. This report was sent to the respective legislatures
of the five nations, which had commissioners at Annapolis. Copies
were also sent to the Federal Congress and to the Executives of the
other eight nations in the federation. The report explained that the
commissioners had become convinced that there were many
important defects in the federal system, in addition to its lack of any
power over commerce. The report recommended that the thirteen
nations appoint “commissioners, to meet at Philadelphia on the
second Monday in May next, to take into consideration the situation
of the United States; to devise such further provisions as shall seem
to them necessary to render the constitution of the federal
government adequate to the exigencies of the Union; and to report
such an act for that purpose, to the United States in Congress
assembled as, when agreed to by them, and afterwards confirmed
by the legislature of every state, will effectually provide for the
same.”
The Annapolis recommendation was acted upon by the
legislatures of twelve nations. Each nation, except Rhode Island,
appointed delegates to attend the Philadelphia Convention to begin
in May, 1787. Madison himself, in his introduction to his report of the
debates of the Philadelphia Convention, gives his own explanation of
why Rhode Island did not send delegates. “Rhode Island was the
only exception to a compliance with the recommendation from
Annapolis, well known to have been swayed by an obdurate
adherence to an advantage, which her position gave her, of taxing
her neighbors through their consumption of imported supplies—an
advantage which it was foreseen would be taken from her by a
revisal of the Articles of Confederation.” This is mentioned herein
merely to bring home to the minds of Americans of the present
generation the reality of the fact, now so difficult to realize, that there
were then actually in America thirteen independent nations, each
having its powerful jealousies of the other nations and particularly of
its own immediate neighbors. The actual reality of this fact is
something which the reader should not forget. It is important to a
correct understanding of much that is said later herein. It is often
mentioned in the arguments that accompanied the making of our
Constitution, that the nation of New Jersey was suffering from
exactly the same trouble as the nation of Rhode Island was causing
to its neighbors. Almost all imported supplies consumed by the
citizens of New Jersey came through the ports of New York and
Philadelphia and were taxed by the nations of New York and
Pennsylvania.
Interesting though it would be, it is impossible herein to give in
detail the remarkable story of the four months’ Convention at
Philadelphia in 1787. It began on May 14 and its last day was
September 17. It is recommended to every American, who desires
any real knowledge of what his nation really is, that he read, in
preference to any other story of that Convention, the actual report of
its debates by Madison, which he himself states were “written out
from my notes, aided by the freshness of my recollections.” It is
possible only to refer briefly but accurately to those actual facts, in
the history of those four months, which are pertinent to the object of
this book.
At the very outset, it is well for us Americans to know and to
remember the extraordinary nature of the recommendation which
had come from Annapolis and of the very assembling of that
Philadelphia Convention. The suggestion and the Convention were
entirely outside any written law in America. Every one of the thirteen
colonies was then an independent nation. These nations were united
in a federation. Each nation had its own constitution. The federation
had its federal constitution. In none of those constitutions was there
any provision whatever under which any such convention as that of
Philadelphia could be suggested or held. The federal Constitution
provided the specific mode in which ability to amend any of its
federal Articles could be exercised. Such provision neither
suggested nor contemplated any such convention as that to be held
at Philadelphia. For these reasons, Madison and Wilson of
Pennsylvania and other leading delegates at that Convention stoutly
insisted that the Philadelphia Convention had not exercised any
power whatever in making a proposal.
“The fact is, they have exercised no power at all; and, in point of
validity, this Constitution, proposed by them for the government of
the United States, claims no more than a production of the same
nature would claim, flowing from a private pen.” (Wilson,
Pennsylvania State Convention in 1787, 2 Ell. Deb. 470.)
“It is therefore essential that such changes [in government] be
instituted by some informal and unauthorized propositions, made by
some patriotic and respectable citizen or number of citizens.”
(Madison, Fed. No. 40.)
But there was a development even more remarkable on the
second day of this unauthorized Convention.
