Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The question thus presented is, we think, of great importance, _but
not of much difficulty_. The Constitution was ordained and established
by the people of the United States for themselves, for their own
government, and not for the government of the individual states. Each
state established a constitution for itself, and in that constitution
provided such limitations and restrictions on the powers of its
particular government as its judgment dictated. The people of the
_United States_ framed _such_ a government for the United States as
_they_ supposed best adapted to _their_ situation, and best calculated
to promote _their_ interests. The powers _they_ conferred on this
government were to be exercised by _itself;_ and the limitations on
power, if expressed in general terms, are naturally, and, we think,
necessarily, applicable to the _government created by the instrument._
They are limitations of power _granted in the instrument itself;_ not
of distinct governments, framed by different persons and for different
purposes.
The decision settled that the entire Constitution vested in the state
governments not a single power to interfere with individual freedom
in any respect. The decision is based on that one fact. The fact and
decision expose the absurdity of the thought that the Fifth Article is
a “_grant_” of any _such_ power to the state governments, much less a
grant of _every_ such power to those governments. This absurd thought,
however, is the assumption on which every advocate of the Eighteenth
Amendment based his argument in March, 1920: and it is the assumption
upon which wholly depends the existence of the Amendment.
Public-domain text, read in full here on John Shaqi.
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