Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
An unusual method had been adopted for the hearing of what were later
reported under the one title the “National Prohibition Cases,” 253
_U.S._ 350. In that hearing, which continued for days, seven different
litigations were argued because all dealt either with the validity of
the Eighteenth Amendment or with the meaning of its remarkable second
section or with the statute enacted under that section and known as
the Volstead Act. For the same reason, the briefs on both sides of
the various litigations were clearly the result of conference and
collaboration. Nearly all of the briefs, challenging the new Article,
made their challenge on the same two main points and in the expression
of those two challenges, made constant reference to the different
expression thereof in the other briefs.
In the litigation and argument of that March, appeared many of the
best known lawyers in America. Among them were distinguished counsel,
appearing on behalf of those legislative governments who claim and, in
the new Article, have attempted to exercise the omnipotent supremacy
over the citizens of America which was denied by the people of America
to the British Parliament. Among them were other distinguished
counsel, appearing on behalf of what had always been known as the
supreme legislative government in America, _our government_ with
its _enumerated_ powers and without omnipotence over us. Among them
were still other distinguished counsel, appearing on behalf of some
separate states or political entities to contend that there existed
no _constitutional_ ability anywhere, even in ourselves, to take
from their particular state any more of its sovereignty than it had
surrendered in those early days when the states made the Constitution,
as Sheppard claimed in the Congress of 1917. Among them were still
other distinguished counsel, some of them the most distinguished of
all, appearing to oppose, as best they knew how, the total destruction
of all _legitimate_ industry in a business in which it was the _human_
right of Americans to engage even before Americans wrote their Statute
of ’76 and consequently not a privilege of the citizen of America or
the citizen of any state.
Public-domain text, read in full here on John Shaqi.
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