Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When, therefore, we read the Fifth Article, made by him and his fellow
Americans in those “conventions,” we recognize at once and we will
never forget or ignore _their_ mention of _themselves_, in the very
word by which he and they then described _themselves_, “conventions” in
their respective states.
In making the Eighteenth Amendment grant of power to interfere with
American freedom, we--the American citizens and “conventions” of this
generation--have been ignored as completely as if we were not named in
the Fifth Article.
We have been trying to ascertain “when” and “how” the American human
beings, now ourselves, ceased to be “citizens of America” and again
became “subjects” of governments. We have gone to the record of our
Congress on those days in 1917, in which it acted on the assumption
that the “when” and “how” were already history. We have found no
Senator or Congressman who vouchsafed any information or displayed any
knowledge of this matter, so vitally important to us who were born
citizens and free men. We have seen the leader of the House advocates
of the new constitution of government, the Eighteenth Amendment,
read a Fifth Article in which the “conventions” of those who made it
and the First Article are not mentioned. We have seen the leader of
the same advocates in the Senate complacently assert the repudiated
thought that the states made the First Article, our constitution of
_our_ government. We have seen him follow up this error with the Tory
mistake of assuming that the government of the state is the state. We
have seen him point out, to our American amazement, the remarkable
and hitherto unknown fact, never mentioned by the people who made the
Fifth Article, that the state governments are the only tribunal in
which our _national_ constitution of government can be changed, that
those governments are a tribunal in which new enumerated power can be
given by government to government to interfere with our own individual
freedom.
Fresh from our education with the Americans who made that Fifth
Article in “conventions” of the very kind mentioned therein, we see
that those legislators of 1917 know naught of American history or law
or constitution of government of men, that from them we cannot learn
“when” or “how” we ceased to be “citizens” and became “subjects.” But,
there assembled in the Supreme Court in March, 1920, many renowned
“constitutional” lawyers. Some came to challenge, some to uphold the
new Amendment, the new government-made constitution of government right
to interfere with individual human freedom.
To the reading of all their briefs and arguments we bring our knowledge
that the new Amendment never entered our Constitution _unless_ we were
“subjects” before 1917 or _unless_ the new Amendment was itself a
revolution (by government against citizens) which made us “subjects.”
Public-domain text, read in full here on John Shaqi.
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