Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
4. The prohibition of the manufacture, sale, transportation,
importation and exportation of intoxicating liquors for beverage
purposes, as embodied in the Eighteenth Amendment, is within the
power to amend _reserved_ by Article V of the Constitution. (National
Prohibition Cases, 253, _U. S._ 350, 384.)
We are not interested in the first two propositions which the Court
negatived. They were that the Congress resolution should have _said_
that two thirds of Congress deemed it necessary to propose the
Amendment and that the proposals should have been made by two thirds of
the entire membership of the House instead of two thirds of a quorum in
each House. These are trifling and unimportant matters when over one
hundred million Americans seek to learn when they ceased to be citizens
of America and became absolute “subjects” of governments in America.
The third proposition negatived has naught to do with ourselves, the
citizens _of America_. It deals only with the rights of some _state_
citizens _as such_, where their _state_ constitution has a referendum
provision. For our protection against usurpation by any government
of our own reserved rights or powers, we look to our own _American_
Constitution. We have lived through its making with the Americans who
made it to secure individual liberty of themselves and their posterity,
ourselves, the citizens of America.
The clear statement of simple fact, expressed in the Court’s fourth
conclusion, tells us something, which, with Madison, we have known
since he wrote and suggested his Fifth Article, at Philadelphia, on
September 10, 1787. Our stay in the “conventions,” which made the
Fifth Article, has taught us that the Americans in them, even Henry
and the opponents of the Constitution, were fully aware of the fact
that the Fifth Article provided the CONSTITUTIONAL mode in which the
“conventions” could thereafter exercise the existing omnipotence of
the citizens of America themselves to make any kind of an Article of
government. The same stay fixed firmly in our minds that every one in
them knew that the Fifth Article is not a grant of any ability from
themselves to themselves, from the “conventions” named in the Seventh
Article to the same “conventions” named in the Fifth Article, all being
the “conventions” of the American citizens assembled to exercise their
own omnipotence.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account