Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
we average Americans now know, that, only _if_ such mention _were_
stricken from that Fifth Article, could any future possible claim
be made that legislative governments have ability to exercise or to
grant undelegated power to interfere with individual freedom. With the
important object in mind, that he secure _some_ foundation for such
claim in the future, he made his motion to strike that mention of our
exclusive power from that Fifth Article. As we average Americans know,
his effort to have a convention even propose such a Fifth Article to “a
people better acquainted with the science of government than any other
people in the world” was beaten by the decisive vote of 10 to 1.
The proposal of the Eighteenth Amendment by government to government
was the attempt of our servant American government to reverse the
result of that vote of September 15, 1787. The action of the state
legislative governments in America upon that proposed Eighteenth
Amendment was an action depending _entirely_ for its validity upon a
recount of that vote and the assumption that the convention did strike
out that mention of our exclusive power to make national Articles and
that the Fifth Article went to the American people and was made by
them _without that mention in it_. For which very obvious reasons, we
average Americans do not understand how the fact, to which Ashurst made
brief allusion on July 30, 1917, was not the basis of every attack made
in the Supreme Court by many of the most renowned “constitutional”
lawyers in America, when they did assail the validity of that
Eighteenth Amendment.
It is difficult to pick out the one most remarkable thing in the
complete story of the last five years. Yet we are inclined to believe
that, from a certain point of view, the one most remarkable thing
is the absolute failure of even one of those renowned lawyers to
appreciate or know or mention the fact and its _decisive_ effect
upon the alleged validity of the Amendment they challenged, the fact
that the Fifth Article does name two future makers of Articles, the
governments which could and did make the federal Articles of 1781,
but which neither could nor did make the First Article of 1787 or the
Eighteenth Amendment of 1917, and the citizens of America, who could
and did make the First Article of 1787 and who alone can make but have
not made the Eighteenth Amendment.
Public-domain text, read in full here on John Shaqi.
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