The Convention was presided over by Washington. Among the
other delegates were Hamilton of New York, Madison and Randolph
and Mason of Virginia, Franklin and Wilson and Robert Morris and
Gouverneur Morris of Pennsylvania, and the two Pinckneys of South
Carolina. Madison himself, speaking of the delegates in his
Introduction to his report of the Debates, says that they were
selected in each state “from the most experienced and highest
standing citizens.” The reader will not forget that each of these men
came under a commission from the independent government of a
sovereign and independent nation, twelve such independent
governments and nations being represented in that Convention. In
the face of this important fact, it is amazing to realize the startling
proposition offered for consideration, on May 30, 1787. On that day,
the Convention having gone into a Committee of the Whole,
Randolph, commissioned delegate from the independent
government and nation of Virginia, moved, on the suggestion of
Gouverneur Morris, commissioned delegate from another
independent government and nation, that the assembled delegates
consider the three following resolutions:
“1. That a union of the states merely federal will not accomplish
the objects proposed by the Articles of Confederation—namely,
common defense, security of liberty, and general welfare.
“2. That no treaty or treaties among the whole or part of the states,
as individual sovereignties, would be sufficient.
“3. That a national government ought to be established, consisting
of a supreme legislative, executive, and judiciary.” (5 Ell. Deb. 132.)
If we wish to realize the sensational nature of those resolutions, let
us assume for a moment a similar convention of delegates
assembled in the City of New York. Let us assume that the delegates
have been commissioned respectively by the governments of
America, Great Britain, Ireland, Canada, Australia, New Zealand,
France, Belgium and other nations. Let us assume that the
ostensible and proclaimed purpose of the convention, stated in the
commissions of the delegates, is that it frame a set of federal Articles
for a league or federation of the independent nations represented
and report the drafted Articles to the respective governments for
ratification or rejection. Let us then assume that, on the second day
of the convention, Lloyd George, on the suggestion of Charles E.
Hughes, calmly proposes that the convention, as a Committee of the
Whole, consider three resolutions, exactly similar to those proposed
by Randolph on May 30, 1787. Imagine the amazement of the world
when it found that the resolutions were to the effect that the
convention should draft and propose a constitution of government
which would create an entirely new nation out of the human beings
in all the assembled nations, and create a new national government
for the new nation, and destroy forever the independence and
sovereignty of each represented nation and its government and
subordinate them to the new national and supreme government.
This was exactly the nature of the startling resolutions of
Randolph. Moreover, before that one day closed, the Committee of
the Whole actually did resolve “that a national government ought to
be established consisting of a supreme legislative, executive and
judiciary.” The vote was six to one. Massachusetts, Pennsylvania,
Delaware, North Carolina, Virginia and South Carolina voted “aye.”
From that day on, the Convention continued to prepare a proposal
involving the destruction of the complete independence of the
existing nations and of the governments which respectively
commissioned the delegates to the Convention. From that day on,
the Convention concerned itself entirely with the drafting of
constitutional Articles which would create a new nation, America, the
members thereof to be all the American people, and would constitute
a national government for them, and give to it national powers over
them, and make it supreme, in its own sphere, over all the existing
nations and governments.
It is interesting and instructive to know that all this startling
purpose, later completely achieved by appeal to the existing ability of
the possessors of the supreme will in America, the people,
assembled in their conventions, had not been the conception of a
moment.
We find Madison, by many credited with the most logical mind of
his remarkable generation, carefully planning, long before the
meeting of the Convention, a quite detailed conception of the
startling proposal of Randolph. In a letter from Madison to Randolph,
dated April 8, 1787 (5 Ell. Deb. 107), he speaks of “the business of
May next,” and of the fact “that some leading propositions at least
would be expected from Virginia,” and says, “I will just hint the ideas
that have occurred, leaving explanations for our interview.” When we
remember the remarkable manner, entirely novel in the history of
political science, in which our Constitution creates a new nation and
its supreme national government and yet keeps alive the former
independent nations and their federation, the next sentence of that
letter is of absorbing interest. It reads, “I think, with you, that it will be
well to retain as much as possible of the old Confederation, though I
doubt whether it may not be best to work the valuable articles into
the new system, instead of engrafting the latter on the former.” When
we read the detailed story of the Philadelphia Convention and study
its product, our Constitution, there worded and later made by the
people, we realize that Madison’s idea, expressed in the quoted
sentence, was accurately carried out largely through his own efforts.
