Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The powers the people have given to the General Government are named
in the Constitution, and all not there named, either expressly or by
implication, are reserved to the _people_ and can be exercised only by
_them_, or upon further _grant_ from _them_. (Justice Brewer in Turner
v. Williams, 194 _U. S._ 279.)
CHAPTER XIV
SEVENTEEN ARTICLES RESPECT HUMAN FREEDOM
“For my own part, I acknowledge a thorough conviction that Amendments
which may, upon mature consideration, be thought useful, will be
applicable to the organization of the government, not to the mass of
its powers.” (_Fed._ No. 85.)
This was the statement of Hamilton to the American people when he was
asking them, about to assemble in their conventions, to make their
First Article grants of enumerated powers to interfere with their
individual freedom and to make their Fifth Article mode of procedure,
in which they could exercise CONSTITUTIONALLY their exclusive ability,
assembled again in “conventions,” to add or subtract from that grant of
enumerated powers of that kind.
When he used the words, “mass of its powers,” he referred directly to
that First Article grant. It contains all the powers that were ever
given to any government to interfere with the individual freedom of
the American citizen. He knew what the Supreme Court clearly declared
in United States v. Cruikshank, 92 _U. S._ 542, that, beyond the scope
of its enumerated powers, there is _no_ government of the American
citizens. He knew that, in the geographical territory which is each
state, there would thereafter be two governments, the government of
enumerated powers, governing the American citizens in that state under
the First Article grants from the American citizens, and the state
governments, governing the citizens of the state, under whatever grants
of national power its state citizens gave that government.
The two governments in each state stand in their respective spheres
of action in the same independent relation to each other, except
in one particular, that they would if their authority embraced
distinct territories. That particular consists in the supremacy of
the authority of the United States when any conflict arises between
the two governments. (Justice Field, in Tarble’s case, in the Supreme
Court, 13 _Wall._ 397.)
With such knowledge, he would have found it impossible to make the
blunder of assuming that either government could give or join with
governments in giving to the other any power to interfere with the
citizens of the grantee in their enjoyment of individual liberty.
He knew that, “In our republican forms of government, the absolute
sovereignty of the nation is in the people of the nation; and the
residuary sovereignty of each state, not granted to any of its public
functionaries, is in the people of the state.” (Story, 1 _Ell. Deb._
65.)
Public-domain text, read in full here on John Shaqi.
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