Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The supposed Volstead Act was enacted under this grant. It has met
with the severest criticism. No one, however, has yet pointed out
one particular fact to the careful thought of every average citizen
of America. There are thousands of laws, interfering with individual
freedom, in the statute books of the American nation and of the
respective states. In one respect, however, this Volstead Act is
absolutely unique among statutes in America. It is the one law in
America _of that kind_, the kind interfering with individual freedom,
which does not even pretend to be founded on a grant of authority
directly from its citizens to the government which passed it. It is the
only law in America, directly interfering with human freedom, which
was enacted under a grant of power made _by_ government to government.
It does not detract from this unique distinction that the American
government requested the grant, and the state governments made it,
and the American government acted under it, by passing the Volstead
Act, all being carefully planned and accomplished while millions
of Americans were preparing to give and thousands of them did give
their lives for the avowed purpose of securing human liberty from the
oppression of government.
When, in 1787, Americans at Philadelphia had worded our Constitution,
Gerry, opening the short discussion of its Fifth Article, made this
important and accurate statement of fact: “This constitution is to
be paramount to the state constitutions.” All American citizens know
that each state legislature is the creature of its state constitution
and absolutely subject to that constitution. We thus have clearly
established that the American Constitution is paramount to all the
state constitutions and that each state constitution is respectively
paramount to the state legislature which it creates and controls. It
remained for the Congress of 1917 and all advocates of the Eighteenth
Amendment to acquire and state and act upon the remarkable “knowledge”
that those same state legislatures are paramount to everything in
America, including the American Constitution, which is paramount to the
state constitutions which created these very legislatures. That such
was the unique knowledge of the Congress of 1917 is made clear by its
request to those state governments to make the command of Section 1 to
the citizens of America and to make the grant of Section 2 of power
over the citizens of America.
“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.”
Public-domain text, read in full here on John Shaqi.
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