Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
So spoke Congressman Webb, introducing the proposed Eighteenth
Amendment, exactly as it now reads, to the House of Representatives, on
December 17, 1917. This was the day on which that House discussed and
passed the Senate Joint Resolution 17, which proposed that Amendment
and submitted it to _governments_ to make it. Webb was a lawyer of
renown and chairman of the Judiciary Committee and had entire charge of
the passage of the Resolution in the House on behalf of those who had
ordered the American Congress to pass that Resolution.
From one instance alone, we may immediately glean how clearly Webb
and all leading supporters of the Eighteenth Amendment, in and out of
Congress during the past five years, have shown an accurate “knowledge”
of the basic principles of all government in America. We realize that
such knowledge, if human liberty is to remain secure, is an essential
qualification of leaders of a people once “better acquainted with the
science of government than any other people in the world.”
No sooner had Webb read the Section 2 and made his quoted statement of
its purpose than he was asked a pertinent and important question. The
query was whether, if Congress and a state government each passed a
law and they flatly conflicted, which law would control? Webb had made
long preparation to carry out his purpose that the Eighteenth Amendment
be inserted in the Constitution _by government_. He was prepared with
his immediate response to that ignorant question. His prompt answer
was: “The one getting jurisdiction first, because both powers would
be supreme and one supreme power would have no right to take the case
away from another supreme power.” (_Congressional Record_, Vol. 56, p.
424.) It is sad to relate that this lucid explanation of the manner
in which _two_ distinct supreme powers dictate to one “subject,” the
American citizen, elicited the next query, “Does the gentleman say
that as a lawyer?” With the charity that real intelligence displays to
ignorance, Webb again explained the simple proposition of two distinct
_and supreme_ powers to command on exactly the same matter. We commend
Webb’s American mental attitude, without the slightest Tory taint, and
his mastery of American law, to all who ever wish to dictate to human
beings as “subjects.”
Fresh from our education in the experience of the earlier real
Americans, we deem it proper to dwell for a moment further on that
opening statement of Webb: “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” to the state governments.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account