Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
There is, however, this comfort. If, _because_ the counsel in
opposition to the new Amendment do not know and urge our legal
protection against any new constitution of _national_ government except
by ourselves, the citizens of America, the “conventions” of the Fifth
Article, and if, _because_ of such ignorance on the part of counsel,
the Court should not be called upon either to consider or pass upon
our protection, no decision of the Court will be intended to have--as
no decision of the Court could have--any effect upon our protection.
If counsel fail to bring before the Court the legal facts which
demonstrate that the new Amendment is not in the Constitution unless
we Americans are “subjects,” our day in Court is merely postponed.
And when that day shall come, when that Court is addressed by counsel
who do represent the citizens of America and who accurately know the
constitutional protection which we have for all our rights, there is
not the slightest danger that the Court, established and maintained
by us for the sole purpose of protecting our individual rights against
usurpation by government, will decide that we are subjects and that
governments can create new government power to interfere with the
freedom of the individual American citizen.
Meanwhile, let us examine the briefs of March, 1920. In them, despite
our regret that not one of them was written in our behalf, it may be
possible, it ought to be a certainty, that we will hear something about
the “when” and the “how,” _after_ 1907, we are supposed to have lost
our status as free men and citizens of America.
CHAPTER XXI
BRIEFS IGNORE THE AMERICAN CITIZEN
There is one man whose skill as an artist could do justice to the
atmosphere in which all the briefs of that March must have been
written. Unfortunately, the reports of the death of that man are no
longer greatly exaggerated. It is unfortunate that the man who pictured
the sensations of a Yankee in King Arthur’s Court could not have lived
to reverse the feat. Only his genius could picture one of the Americans
of 1790 living in the atmosphere of the briefs of 1920 _for_ the new
Amendment and learning therein that the Americans of his own day never
became citizens of America. Only the unique word-artist, who defined
a cauliflower as a cabbage with a college education, could adequately
state the startling fact that not one of the briefers knew that all
were assembled in the court room of March, 1920, seriously to debate
whether the Americans in 1788 voluntarily surrendered their status
as free men and, repealing their Statute of ’76, declared themselves
and their posterity subject to a legislative government superior to
what they called their supreme legislature, a legislative government
“invested with power to legislate for us in all cases whatsoever.”
Public-domain text, read in full here on John Shaqi.
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