Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The Supreme Court had listened, for several days, to many clever
arguments against the new _national_ Article. The arguments had
challenged validity on the ground that the new Article infringed upon
the political freedom of some political entity, such as a state or its
government. Sometimes the arguments had challenged validity on the
ground that the new Article infringed upon the liberty of the citizens
_of some particular state_. No argument had challenged validity on the
one patent and unanswerable ground that the “conventions” of 1788 had
provided that no _national_ Article, which (like the First Article and
the Eighteenth Amendment) directly interferes with or grants power to
interfere with individual liberty of the American citizen, could ever
be CONSTITUTIONALLY made, except in the one CONSTITUTIONAL mode of
procedure, in which the _only_ competent makers of _national_ Articles
can make _such_ Articles, the “conventions in three fourths of” the
states, mentioned in the Fifth Article.
Rice of Rhode Island, one of the many prominent lawyers _against_
validity, was urging his particular argument. Ignoring the citizens
of America in the “conventions” of the Fifth Article, he claimed that
no power in America could interfere with individuals in Rhode Island,
outside the First Article matters, without the consent of Rhode Island
itself. He was interrupted by the Court. In substance, this is the
question and answer that followed: Justice Brandeis: “The court is
now fully acquainted with the nature of the arguments of the various
counsel as to why the new Article has _not_ been validly made. The
Court would like to know, In what way do counsel think that the new
Article _could_ be _constitutionally_ made?” And the answer of Rice,
undoubtedly voicing the conviction of all his colleagues, for none of
them had any other answer to volunteer, was: “_In no way._”
Public-domain text, read in full here on John Shaqi.
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