Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
command of the First Section.
This is exactly the form in which the Second Section of the supposed
new Amendment was later ratified by these very state legislatures.
That Second Section has been the subject of unlimited discussion for
the past five years. Every one seems to have given it whatever meaning
pleased him at some particular moment. When the House Chairman of the
Judiciary Committee reported this Section to the House he frankly
stated that “We thought it wise to give both the Congress and the
several states concurrent power to enforce this Article and let that
power be set forth and granted in the Article we propose to submit.”
(_Congressional Record_, Vol. 56, p. 424.) But when Wheeler, counsel
for a political organization which dictated that governments constitute
this new government of men, wrote his briefs to uphold the validity of
the new Article which Webb championed in the House, he explained that
this Webb Second Section “does not add to the power already conferred
upon Congress by Section 1” but that “it does, however, make clear that
the power is _reserved_ to the states to pass legislation in aid of the
acts of Congress.” As in most matters, the various champions of the
supposed Eighteenth Amendment are unable to understand and agree upon
the meaning of plain English. From time to time, in our education, it
will be clear that they do not know and understand what the American
people did in 1788 in their “conventions” but that, while flatly
contradicting one another, they are all satisfied that the American
citizens did give the state legislatures unlimited ability to interfere
with individual freedom of the American citizen. It seems natural,
therefore, to find Webb and Wheeler flatly contradicting one another as
to the plain meaning of Section 2 of the Eighteenth Amendment. Despite
the absurdity of the concept, Section 2 means exactly what Webb stated
it to mean when he brought it from the House Judiciary Committee which
had written it. It means, in the plainest English, that the state
legislatures grant to themselves (as well as to Congress) ability to
make commands of the very same kind as the same state legislatures
make, without the grant, in the First Section. And it is a remarkable
fact that, in all the comment on that Section 2 for five years, no
word has been spoken about this ridiculous proposal that the state
legislatures make a certain command and then grant themselves the power
to make such commands. However, the absence of such comment has been
quite in keeping with the fact that our modern leaders and lawyers,
during the same five years, have never known or commented upon the
fact that the Eighteenth Amendment depends for its existence upon the
similar and equally absurd concept that the Fifth Article is a grant
from the “conventions” to the “conventions” as well as to the state
legislatures.
Public-domain text, read in full here on John Shaqi.
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