Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When we sit in the conventions of 1787 and 1788 with the Americans
who had this common concept of the only purpose of government of men,
their concept is our own as we read with them the language of the Fifth
Article. And it is impossible for us, as it is impossible for them, to
find concealed in that language the thought of a “grant” to government,
a “grant” which would challenge this concept of the very purpose of
government. They are sitting in “conventions” assembled to determine
whether American individuals will enter into the new society of men,
which is to be America. They have received the Fifth Article from
Americans in Philadelphia, who have accompanied the proposal of that
Fifth Article with a letter which states, “Individuals entering into
society must give up a share of liberty, to preserve the rest.” This
statement is recognized by the Americans, in the “conventions” where
we sit, as the exact statement of the concept of the sole purpose of
a government of men. With that concept and that letter before us, how
can we or the Americans with whom we sit find in the Fifth Article the
remarkable idea that Americans, entering the society of America, are
to give up all their liberties to the state governments in order that
Americans may preserve the rest of their liberties?
In these modern days, however, there has asserted itself, in Bolshevik
Russia and in the America of which we are the citizens, two distinct
manifestations of an entirely different concept of the purpose of
government than was the concept of the Americans in the “conventions.”
Although the manifestation of the new concept by the Bolshevik in
Russia has been different from the manifestation of the new concept
by an aggressive and organized minority in America, the new concept,
at the bottom of each manifestation, is exactly the same. It is the
concept that the purpose of constituting a government of men is to
secure the welfare of the state or community or nation and not the
liberty and happiness of the individuals who compose the nation. This
is the exact concept of the Bolshevik Russian and the Eighteenth
Amendment American. To neither of them would the words of that letter
from Philadelphia convey the slightest meaning, the words “individuals
entering into society must give up a share of liberty, to preserve the
rest.” In their mutual concept, the individual has no liberty which
government need respect. In the Bible of their concept, men cannot
find the words which declare the basic American principle, that every
just power of government must come from the individuals who are to
be governed by its exercise. It is, however, a misnomer to call this
common concept of the Bolshevik Russian and the Eighteenth Amendment
American a _new_ concept. It is identical with the old concept known
as “Socialism,” the concept that community welfare, the prosperity
and power and strength of a nation, are more important things than
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