Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
If we go back to the “conventions” of those who established the
system, we find a striking fact. In those “conventions” there were
many men whose personal opinion always had been and still was in
full accord with the Tory concept of what _ought_ to be the relation
of government to human being. But these men, with that Tory concept
of what government ought to be, were just as keenly aware as were
those with the American concept, that the Tory concept had forever
disappeared from American law. Whenever any suggestion was based upon
the Tory concept, these very men were among the quickest to perceive
and the most strenuous to insist that the suggestion could not be met
because the American concept had displaced the Tory concept forever
in America. If our modern leaders, who have the same Tory concept of
what government _ought_ to be, had evinced the same perception and the
same insistence, the story of the last five years would be a different
story. Because these leaders have had no knowledge of what America is,
we average Americans must now come straight from the “conventions” in
which the Americans established the Constitution to secure individual
freedom and we must educate ourselves in the story of the last five
years in which our governments and our leaders have calmly assumed that
citizens are subjects.
CHAPTER XVI
THE TORY “EIGHTEENTH AMENDMENT”
In the closing month of 1917, the American people had been for eight
months participants in the World War. In that winter, under the
direction of their only government, exercising its war power, they
were marshalling all that they had to win that war and to win it
quickly. The mind of the people themselves was concentrated on that one
purpose. The response of the average American citizen to the call of
his government, the assembling of millions of average American citizens
as soldiers for that war, the outpouring of their money by other
millions, should have made it impossible that the government servant of
those American citizens should have entirely forgotten and ignored the
knowledge of the “conventions” of 1787, that the American is a citizen
and not a subject. Even if their personal experience had made them
members of the class which naturally have the Tory mental attitude, the
spirit of 1917 should have awakened our legislators from their wrong
Tory concept of our American basic law. If plain words were needed to
teach them that basic law, only ten years earlier the Supreme Court had
stated that law in words which even a child can understand.
The powers the people have given to the general government are named
in the Constitution, and all not there named ... are reserved to the
people and can be exercised _only by them_, or upon further grant
_from them_. (Justice Brewer, in the Supreme Court, 1907, Turner v.
Williams, 194 _U. S._ 279.)
Public-domain text, read in full here on John Shaqi.
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