Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Because of this monumental error, every brief against the Amendment
asserts that the state legislatures are attorneys in fact for the
citizens of America but insists that the Fifth Article (the assumed
power of attorney in a Constitution which expressly declares that
_no_ power is given to the state legislatures) grants to the state
legislatures (as well as to the “grantors” themselves) only _limited_
ability on behalf of the principal, the citizens of America. On this
altogether unique argument, it is contended that the limited power
of attorney does not confer ability to make an Amendment like the
Eighteenth.
Because all briefs make the same monumental error, there is no
challenge on the ground that the state legislatures, not a member
of which is elected by the citizens of America, hold _no_ power of
attorney from the citizens of America to interfere in any way, in any
matter, with the individual freedom of the American citizens. Because
all briefs against the Amendment make the same monumental error,
the fourth challenge (which _was_ made and considered by the Court)
is based upon the heretical doctrine--the heresy being clear from
what we have heard in the “conventions” where we sat--that the Fifth
Article does not mention a CONSTITUTIONAL mode in which the citizens
of America, again assembled in their “conventions,” can take back from
their American government any enumerated power of the First Article
which they find oppressive to their individual rights and freedom.
And, perhaps most amazing and amusing fact of all, because all briefs
make the same monumental error, the briefs _for_ the Amendment make
no effort to support and the briefs _against_ the Amendment make no
attempt to challenge the clear paradox, on which the Eighteenth
Amendment depends for its existence, that there never has been a
citizen of America if it be true that the Fifth Article makes the state
governments the attorneys in fact _for_ the citizens of America with
_unlimited_ ability to interfere with the individual freedom of the
citizens of America. Where such unlimited ability _is_ in government,
men are not “citizens” but “subjects.”
But we ourselves come from the “conventions” where the Americans
knew that they entered as free men and left as citizens of America,
not as “subjects” of any governments. Therefore, we need no lawyer
to tell us--and no lawyer can deny our knowledge--that, if the state
governments are the attorneys in fact for the American citizens and
have ability either to interfere with or to grant power to interfere
with the individual liberty of the American citizens, or, if _any_
governments can interfere with that liberty on a matter not enumerated
in the First Article, there never were American citizens and the
early Americans entered their “conventions” free men but left those
“conventions” as “subjects” of an omnipotent government.
CHAPTER XXIV
GOVERNMENTS CLAIM AMERICANS AS SUBJECTS
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