Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When we remember the doctrine of this briefer, that there _is_ a limit
to the right of our _supreme_ legislature to prohibit what a candidate
for Senator may do, and compare it with this new Tory concept that
three fourths of the _inferior_ state governments can validly interfere
with every personal liberty of ourselves, we have one or two questions
to ask the briefer. Is it his thought that the supposed citizens of
America made their Constitution with the sole intent that the personal
rights of candidates for Senators should be secure and that the number
of Senators from each state should remain the same? Is it his thought
that the American citizens, from whose “conventions” we have just
come, having settled these amazingly important things about Senators,
then voluntarily granted omnipotence over every individual freedom
in America to a fractional part of the inferior state governments,
twenty-four of whom he represented in the litigation of 1920? Is it
his thought that the whole American people have two governments, one
the government of enumerated powers constituted in the First Article
and the other the government of unlimited power constituted in the
Fifth Article? Is it his thought that his inferior state governments,
although all members of all the state governments collectively could
not enact a statute interfering in the slightest degree with the
American citizen, can issue any command whatever to the American
citizen, and that the citizens of America must obey that command so
long as the state governments call it an Amendment of the American
Constitution?
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