Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It is a striking commentary upon the ability of Hamilton and his
generation, when contrasted with our modern “constitutional thinkers,”
that he knew and appreciated _what would happen in a century to come_,
while they have not understood what _had_ happened in a century that
had gone, although the record of that century was spread out before
them to read. None of _our_ leaders _have_ appreciated the fact that
every one of the first seventeen Amendments to our Constitution _was
of the kind_ that state legislatures had ability to make before our
Constitution was even drafted at Philadelphia, because all were
_federal_ (or declaratory) Articles and were not _national_ Articles.
If they had known, _after_ these seventeen Amendments were history,
what he prophesied _before_ the Constitution itself was adopted, the
story of the last five years might not have been what we shall learn
hereafter that it was.
That _we_ may know, _of our knowledge_, what _he_ prophesied and
what _they_ entirely overlooked and ignored, let us briefly examine
the nature of those seventeen Amendments. Thus we will learn why
governments, known at Philadelphia in 1787 to be incompetent to make
_national_ Articles, could and did make those seventeen Articles in the
_constitutional_ mode of procedure which the Fifth Article provided
for the exercise of their existing ability limited to the making of
_federal_ or declaratory Articles.
The first ten Amendments were declarations insisted upon by the
American citizens, assembled in “conventions” where we have sat, as
specific security against government usurpation of power over their
individual freedom. The Supreme Court has repeatedly declared that
everything in those ten Amendments was in the Constitution when it
was ratified by those “conventions” and that the Amendments simply
declared what the will of the people themselves, assembled in those
“conventions,” had already established as the fundamental law in
America. Certainly no man would challenge the prophecy of Hamilton
on the theory that any one of those Amendments added to the mass of
government powers to interfere with human freedom. They are, each
and every one of them, the declaration that government cannot do
“this” and government cannot do “that.” So far from being _national_
Articles, the kind which only “conventions” of American citizens could
or can make, the kind which tell government that it can command the
American citizens on this or that subject, they are all Articles which
tell government that it _cannot_ command the American citizen. And,
for the further security of the individual freedom of the American
citizen, _a security never needed more than in this year_ 1923, the
Tenth Declaration emphatically declares _who_ it is that RETAINS the
_exclusive_ ability to alter, in one iota, “the mass of powers” (over
the individual freedom of the American citizen) granted _by them_ in
the First Article and the exclusive ability to exercise any power _of
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