Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
If it were still 1833, if there never had been a Gettysburg or an
Appomattox, could Calhoun himself have done better? If there never had
been the Statute of 1776 or an American Revolution to make it the basic
law of America, could any Tory peer in the Westminster Parliament of
1775 have been more zealous to see that the states themselves--which
are mere political entities--should determine whether there was
anything in the Eighteenth Amendment “subversive of _their_ liberties
and _their_ welfare?” If there is, “_they_ can be trusted to condemn
it.” Let _our_ “Congress discharge its preliminary task of submission
and stand aside.” What if there is anything in the Amendment subversive
of _our_ liberties and _our_ welfare? Why should _we_ be trusted with
the opportunity to condemn it, the opportunity which we reserved
exclusively to ourselves by the most important factors in the Tenth
Amendment and the Fifth Article?
Why should we remember that Jefferson, also from a Southern State,
penned the Statute of 1776 in which the American people commanded that
no government acquire power over people except from people and not
from governments? Why should we remember that Pendleton, also from the
South, while actually engaged with all the rest of the American people
in making the First Article, referred to it and asked, “Who but the
people can delegate powers? What have the state governments to do with
it?” Why should we remember that Wilson, in the previous December, that
of 1787, said of our Constitution, “Upon what principle is it contended
that the sovereign powers reside in the state governments? The proposed
system sets out with a declaration that its existence depends upon
the supreme authority of the people alone? How comes it, sir, that
these state governments dictate to their superiors--to the majesty of
the people?” Why should we remember that Webster, answering Hayne and
Calhoun, said, also speaking of our Constitution, “While the people
choose to maintain it as it is--while they are satisfied with it, and
refuse to change it--who has given, or who can give, to the state
legislatures a right to alter it, either by interference, construction,
OR OTHERWISE?... Sir, the people have not trusted _their_ safety, in
regard to the general constitution, to these hands. They have required
other security and taken other bonds.” (4 _Ell. Deb._ 508.)
Public-domain text, read in full here on John Shaqi.
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