Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Supreme Court wisely writes no opinion in “National Prohibition
Cases”--In each of four numbered paragraphs, Court states its
own negation of one challenge made to new Amendment--All
four challenges are negatived in seventeen lines of statement--First
two challenges trifling and purely technical--Third challenge
based on rights of the citizens of some particular state--Fourth
challenge to “extent” of Fifth Article “grant” of power
by “conventions” to “conventions” and “legislatures”--This challenge
asserts “grant” which advocates of Eighteenth Amendment
must and cannot prove--Court negative amazingly accurate--All
counsel have argued incessantly about “extent” of power “granted”
by Fifth Article--Court negatives in statement which speaks of
power “reserved” in Fifth Article--Concept of “grant” disappears--Court
knows what “conventions” knew, when they made
Fifth Article, when they insisted on Tenth Amendment Declaration
expressly stating the distinct reservees of the two existing
powers “reserved” in Fifth Article--Supreme Court of Marshall’s
day knows it and Supreme Court of 1907 knows it--“Citizen or
Subject?”--Eighteenth Amendment answers “Subject”--Real Constitution
answers “Citizen”--“Conventions” insisted on plain statement
of correct answer--Counsel of 1920 do not know it--Their
four challenges make plain that fact--All challenges based on
error that governments of state citizens are attorneys-in-fact for
citizens of America--In Virginia Convention and in Supreme
Court, Marshall explains that powers of state governments “proceed
not from the people of America” but from the citizens of each
respective state--No counsel of 1920 knows this important fact.
XXIV. GOVERNMENTS CLAIM AMERICANS AS SUBJECTS _Page 371_
Public-domain text, read in full here on John Shaqi.
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