Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
As the Supreme Court has definitely settled, the Tenth Amendment
merely declares what was in that original proposed Constitution.
Therefore the Constitution gave no new government ability anywhere
except to the government at Washington. It gave to that government only
specific ability to govern human beings, in certain matters. It merely
_reserved_ to _each_ state government some of its former ability to
govern its own citizens. It gave neither to any state government nor
to all state governments collectively any new ability to govern. And
it reserved to the American people themselves all ability to exercise
or to grant any _national_ power to interfere with the freedom of
American citizens except those enumerated powers in the First Article.
The Supreme Court has definitely settled that this reservation of such
power exclusively to themselves, by the makers of the Fifth Article, is
the most important factor in our constitutional distribution of that
kind of power among our American government, our state governments
and, most important of all, ourselves, the citizens of America. For
which reason, until this generation, it has always been axiomatic that
the mention of that exclusive ability of our own, “conventions” of
_Americans_ in their respective states, is the most important factor in
the Fifth Article.
In strict conformity with the Statute of ’76 and without usurping
the reserved powers of the most important factor in both the Tenth
Amendment and the Fifth Article, seventeen _federal_ changes were made,
between 1789 and 1917, in the _federal_ part of our Constitution, which
is both a _federal_ and a _national_ Constitution. The situation in
1917 was exactly the same as it had been since July 4, 1776, when it
was known even to the humble townsmen of Concord that governments could
not make _national_ Articles in American constitutions. Or rather, the
situation in 1917 was the same _unless_, somewhere prior to 1917, the
Statute of ’76 had been repealed and the most important factor in both
Articles had been eliminated from the Fifth Article and Tenth Amendment
of the American Constitution, which is the security of the American
citizen against usurpation of power even by governments in America.
We know that Gerry moved to strike that important factor from the Fifth
Article in September, 1789, and that he failed in his effort. We know
that Webb and the legislative advocates of the new Eighteenth Amendment
had a Fifth Article in which that most important factor was not
present. Apparently they based their government proposal and government
ratification of the Eighteenth Amendment upon a Fifth Article which did
not contain that most important factor, the reference of the makers of
the Fifth Article to themselves as the makers of all future Articles
of a _national_ kind, the reference of those makers to themselves in
the words “conventions” of the American people, assembled in their
respective states.
Public-domain text, read in full here on John Shaqi.
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