Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
If one doubts that the First Article WAS the constitution of the
government of men, test the truth of the statement in this way. First,
assume that the “conventions” made no Article save the First. Then ask
yourself if the whole American people would not have constituted their
government with its great enumerated powers to interfere with their
individual liberty. In the second place, make exactly the opposite
assumption. Assume that the “conventions” made all the Articles from
the Second to the Seventh, both inclusive, _but did not make the First
Article_. Then ask yourself whether the whole American people would
have constituted any government with a single power to interfere with
their individual freedom.
Let us now apply exactly the same test to each of the first seventeen
Amendments and then to the supposed Eighteenth Amendment.
Take any one of the first seventeen Amendments and assume that
anything _new_ which it put into the Constitution was the entire
Constitution. Then ask yourself whether, if the Constitution
consisted solely of the new matter in the Amendment, there would be
any government of the whole American people with a single power to
interfere with their individual human liberty. Take _all_ the seventeen
Amendments and assume that any change all of them made was the entire
Constitution. Then ask yourself whether, if any new matter in the
seventeen Amendments composed the entire Constitution, would there be
any government of the whole American people with a single power to
interfere with their individual human liberty.
Now make the same assumption about the supposed Eighteenth Amendment.
Assume that it is the entire Constitution and that there are no other
Articles. Immediately it is seen that, if the Eighteenth Amendment
were the entire Constitution, there would be a government of the whole
American people with an enumerated power to interfere with their
individual human liberty.
Public-domain text, read in full here on John Shaqi.
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