Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We recall vividly the statement of Lloyd George made only last year in
the British Legislature. He was speaking of the proposed treaty with
Ireland, then before that Legislature, and this is what he said, in
substance. “The Parliament at Westminster [legislative government, not
the people of the British Empire] is the source of every power in the
British Empire.” It is our just tribute to Webb and every American who
believes that the Eighteenth Amendment is in the Constitution, that
they understand that the American nation is founded and exists on
exactly the same principle. They have all acted upon the one conviction
that the state governments collectively are exactly the same as the
Parliament at Westminster, are above the American Constitution and need
obey no command in it, and are the legitimate source of any power to
interfere with the individual freedom of the American citizen, on any
matter whatsoever.
On our part, probably blinded by our own education with the earlier
Americans, we still believe that Webb and all who think with him are
hopelessly ignorant of American law. We believe that they do not
understand in the least the vital change in the status of the American
individual, from “subject” to “citizen,” on July 4, 1776.
We remember Marshall’s clear statement, in the Supreme Court, that, in
the days when Americans “were better acquainted with the science of
government than any other people in the world” and the First Article
grants of power over them were requested, the legal “necessity of
deriving those powers from _them_ was felt and acknowledged by all.”
We know that _they_ made no change in the imperative nature of that
necessity. We do not understand how that legal necessity, during the
past five years, has not been known to Webb and those of his Tory faith.
We remember Marshall’s equally clear statement, again in the Supreme
Court, that, when new grants of such power are wanted from its citizens
by the American government, there is only one way, in which those
grants can be validly or “effectively” made, namely, by those citizens
themselves, assembled in their “conventions.” It is true, the American
citizens assembled in those conventions in their several states. “No
political dreamer was ever wild enough to think of breaking down the
lines which separate the states, and of compounding the American people
into one common mass” and of compelling them to assemble in _one_
“convention,” when it is necessary for them to act, as possessors of
exclusive ability to vest national power over them.
Of consequence, when they act, they act in their states. But the
measures _they_ adopt do not, on that account, cease to be measures
_of the people themselves_, or become the measures of the state
governments. (M’Culloch v. Maryland, 4 _Wheat._ 316.)
We do not understand how Webb and those of his Tory faith have
forgotten this legal fact, possibly the most important in America to
the liberty of its citizens.
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