Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It is our own certain knowledge that, when governments issue any
command to the citizens of America and the command interferes with
individual freedom, the maker of the command must show the grant of
power to make that particular command. It is the Alpha and Omega of
American law that no government has any just power to make any command
to the citizens of America, except in a matter on which those citizens
themselves have given that government the power to make that particular
command. It is in the primer of American constitutional law, that there
is no government _of the citizens of America_, except the government at
Washington, and that it has no power to command the American citizen,
interfering with his individual freedom, _except_ in the matters named
in the First Article. It is admitted by all, even by the writer of
that brief and his colleagues, that the power to make the command which
is the First Section of the Eighteenth Amendment, is not enumerated in
that First Article. When, therefore, this counsel for twenty-four of
the governments which made that command tells us that, after his client
governments (at the suggestion of our government which could not make
the command) have passed upon the propriety and advisability of the
command, we cannot have the Supreme Court even consider the ability of
his client governments to make the command, our indignation is mingled
with our mirth.
Our indignation need not be explained. Our mirth comes when we think of
our needless fear that something might have happened between 1907 and
1917 by which we became “subjects” instead of the citizens we had been.
Throughout our education we have always known that, _if_ the Eighteenth
Amendment (a NATIONAL article made entirely by GOVERNMENTS) is in the
Constitution, we are “subjects.” We have known that no legislative
governments, before 1787 _and after_ 1776, could have made this general
command to the citizens of America, _because_, during those eleven
years, there was no citizen of America and there were no governments
in the world who could make any _general_ command to the American
people, interfering with their individual freedom on any subject. We
have known, with certainty, that, if the Americans in the “conventions”
(where we have sat) knew what they were doing and the Supreme Court,
for a century, has known what they did, there were no governments in
the world, up to the year 1907, who could make that command _to the
American citizens_. We have gone everywhere to find what happened,
between 1907 and 1917, to change the American citizens into “subjects”
of the governments for whom this counsel appears. Now, after the
fruitless search elsewhere, we are reading his brief to find out what
did happen between 1907 and 1917. His plain answer, as we have already
sensed, is--“NOTHING.”
Public-domain text, read in full here on John Shaqi.
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