Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
As we go on with his oration of that July day, we find him insisting,
as we found the House insisting on a later day, that the states and
their legislative governments are all the protection to our individual
liberties which the American people were able to attain by the efforts
of those remarkable years from 1775 to 1790. Curiously enough, that
insistence is mentioned in the same breath in which he suggests that
we, the citizens of America, have some rights, evidently in the nature
of privileges which a government confers on its subjects. This is what
he has to say: “In refusing the people the right to appeal to the only
tribunal having power of amending, the tribunal of the states, for the
redress of what they consider one of the most terrible grievances in
the republic, Congress would deny to them one of the most sacred of all
rights, the right of petition.”
Why should the supreme legislature not deny that right of petition to
us, if the inferior state legislatures, who are not governments of the
citizens of America, claim power to deny us any right they please, as
they do by their supposed Eighteenth Amendment to our Constitution?
But we waste time on this Sheppard. Let him say his own farewell to
us; the citizens of America, in his closing words of July 30, 1917.
As Webb, in the House, closed with his eloquent appeal to every true
Mohammedan, we naturally find Sheppard closing with his appeal to
whatever Tory sentiment believes that the same most important factor in
the Tenth Amendment and the Fifth Article should be equally ignored.
“At the close of this debate we will have an opportunity to enable the
states to exercise their highest function--the right to shape, alter,
and develop the federal Constitution. They are the proper tribunal to
decide the fate of this Amendment. They compose the mightiest array
of free commonwealths united in a federated whole the world has ever
seen.... If there is anything in the Amendment subversive of _their_
liberties and _their_ welfare, _they_ can be trusted to condemn it.
Let not Congress assume to judge for them. Let Congress discharge its
preliminary task of submission and stand aside. Let it put in motion
the referendum provided by the national organic law--the method of
amendment the states themselves established when they created the
Constitution. Let the states perform the duty which remains the sole
instance of their sovereignty over the federal government itself.”
(_Congressional Record_, Vol. 55, p. 5554.)
Public-domain text, read in full here on John Shaqi.
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