Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
By reason of _our_ education, we have many natural questions to ask
about that Section 2 and the unique House addition to its supposed
grant. While some of those questions may be academic, inasmuch as we
know that the new Article is not in the Constitution, the thoughts
which suggest the questions are strikingly pertinent to our general
query, “Citizen or Subject?”
_In the first place_, we recall the opening words of Section 4 of
the Fourth Article of the Constitution. Those words are, “The United
States shall guarantee to every State in this Union a Republican Form
of Government.” These words immediately precede the Fifth Article.
Moreover, the Supreme Court has decided that it is the particular duty
of Congress to see that this particular guarantee of the Fourth Article
is strictly fulfilled. (Luther v. Borden, 7 _How._ 1; Pacific Telephone
Company v. Oregon, 223 _U.S._ 118.) In the light of these facts, we
wish to know whether the Congress, which proposed the change in Section
2, so that state governments outside a particular state might give
to the state government of that state new power to interfere with
_its_ citizens, understood that the Fifth Article was meant to enable
Congress to originate any desired breach of the guarantee in the Fourth
Article. From our education, we know that, so long as any state has a
republican form of government, its legislature can have no power to
interfere with the individual freedom of the citizens of a state except
by the grant _and continued consent_ of those citizens themselves. We
know that the citizens of each state, in 1776, gave its legislature
power to interfere with their freedom in the matter which is the
subject of the Eighteenth Amendment. We know that, then or at any time
since then and now, the citizens of each state could take back _that_
power so given. But, if the governments of thirty-six states outside
any given state, by the Second Section of the Eighteenth Amendment,
have granted the legislature of that particular state a new and second
power to interfere with the individual freedom of the citizens of that
state, in the matter which is the subject of the Eighteenth Amendment,
what has become of the republican form of government in that state? No
republican form of government ever exists where governments, outside
a state, give to its legislature any power to interfere with the
individual freedom of its citizens.
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