Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It has been our custom, as average American citizens, to rely upon
our leaders to know and urge, at the proper time and place, our
protection under our American Constitution. We have seen the danger
of such reliance in the record of our Congress of 1917. As many of
our leaders are most renowned lawyers, the danger of that reliance is
emphasized, if the briefs of those leaders and lawyers in 1920 disclose
that they did not and do not know all these legal facts which are so
clear and also so essential to our protection as American citizens.
That we may ascertain whether these briefs do disclose this ignorance
and do emphasize the danger of such reliance, we must later examine
the briefs themselves. But, that we may come to such an examination,
properly prepared, it is necessary that we should know the nature of
the litigations before the Court and what were the arguments against
validity upon which the Court was asked to pass. In no other way, can
we acquire our own knowledge that the Supreme Court has yet to hear
and consider the real challenge to the supposed new Article in which
governments attempt to exercise ungranted power and to grant new power
to interfere with the individual freedom of the American citizen. As we
well know, that one real challenge is that the new Article was not made
by those who alone _can_ make it, that it was not made as it _can_ be
CONSTITUTIONALLY made, by the makers _of that kind of Article_ named
in the Fifth Article, the “conventions” of the Seventh _and the Fifth_
Articles, the “We, the people” of the Preamble and “the people” of the
Tenth Amendment.
CHAPTER XXIII
THE CHALLENGES THAT FAILED
The validity of the Eighteenth Amendment (seven litigations being heard
together) was argued on March 8, 1920, and for several days thereafter.
As we are not concerned with the meaning of the second section of the
Amendment or with the validity of the Volstead Act (passed by Congress
under the grant of said section) except as the validity of the Act
depends upon the validity of the Amendment, we shall make no mention of
either.
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