Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
“We submit that the conception involved in the bill of complaint, that
an amendment duly submitted by Congress on the vote of two thirds of
each House, and duly ratified by the legislatures of three fourths
of the States, is still subject to judicial review, and may be held
for naught through judicial action by virtue of a process of implied
restrictions upon the amending power--restrictions which thus set up by
judicial decree would be unalterable by any constitutional process--is
a conception of the most extravagant character and opposed to the
fundamental principles of our government. No principle of judicial
action can possibly be invoked for sustaining such an authority. The
propriety and advisability of amendments, which are not prohibited by
the express exceptions in Article V, are necessarily confided to those
through whose action the amendments are to be made.”
We are quite accustomed to have men like Anderson maintain that
governments of state citizens have outlawed _for the citizens of
America_ a traffic which Madison hoped would take deep root everywhere
in America, a rightful traffic by human beings “so recognized by the
usages of the commercial world, the laws of Congress, and the decisions
of courts.” (Leisy v. Harden, 135 _U.S._ 100.)
When Americans were fighting on the battlefields of the Revolution for
human liberty, Walter Butler stirred up the House of the Six Nations to
make a home attack. It was natural, therefore, when Americans in 1918
were fighting on the battlefields of Europe for human liberty, that
Anderson and men of his type should stir up the Houses of thirty-six
nations to make a similar home attack. Americans will probably always
have Butlers and Andersons to stir up home attacks, when Americans are
away on the battlefields.
But it is a grave matter when one who has sat on the Bench of the
Supreme Court later contends that the Court has no ability even to
review an attempted effort of the legislatures of state citizens to
command the citizens of America on a matter not enumerated in the First
Article.
From the “conventions” of the early American citizens, we bring the
knowledge that it is the bounden duty of the Supreme Court to determine
that the governments of state citizens have no power whatever to
interfere with the individual freedom of American citizens in any
matter whatsoever. From those “conventions,” we bring the certain
knowledge that the main purpose of the establishment of the Supreme
Court, as one department of the only and limited government of American
citizens, was that the Supreme Court might protect every individual
liberty of the American citizen from usurpation of power by all
governments in America.
Public-domain text, read in full here on John Shaqi.
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