Turning now to a later paragraph in that same April letter, we
marvel at the foresight, the logical mind and the effective ability of
the writer in later securing almost the exact execution of his idea by
the entire people of a continent, even though that idea was the
destruction of the independence of their respective nations and of
their existing respective governments. That paragraph reads: “I hold
it for a fundamental point, that an individual independence of the
states is utterly irreconcilable with the idea of an aggregate
sovereignty. I think, at the same time, that a consolidation of the
states into one simple republic is not less unattainable than it would
be inexpedient. Let it be tried, then, whether any middle ground can
be taken, which will at once support a due supremacy of the national
authority, and leave in force the local authorities so far as they can
be subordinately useful.”
This remarkable letter then goes on, paragraph by paragraph, to
suggest that, in the new Articles, the principle of representation be
changed, so as not to be the same for every state; the new
government be given “positive and complete” national power “in all
cases where uniform measures are necessary”; the new government
keep all the federal powers already granted; the judicial department
of the new government be nationally supreme; the legislative
department be divided into two branches; the new government have
an executive department; there be an Article guaranteeing each
state against internal as well as external dangers. In other words, the
letter reads like a synopsis of the principal provisions of our present
Constitution, although the letter was written over a month before the
Philadelphia Convention began to draft that Constitution.
One paragraph in that remarkable letter is very important as the
first of many similar statements, with the reasons therefor, made by
Madison in the Philadelphia Convention, in the Virginia convention
which ratified the Constitution and in The Federalist which urged its
ratification. Madison was writing his letter within a few short years
after the American people had made their famous Statute of 1776.
He knew its basic law that every ability in government to interfere
with individual freedom must be derived directly by grant from those
to be governed. He knew that governments could give to
government federal power to prescribe rules of conduct for nations.
He also knew that governments could not give to government any
power to prescribe rules of personal conduct which interfered with
the exercise of individual human freedom. In other words, he knew
the existing and limited ability of legislatures to make federal Articles
and that such limited legislative ability was not and never could be, in
America, competent to make national Articles. He also knew the
existing ability of Americans themselves, assembled in their
conventions, to make any kind of constitutional Article, whether it
were federal or national. He knew that the limited ability had been
exercised in making the federal Articles of the existing federation and
that the unlimited ability had been exercised, in each existing nation,
in making its national Articles.
With this accurate knowledge always present in his mind and
repeatedly finding expression by him in the ensuing two years, it is
natural that we find in his remarkable letter of 1787, after his
summary of what Articles the new Constitution ought to contain and
nearly every one of which it does contain, the following significant
statement: “To give the new system its proper energy, it will be
desirable to have it ratified by the authority of the people, and not
merely by that of the legislatures.” From such a logical American, it is
expected that we should find accurate echo again and again of this
deference to basic American law in such later expressions as his
statement in The Federalist, Number 37, “The genius of republican
liberty seems to demand ... that all power should be derived from the
people.”
Having thus grown well aware of the tremendous part played by
Madison in shaping the substance of the Constitution of government
under which we Americans live, let us return to the Philadelphia
Convention in which he figured so prominently and which worded
and proposed the Articles of that Constitution.
In the seven Articles, which were finally worded by that
Convention, there are but three which concern themselves at all with
the vesting of national power in government. They are the First, the
Fifth and the Seventh.
The First Article purports to give, in relation to enumerated
matters, all the national power which the Constitution purports
anywhere to grant to its only donee of power to make laws interfering
with human freedom, the national Legislature or Congress. Indeed,
the opening words of that First Article explicitly state that, “All
legislative Powers herein granted shall be vested in a Congress of
the United States, which shall consist of a Senate and House of
Representatives.” Then the remaining sections of that Article go on
to enumerate all the powers of that kind, the national powers, which
are granted in the Constitution by the donors, the American people
or citizens, assembled in their conventions.
If there be any doubt in the mind of any American that the First
Article contains the enumeration of all national powers granted by
the Constitution, the statements of the Supreme Court, voiced by
Marshall, ought to dispel that doubt.
This instrument contains an enumeration of powers
expressly granted by the people to their government.... In the
last of the enumerated powers, that which grants, expressly,
the means for carrying all others into execution, Congress is
authorized “to make all laws which shall be necessary and
proper” for the purpose. (Gibbons v. Ogden, 9 Wheat. 1.)
This “last” of the enumerated powers, as Marshall accurately
terms it, is that granted in the last paragraph of Section 8 of the First
Article.
It is because the First Article IS the constitution of government of
the American citizen that his government has received its tribute as a
government of enumerated powers. This fact is clearly explained in
the Supreme Court in Kansas v. Colorado, 206 U. S. 46.