Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In this Statute, the American people clearly stated and definitely
settled for all time the basic legal principle on which rests the
validity of every constitutional article or statute law, which either
directly interferes or vests ability in governments to interfere with
an American in the exercise of his human freedom. There is nothing
vague or ambiguous in their statement. The legal principle, so clearly
stated and so definitely settled, is that no government in America can
have any just power of direct interference with individual freedom
unless such power be derived by direct grant from the Americans to be
governed by the exercise of that power.
That Statute has never been repealed. The Americans of that generation,
throughout all the momentous political battles of the next thirteen
years, when they were making and unmaking nations and creating a
federation of nations, and later subordinating it to a union of
human beings, never failed to obey that Statute and to act in strict
conformity to its basic American principle.
From the moment when that Statute was enacted by the supreme will
in America, every American ceased forever to be a “subject” of any
government or governments in the world. It was not until 1917 that any
government or governments dared to act as if the American were still a
“subject.”
In that summer of 1776, as the Americans were engaged with their
former Government in a bitter and protracted war, they had little
time or thought to give, as one people, to the constitution of a
government best designed to secure to themselves the utmost possible
measure of protected enjoyment of individual human freedom. In their
rebellion, they had delegated the management of their common interests
to a committee of deputies from each former colony, which committee
was called the Congress. By the declared supreme will of the whole
American people, the Americans in each former colony now constituted
an independent nation, whose human members were now the “citizens” of
that nation. Under the declared basic American legal principle, it was
imperative that any government should get its every valid power from
its own citizens. Knowing this, the Congress, almost immediately after
the Declaration of July, made the formal suggestion to the citizens
in each nation that they constitute a government for themselves and
that they grant to such government ability to interfere with their
own human freedom in such matters and to such extent as they deemed
wise. The manner in which the citizens of each nation acted upon this
suggestion should have stamped itself so irrevocably upon the mind of
America as never to have been forgotten by any later generation of
Americans. The citizens of those nations were of the “people who were
better acquainted with the science of government than any other people
in the world.” In each nation they were creating the very essence of
security for a free people, namely, a government with limited ability
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