Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
If we still are citizens, as once undoubtedly we were, the new Article
_cannot_ be in _our_ Constitution, because we have not made the new
Article, assembled in our “conventions.”
Where men are citizens, _governments_ cannot exercise ungranted power
or create new power to interfere with individual liberty.
In a nation of free men, established by former “subjects” with a
dominant purpose that no American should ever be the “subject” of
any governments, it is amazing that one government should propose
that _governments_ constitute, and it is amazing that forty-six
_governments_ should attempt to constitute, new government of men--new
government power to interfere with individual human freedom.
But most amazing of all, in a nation with the history of America, is
the fact that, when audacious government had so proposed and audacious
governments had so attempted, the prolonged arguments and voluminous
briefs of fifty-seven leading members of the American Bar never
once knew or stated the simple fact which made the proposal and the
attempt a legal and constitutional absurdity. The fact itself, the
one most important legal fact in America, was once known and “felt
and acknowledged by all” Americans. Yet, not once in any brief in the
National Prohibition Cases, was it either known or urged that the
“conventions” of the Fifth Article are the “conventions” of the Seventh
Article and that both are the whole American “people” of the Preamble
and the Tenth Amendment and that, therefore, the Constitution expressly
_reserves_ to the “conventions” _of the Fifth Article_, the citizens
of America, their existing and exclusive ability to create new
government power to interfere with their own individual human liberty.
Public-domain text, read in full here on John Shaqi.
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