Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
As this fact has been the basis of many errors in that comedy and
tragedy of errors, which is the five-year tale of the Eighteenth
Amendment, we average Americans may well dwell for a moment upon the
certainty of that fact. It is the natural mistake of those, who have
the Tory concept of the relation of men to government, that they should
first confuse the meaning of the words “privilege of a citizen” with
the words “privilege of a subject” and thus believe that the nature of
both privileges, and the source of each are the same. That mistake is
but the echo of the error which confuses the nature of Magna Charta
with that of the Statute of ’76. Magna Charta is the declaration of
certain privileges which government will permit its subjects to keep as
long as the government pleases. The Statute of ’76 is the declaration
that destroys the relation of government to subjects, creates the
relation of citizens to their servant governments, and states that the
servants shall have no power to interfere with the human rights of
the masters, given by their Creator, except such power as the masters
choose to give, and that the servants shall keep that power only so
long as the masters will. To the Tory concept, always concentrated
on the relation of subject to master government, it is difficult of
apprehension that the human being is born with the right to use his
human freedom as he himself wills, so long as he does not interfere
with the similar exercise of human freedom by the rest of us human
beings. If men, in the exercise of their free will, would always obey
the defined law of Him who created them, the exercise of human freedom
by one individual would never interfere with the exercise of human
freedom by all other individuals, and no human government need ever be
constituted.
Among the human rights of Americans, as of all human beings, when
they come into the world, is the human right to do everything which
is forbidden in the first section of the Eighteenth Amendment. It is
true, as we frequently hear stated, that the Supreme Court has decided
that the right to do any of those things is not the “privilege” of
American citizens or of the citizens of any state. It is also equally
true, although the Supreme Court has never been called upon to
decide that very obvious fact, that the right to breathe is not the
“privilege” of an American citizen or of the citizen of a state. Both
rights are among the rights of human beings, _as such_, and they are
each of them among the rights of themselves, which we, “the people”
of America, established and ordained our Constitution to secure. When
we established that Constitution for that purpose, we admittedly gave
our only American government no power to make the command of the first
section of the Eighteenth Amendment. That is why the governments of
_other_ citizens were asked to make the command to ourselves, the
citizens of America.
Public-domain text, read in full here on John Shaqi.
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