Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The clear tribute to the unrepealed Statute of ’76 excuses, while it
does not explain, the error of the allusion to Magna Charta. Graduate
students of the history of the advance of Americans from subjects to
free men, we average citizens grasp the error of the statement, “in
this regard [that neither can ever be revoked] the Statute of ’76 ranks
with the Magna Charta.” We know that the Statute _was_ the revocation
of the basic doctrine on which Magna Charta rested. Magna Charta was
the grant of privilege from an omnipotent government to its subjects.
All that subjects ever have are the revocable privileges granted by
the master government. The Statute of ’76 states the basic American
law that there are no subjects in America, that the human members of
any political society or state or nation, except as they directly
grant power over some of their human rights to secure enjoyment of the
rest, need obey the command of no one except Him who gave them their
human rights. In a free nation, such as the earlier Americans made of
themselves, no man has any privileges _granted_ by a master government.
In a free nation, citizens or members of the society (and the supreme
will therein) have their servant governments to which those citizens
give whatever _national_ powers those governments ever have. Except
for the grants of _such_ power which those citizens so make, the human
beings retain, not as a gift or privilege of government but as the gift
of Him Who created them, all human freedom of action. As _citizens_,
they also possess the particular privileges which arise from membership
in that particular society of men; but even those privileges are not
the gift of government but the creation and effect of the society
itself, just as every power of the government is also the gift of the
society.
We pardon the error of the reference to Magna Charta, however, when
we read on in the brief and find it immediately quoting from our
Statute: “We hold these truths to be self-evident, that all men are
created equal; that they are endowed by their Creator with certain
unalienable Rights; that among these are Life, Liberty and the pursuit
of Happiness. That to secure these Rights, Governments are instituted
among men, deriving their just powers from the consent of the Governed.
That whenever any Form of Government becomes destructive of these ends,
it is the Right of the _People_ to alter or to abolish it, and to
institute new Government, laying its foundation on such principles and
organizing its powers on such form, as to _them_ shall seem most likely
to effect _their_ Safety and Happiness.”
Public-domain text, read in full here on John Shaqi.
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