Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When, therefore, in the year 1920, we shall hear these Amendments,
which establish _universal freedom_, cited as Articles of exactly the
same nature as a supposed new Article, directly interfering with the
freedom of the American citizen on a matter not enumerated in the
First Article, we shall be rather surprised. But we shall be more
than surprised, when we hear the reason of the modern “constitutional
thinker” why _both_ Articles are within the power of the state
governments, who are his clients, to put into our Constitution. Not
knowing that our Constitution is a _federal_ as well as a _national_
Constitution, not knowing that his government clients always had the
ability to make _federal_ Articles and never had and have not now the
ability to make Articles which interfere with human freedom, we shall
find him stating, as axiomatic, that the slavery Amendments, which
_establish_ universal freedom, and the supposed Article of 1917, which
_interferes with_ freedom of the individual, are identical, for the
reason that both affect the individual and his rights and liberties.
On the remarkable nature of this identity, that one _secures_ and the
other _interferes with_ individual _liberty_ and, therefore, both
_affect_ individual liberty, we shall find that he bases the Tory
concept that state governments can do as they please with all liberties
of the American citizens. While his theory will serve only to amuse
us, we commend, to his reading, this extract from a better _American_
lawyer:--“The legislature may not confer powers by law inconsistent
with the rights, safety, and liberties of the people, because no
consent to do this can be implied, but they may pass limitations _in
favor_ of the essential rights of the people.” (Woods appeal, 75 _Pa._
59.)
The Sixteenth Amendment simply removes, from one of the great powers
granted to Congress by the citizens of America in their First Article,
a _federal_ limitation upon its exercise, a limitation entirely for the
benefit of the states which are political entities.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account