Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
that kind_ over them, which was not granted in the First Article. Who
can deny that, stated in our own words, this is what we find in the
plain declaration of the Tenth Amendment? “We, the people of America,
assembled in our conventions, have granted to the _American_ government
enumerated powers of the First Article. They are the only powers _of
that kind_ delegated to any government, by which it can interfere
with our individual freedom in our capacity as American citizens. All
powers, which the citizens of each state have hitherto had and which
we have not taken from them herein, we have left with them; and the
citizens of each state can grant so much of said powers as they please
to their own government to govern them as citizens of that state.
All other powers, outside those we have granted to our government to
interfere with us and those we have left to the citizens of each state
for their own respective exercise, we reserve exclusively to ourselves,
in our capacity as citizens of America. And, if any government should
deem it wise that any one of these powers (which we so reserve
exclusively to ourselves) should be exercised, we have provided in
the Fifth Article the mode of procedure in which we, assembled in
our conventions, can CONSTITUTIONALLY exercise it or grant it to the
government which wants to exercise it.”
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.)
Later herein we Americans, fresh from the “conventions” which demanded
these declarations for the better protection of individual liberty,
are going to hear expounded a doctrine, which would mean that these
declarations were themselves the _American_ Magna Charta. We are going
to hear, to our amazement, that these declarations were a compact
between an omnipotent government and its subjects, ourselves, who
have always imagined that we were “citizens” and not “subjects.” We
are going to hear, to our utter incredulity, that these declarations
are the promise of a government--itself omnipotent over ourselves and
_our_ Constitution and _our_ government which we thought to be the
supreme government in America--that we, the subjects of that omnipotent
government, may have certain privileges which this omnipotent
government will not take from us.
Public-domain text, read in full here on John Shaqi.
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