Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We average Americans, therefore, come to the courtroom of 1920
with some knowledge that is a mathematical certainty. We know that
everything done at Philadelphia by the “conventions” named in the
Seventh Article was done with one dominant purpose--the security of
individual human freedom. We know that, at Philadelphia and in those
“conventions,” the old states and their governments, the _federal_
government and its continuation in the new Constitution, the new
nation and its Constitution and its government were only important as
the American citizens considered that each or all would contribute to
the security of American _individual_ freedom. We know that, only in
rare instances, such as that of Gerry, did a Tory mental attitude lead
a man into the error (for any American after ’76) of thinking that
political entities (such as states or nations or their governments)
have the slightest importance except in so far as they contribute to
the individual freedom of the citizens who create them and _must_
control them, if an American is to remain a citizen. We know that
every American, in those “conventions,” discussed and voted upon
every mention of these political entities, with insistent realization
that nothing anywhere in the Constitution was intended to disturb
or did disturb the legal fact that only the citizens of America,
in “conventions,” ever could say _how much national power_ the new
government should have, _how much_ each old state should be allowed
to retain over its own citizens and _how much_ the citizens of America
should reserve from all governments in America. We also know this legal
fact to have been the most important legal fact in America to the
Americans in those “conventions.” We know that it was the legal fact
whose denial by the British Parliament caused the Revolution. We know
that, from July 4, 1776, everything which the Americans did was solely
to make it impossible that any one could ever deny this legal fact in
America.
And we also know, something that has been entirely ignored since 1917,
that these “conventions” knew that the “conventions” of the Seventh and
the Fifth Articles were identically the same thing and were the most
important reservee in the Tenth Amendment, “the people” of America, in
their aggregate and collective capacity as Henry accurately put it.
With this simple and amazingly important knowledge of facts, a
knowledge acquired by our education with the Americans who made
themselves and their posterity free men instead of “subjects,” we come
to the arguments and briefs of 1920. There we expect to learn how the
opponents of the Eighteenth Amendment presented and its supporters
answered these facts. Because these facts we do know, if they are _all_
the facts, flatly deny the existence of that new _national_ Article,
made by governments alone.
Public-domain text, read in full here on John Shaqi.
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