Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It is a general and direct command to all human beings anywhere in
America, directly interfering with their individual freedom, on a
matter not enumerated in the First Article. Since we denied omnipotence
to Parliament, no legislature or legislatures had ever dared to
make any general command to the American people, except the American
Congress and _it_ only since 1789 and on matters enumerated in the
First Article. From 1776 to 1789, no legislature or legislatures had
any power whatever to make a general command to Americans on any
subject whatever. When Americans, in answer to the Philadelphia 1787
proposal, made themselves a nation and constituted its government, they
gave to that government _enumerated_ powers to make general commands
on _some_ subjects. All other power to make general commands _of that
kind_ they withheld from every government and reserved exclusively to
themselves, as they had denied _every_ power of that kind to every
government in the world by their Statute of ’76. For which very clear
reasons, it had been continually repeated in the Supreme Court for a
century that only one government in the world could make a general
command to the citizens of America, and that the Congress itself could
not make any such command on any subject not enumerated in the First
Article.
The Congress _proposal_ of the Eighteenth Amendment was its own
recognition of the truth that the sole government of American citizens
had no power to command them on that subject. It is probable that
nothing ever originated in Congress more remarkable than this proposal
that, because Congress itself was without the power to make the
command, Congress should ask inferior governments of other citizens
to make a command to the American citizens. If it were possible that
this could be done, there would be no American citizen. While no
public leader or renowned lawyer has known this simple fact, the story
of five years has shown how difficult it is to educate _the average
citizen_ away from the “American” mental attitude of 1776. In 1922, our
Chief Executive commented on the fact that the disobedience of American
citizens to the command made by the state governments had become a
public scandal. From 1765 on, similar disobedience of Americans to
commands made by government without authority _from_ Americans was a
public scandal to Tories in America and in the British Parliament.
Public-domain text, read in full here on John Shaqi.
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