Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
the only and the invincible challenge to that validity, that new power
to interfere with the individual freedom of the American citizen could
_only_ be obtained _constitutionally_ by direct action of the American
people themselves, assembled in the “conventions” of the Fifth Article.
It meant nothing to them that the Fifth Article prescribed that _such_
grants should be valid _only_ when there had been a “Yes” evoked from
three fourths of those conventions. If we would realize the amazing
ignorance, during the last five years, shown on these matters, we must
continue the tale of the proposed new Article.
Before the proposed Article had left the Senate for the first time,
what we now call Section 2 read, “The Congress shall have power to
enforce this Article by appropriate legislation.” With the section in
that language, the Joint Resolution was passed and sent to the House of
Representatives on August 1, 1917. (_Congressional Record_, Vol. 55,
p. 5666.) It was reported out of the Judiciary Committee and taken up
by the House on December 17, with the proposed Section 2 reading, “The
Congress and the several states shall have concurrent power to enforce
this Article by appropriate legislation.”
Somewhat educated with those Americans whose experience made them
better acquainted with the science of government than any other people
in the world, we realize that only Mark Twain could do full justice
to the nature of _this_ alteration to the proposed Section 2. It was
not enough that Congress, because it did not have the power to make a
certain command to its own citizens, should ask inferior governments,
which are not the government of the American citizens, to make that
command. It was not enough that the American Congress, when asking
these inferior governments to make that command, should ask them
to give Congress a future ability to make commands on that subject
on which the citizens of America had never given any government or
governments ability to make any commands to the citizens of America.
The House alteration in the second suggestion from the Senate would
indicate that the House became jealous of the Senate ignorance of
fundamentals in the relations of governments to one another in America
and in the relation of all governments in America to the individual
American. It is difficult otherwise to explain the House alteration
in the Section 2 of the Amendment which came from the Senate. As the
House reported the two sections back to the Senate, this is what the
two sections proposed. Section 1 embodied a command (to be made by
the inferior state legislatures) which directly interferes with the
individual freedom of the American citizens on a subject not enumerated
in their First Article. Section 2 embodied a grant of future ability
to make similar commands on the same subject, and the grant was to be
from the state legislatures to the Congress and _to the very state
legislatures_ who were supposed to make the grant itself and the
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