Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
For the information of those who think that governments in America
_can_ validly make grants of _national_ power, like those in the First
Article and the Eighteenth Amendment, we state that the quoted words
are from the complaint of the American people against their British
Government on July 4, 1776. For their information, we also state
that, on that famous July day, all Americans ceased forever to be
“subjects” of any government or governments in the world. For their
information, we also state that it will require more than a combination
of our American government and the state governments to subject us
American citizens to a jurisdiction foreign to _our_ Constitution and
unacknowledged by our laws, the jurisdiction of the state governments,
none of which has aught to do with the citizens of America.
It is a known legal fact, decisively settled in the Supreme Court, that
the jurisdiction of the American government over the American citizen
and the jurisdiction of the state government over the state citizen are
as distinct and foreign to each other as if the two citizens were two
human beings and the territory of the state were outside of America.
We have in our political system a government of the United States
and a government of each of the several states. Each one of these
governments is distinct from the other and has citizens of its own who
owe it allegiance and whose rights, within its jurisdiction, it must
protect. The same person may be, at the same time, a citizen of the
United States and a citizen of a state, but his rights of citizenship
under one of these governments will be different from those he has
under the other. (Justice Waite in United States v. Cruikshank, 92 _U.
S._ 542.)
The two governments in each state stand in their respective spheres
of action, in the same independent relation to each other, except in
one particular, that they would if their authority embraced distinct
territory. That particular consists in the supremacy of the authority
of the United States where any conflict arises between the two
governments. (Justice Field in Tarble’s Case, 13 _Wall._ 397.)
In our Constitution all power ever granted to interfere with the
individual freedom of American citizens is vested in _our_ only
legislature, the Congress. That is the opening statement of that
Constitution in its First Article, which enumerates all powers _of that
kind_ ever validly granted to that legislature.
Public-domain text, read in full here on John Shaqi.
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