Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The case of Rhode Island or Connecticut makes our point clear, although
the question is equally apt for _any_ state, _if_ the Eighteenth
Amendment is in the Constitution. Neither the American citizens in
Rhode Island nor the legislature of Rhode Island, which speaks only
for _its_ citizens and not for any citizens of America, have ever said
“Yes” to the grant to the legislature of Rhode Island of this new
power to interfere with the individual human freedom of the citizens
of Rhode Island. The other power to interfere with that freedom, on
the same subject, which the citizens of Rhode Island gave to _their_
legislature, is a power which the citizens of Rhode Island can take
back from that legislature at any time. But, _if_ the Eighteenth
Amendment is in the Constitution, the legislature of Rhode Island has
a power to interfere with the citizens of Rhode Island in the exercise
of their human freedom, which power has been granted by governments
_outside_ of Rhode Island, and which power cannot be taken away from
that legislature by the citizens of Rhode Island.
We average Americans again ask whether the Congress, chosen to fulfill
the guarantee of the Fourth Article, understood the meaning of the
Fifth Article to be that it could suggest and originate any desired
breach of that guarantee?
_In the second place_, we would like to ask another question of the
Congress which proposed that Second Section and of all who uphold
the validity and the sanity of the Eighteenth Amendment. This other
question is about the two distinct powers, in relation to Prohibition,
which the legislature of every state must have, _if_ the Amendment is
in the Constitution? The question is simple. When such legislature
passes an act like the Mullan-Gage Law in New York, _who_ determines
which of the two distinct powers the state legislature exercises? Is
it the power granted by the citizens of that state and revocable by
them? Or is it the power granted by _governments_ outside that state,
over which the citizens of that state have not the slightest control?
The query is a pertinent one. It is not beyond reasonable assumption
that the citizens of New York may amend their state constitution and
forbid their legislature to enact any statutes interfering with the
freedom of the citizens of New York, in any way, on the matter which
is the subject of the Eighteenth Amendment. Such a step on the part
of the citizens of New York would be absolutely valid. It is not
forbidden even by the remarkable Eighteenth Amendment. Such a step
would immediately deprive the legislature of the State of New York of
any power from New York citizens to pass such law. Moreover, it would
end that Law itself, _if_ that Law was passed in the exercise of the
power, in such matters, granted by the citizens of New York. If it
were determined, however, that the Mullan-Gage Law had been passed
by the New York legislature in the exercise of power delegated to it
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