Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Up to the last short sentence _we_ have just quoted from the decision
so familiar to us, Hughes quotes at length and without omission. Hughes
is in Court for those “state legislatures” and state sovereignties,
which Marshall’s decision finds to be legislatures and sovereignties
wholly inferior in ability to the “conventions” of the American
people, named in the Fifth and Seventh Articles by exactly the same
name--“conventions.” How does the great lawyer of 1920 find, in this
Marshall decision, support for the unique idea that these state,
governments are omnipotent over every right of the American citizens
who sit in those “conventions”? His remarkable claim is that the
state governments he represents have omnipotent ability to command
or interfere with anything in America, except one thing. It is his
claim that these governments have omnipotent ability to interfere with
the citizens of America, with the Constitution of America, with the
government of America, with anything in America, _except_ that they
cannot interfere with that one thing for which the Revolution was
fought, the Statute of ’76 enacted and the Constitution established.
In the view of Hughes, that one thing apparently is the right of every
state to have the same number of Senators. Our indignation is entirely
dispelled when we realize that he sincerely believes this nonsense. Our
mirth is merely increased when we find him quoting, at some length,
this decision of Marshall, evidently under the impression that the
decision supports the nonsense.
But, we wonder why, at the particular point which we have reached in
the Hughes quotation from Marshall, the former puts “stars” instead of
the next paragraph in the Marshall decision? Certainly, when the great
lawyer of 1920 has such faith in the omnipotence of his government
clients over us their “subjects,” it cannot be that there is anything
in the missing Marshall paragraph to disturb that faith! Yet, as we
read the missing paragraph, with which we are quite familiar, doubt
assails us. _Is_ the great lawyer of 1920 sincere or does he know that
the position of his clients in relation to the Eighteenth Amendment is
nonsense?
Public-domain text, read in full here on John Shaqi.
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