Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Now we see the fallacy of the false “knowledge” which our statesmen
and constitutional thinkers brought to the year 1917. Now we know
the marvelous foresight of Hamilton when he stated his conviction
that Amendments would relate to “the organization of the government,
not to the mass of its powers.” None of the seventeen Amendments did
relate “to the mass of its powers” to interfere with individual human
liberty. That is why state legislatures, representing the federal
members of the union of states, could make the federal or declaratory
seventeen Amendments. The fact that those “legislatures” in 1787 could
make Articles of that kind, as they had made them in 1781, did not
deceive the Americans at Philadelphia into a false “knowledge” that
those “legislatures” _could_ make the First Article with its enumerated
powers to interfere with the individual freedom of the members of
the nation of men. The fact that the same “legislatures,” still
representing the members of the subordinate union of states, still
could make declaratory or federal Articles, _and had made seventeen
Articles of that kind_, not one of which constituted new government
power to interfere with individual liberty, should not have misled the
statesmen and constitutional thinkers of our generation.
But it did.
CHAPTER XV
THE EXILED TORY ABOUT TO RETURN
We have now educated ourselves accurately to know, at the beginning of
1917, what was our own relation to all governments and what was the
relation of those governments to one another. With certainty, we know
that those relations, at the beginning of 1917, were exactly what they
had been at the close of 1790. It is amazingly important that we never
forget that particular knowledge, when reading the story of what has
happened since the beginning of 1917.
With certainty, through our education we know that, _at both times_,
the following was our own relation to all governments and the relation
of each of them to the others.
No individual in America was a “subject” of any government or
governments. Each individual was a “citizen” of the nation which is
America. The citizens of America, as such citizens, had given to
their only government its enumerated powers to interfere with their
individual freedom. Those American citizens had given these enumerated
powers by direct grant from themselves, in the only manner, in which
they can act effectively on such a subject, by assembling in their
“conventions.” Those American citizens had made it the imperative law
of America that no new power _of that kind_ (to interfere with their
freedom) could be created except by the new exercise of their own
ability _in the same manner_.
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