Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We remember how well this legal fact was once known to all Americans,
how clearly the Americans in Virginia expressed it as the then
knowledge of all Americans and their leaders. “The powers granted under
the proposed Constitution are the gift of the people, and every power
not granted thereby remains with them, and at their will.” (Resolution
of the Americans in Virginia, ratifying the Constitution and making the
grants of its First Article, 3 _Ell. Deb._ 653.) We do not understand
how Webb and those of his Tory faith, speaking the language of Lord
North in 1775 and of Lloyd George in 1922 as to the British Government
of “subjects,” should translate the quoted accurate statement of
American law into, “The powers granted under the proposed Constitution
are the gift of the people, but every power not granted therein remains
with the collective state legislative governments and can be granted
by those governments, without any action by the citizens of America
themselves.”
We know that the Supreme Court, in 1907, did not so understand.
The powers the people have given to the General Government are named
in the Constitution, [all in the First Article] and all not there
named, either expressly or by implication, are reserved _to the
people_ and can be exercised only by _them_, or upon _further grant_
from _them_. (Justice Brewer in Turner v. Williams, 194 _U. S._ 279.)
We do not understand how Webb and those of his Tory faith could believe
that one of those reserved powers could be exercised by the collective
state governments, Section 1 of the new Amendment, or could be granted
by those governments, Section 2.
Public-domain text, read in full here on John Shaqi.
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