Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
So far as history tells the tale, in the legislatures of the states,
that legal necessity was “known and acknowledged” by none. There were
many therein, as there were many in the later court litigations, who
opposed the making on the ground of its unwisdom. There were also many,
again as in the later litigations, who contended that there should be
no interference with the freedom of American citizens, as such, except
on the matters enumerated in the First Article. But, neither in our own
American legislature nor in these state legislatures, as in the later
litigations, was there one who knew the only legal and maintainable
ground for that belief, the legal fact, as the Philadelphia Convention
found it, that only the American people could validly grant government
power to interfere with their individual freedom, and the legal fact
that the American people, constituting their government, kept the legal
situation, in that respect, exactly as the Philadelphia Convention
found it, by the most important factors in the Tenth Amendment and the
Fifth Article.
The amazing haste with which the ratifying legislatures exercised, for
the first time in America, this imaginary power to interfere with the
individual freedom of the American citizens is a matter of history. The
manner in which that legislative exercise of imaginary government power
over subjects was secured in many states is something with which we are
all familiar. We desire, however, to emulate the example set by Madison
and Hamilton in _The Federalist_, so far as judgment can restrain the
honest indignation of citizens, when government undertakes to make
them “subjects.” Therefore we leave it entirely to those who uphold
the validity of the supposed new Amendment to substitute irrelevant
matter, mostly personal abuse that is harmless in view of its source,
for the sound legal arguments in support of validity, which they can
never find until the Statute of ’76 is repealed and our constitutions
of government are so changed that we cease to be citizens and become
the subjects our ancestors were in 1775.
For those who would like to look upon all American governments as
model exemplars of American respect for American law and American
constitutions, the date of the proposal in December, 1917, and the
quickness of ratification and the manner in which ratification was
largely secured, are all matters most unpleasant to contemplate. Even
now the most sincere advocate of the new Amendment never speaks of
it without unwittingly showing his chagrin at the general knowledge
that it _was_ proposed and passed by governments when millions of the
citizens of those governments were fighting and were armed to fight for
human liberty, and that even governments would never have dared to pass
it except at that particular time.
Public-domain text, read in full here on John Shaqi.
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