Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Patrick Henry, opposing Constitution in the “conventions,” knows that
it takes power from the state legislatures and gives them no
power--All modern leaders “know” that it gives those legislatures
great power as attorneys-in-fact for the citizens of America--Many
modern leaders “know” that it makes those legislatures
an omnipotent Parliament over the citizens of America--No modern
leaders remember 1781 and 1787 existing ability of the state
legislatures to make federal Articles or Articles not creating
government power to interfere with human liberty--Common
modern concept that Fifth Article is “grant” to these “legislatures”
and to the very “conventions” which made the Fifth Article--Leading
brief, against Amendment, more than fifty times admits
or asserts this imaginary and remarkable “grant”--Some extraordinary
concepts of our American institutions in briefs--In a
famous opinion, Marshall explains a fact and on it bases the
entire decision of the Supreme Court--The fact itself is that the
Constitution granted no power of any kind to the state legislatures--No
brief knows or urges this fact or any of the facts we
learned in the “conventions,” the facts on which we base our
challenge to the Eighteenth Amendment concept that we are
“subjects”--Briefs for the Amendment examined to find out why
we are supposed to be “subjects”--Amazing claim that, when
governments alone change the national part of the Constitution,
Supreme Court has no power even to consider whether governments
in America can make a change in the enumerated powers
given to their own government by the citizens of America--Remarkable
Tory concept that the number of Senators from each
state is the only thing in America immune from government
invasion, if enough governments combine--Indignation of American
citizen changes to mirth when he realizes this concept to be
only basis of thought that he is a “subject” or that there is an
Eighteenth Amendment--American citizen, seeking to find (in the
briefs for the Amendment) what happened, between 1907 and
1917, to make him a “subject,” startled to hear the answer,
“Nothing”--Citizen’s amusement increased on learning, in same
briefs, that whole American people, in Constitution which expressly
declares it gives no power to state governments, made
those governments of state citizens irrevocable and omnipotent
attorneys-in-fact for the citizens of America--Amusement increased
by finding that main champion of Tory concept quotes
Marshall’s Supreme Court story of the making of the Constitution,
but omits, from the quotation, the paragraph in which Marshall
points out that everyone knew why the “legislatures” could not
make and only the “conventions” could make the national First
Article, with its grant of enumerated power to interfere with
human liberty--Curiosity added to mirth on finding this brief
echo Madison’s own knowledge that his Fifth Article contains
nothing but “procedural provisions,” while brief bases its entire
Public-domain text, read in full here on John Shaqi.
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