Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
On the other hand, if he answers that the human beings of Texas are
the State of Texas, we do proceed further. We proceed along the most
definitely settled legal principle in America. If the human beings in
Texas are its citizens and constitute its State, the constitution of
Texas is their creation and the legislature of Texas is the creature
of that constitution. From the Texans, through the creation which is
their constitution, that legislature derives its every power over
the human beings in Texas and cannot have any _such_ power except by
grant from those human beings themselves. That is the law of Texas,
settled by hundreds of decisions in Texas and America. Now, if our
American Constitution is a compact between the State of Texas--the
human beings in Texas--and the other states--the human beings in the
other states--how comes it that the mere creature of the Texans,
without power over them except from them, can, by combination with
other servant legislatures outside Texas, give to itself and to other
governments outside Texas a new power to interfere with the freedom of
the human beings in Texas?
We are rather afraid that Sheppard and those of his faith, even
assuming that our Constitution is a compact between states, have
entirely overlooked the legal fact that a government is not the State
in America. We are rather afraid that they have reverted to what
Madison called “the impious doctrine of the Old World,” namely, that
the government is the State and the human beings are its asset and its
property. We are rather afraid that they agreed with the concept of
Louis of France, expressed in his famous “I am the State.”
On no other basis can we explain their complete ignorance of the one
important factor in the Tenth Amendment and the Fifth Article, “the
people” of America, who, assembled in their “conventions,” as mentioned
in the Fifth Article, are the citizens of America and compose the State
or Nation of America.
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