Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In view of these facts, we educated citizens of America have no
difficulty in grasping the Tory mental attitude of Webb (and his
colleagues _for_ the new Amendment) that all constitutional protection
for our individual freedom may be legally dispensed with at any time
_by government_, if governments only get together and act jointly, as
in the proposal and supposed adoption of the new Amendment entirely
by governments. For the edification of Webb and those of his faith
in that respect, we would like to inform them that all who believe
that the new Amendment has been or can be put in the Constitution by
governments, “seem to have lost sight of the people altogether in
their reasonings on this subject; and to have viewed” our national
and state governments, “not only as mutual rivals and enemies, but
as uncontrolled by any common superior in their efforts to usurp the
authorities of each other. These gentlemen must be here reminded of
their error. They must be told that the ultimate authority, wherever
the derivative may be found, resides in the people alone, and that it
will not depend merely on the comparative ambition or address of the
different governments, whether either, or which of them, will be able
to enlarge its sphere of jurisdiction at the expense of the other.”
(_Fed._ No. 46.) It contributes not a little to the importance of the
quoted statements that they were written by Madison, who also wrote
the real Fifth Article. They are his warning to the then “adversaries
of the Constitution.” They serve well as our warning to the present
adversaries of our Constitution, who assume and have acted on the
assumption that they can ignore its most important factors whenever
government desires to exercise or to grant a new power to interfere
with our individual freedom, although we have not granted it but have
reserved it to ourselves.
We might continue somewhat indefinitely the story of Senate Joint
Resolution 17 in the House of Representatives on that December day
of its passage therein. We would find, however, what we have already
seen of Webb and his colleagues there to be typical of all they have
said and all that they knew of basic American law. We cannot leave
that House on that day, however, without some comment upon the final
eloquent appeal made by Webb at the close of his arduous labor to
secure the passage of the Resolution.
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