Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Because we have lived through the experience of the Americans to whom
the tribute was paid, we know the distinction between a constitution
of _national_ government, “unalterable by government,” and Articles
constituting government of political entities or states, alterable by
the states or the legislatures of the states. Moreover, by reason of
our experience, we sense the clear recognition of the distinction in
the Fifth Article distinct mention of the people or “conventions,”
as _sole_ makers of _national_ Articles, and the similar mention of
the “legislatures” as competent makers of _federal_ Articles. To our
regret, we have found that our Congress, in 1917, knew naught of the
distinction and naught of its recognition in the language of the Tenth
Amendment and the Fifth Article. It is with relief, therefore, that we
turn to the great litigations in the Supreme Court of 1920, in which
the lawyers of the America, where the important distinction was _once_
so clearly known, attacked and defended the proposal from the Congress
of 1917 and the action of the state legislatures on that proposal.
Fresh from the utter legislative ignorance of that distinction, it is
with relief that, in our first glance at the briefs of those lawyers,
we find what seems the clear echo of the accurate knowledge we have
acquired in the company of those earlier Americans.
“There is only one great muniment of our liberty which can never be
amended, revoked or withdrawn--the Declaration of Independence. In this
regard, it ranks with the Magna Charta.”
Public-domain text, read in full here on John Shaqi.
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