Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In each nation the citizens constituted a legislature to be their
only attorney in fact for the purpose of making valid laws. In this
legislative department they did not vest enumerated powers to interfere
with individual freedom. But in it they did vest whatever ability
_of that kind_, under the American doctrine of human liberty, they
thought a government of free men or citizens ought to have. They did
not, however, grant unlimited ability to make laws interfering with
individual freedom. When constituting their government they named many
matters in which no laws could be made, such as laws abridging the
right of free speech, laws suspending the privilege of habeas corpus,
etc. Outside these named matters, they granted law-making ability _of
that kind_ to whatever extent American principles of human liberty
determined a government ought to have. The extent of that ability, so
to be determined, they left to the legislature to ascertain in the
first instance. But to the judicial department they gave the right
finally to ascertain and decide whether, in any particular law, the
legislative department had exceeded its granted ability.
In living again the education days of the Americans, who later created
and constituted the republican nation which is America, we have come
now to the close of the eventful year 1776. We find ourselves, at that
time, viewing this status of the American human being and his relation
to all governments.
With his fellow Americans, he has declared that they are not the
subjects of any government or governments in the world. With his
fellow Americans, on many battlefields, he is fighting their former
Government, which still claims that they are its subjects. If he is
a Virginian, he and his fellow Virginians, with the consent of their
fellow Americans, have constituted themselves a free and independent
nation of human beings and have given to _their_ law-making attorney
in fact, the legislature of Virginia, some ability to make laws in
restraint of the individual freedom of Virginians, in such matter and
to such extent, as the citizens of Virginia have deemed wise. In each
of the other twelve nations the situation is the same. In no nation,
in America, has any government servant and attorney in fact of the
people any ability whatever to interfere with human freedom in any
matter or to any extent, except such ability of that kind as has been
given to that government by direct grant from its citizens. Nowhere, in
America, has _any_ government _any_ power whatever, in _any_ matter or
to _any_ extent, to make a valid command restraining the human freedom
of the individual _American_ as an American. All Americans are fighting
throughout America with the armies of the only government in the world
which claims such ability. All Americans everywhere are determined to
win that war and keep it the basic law of America that no government
ever _shall_ have ability _of that kind_ unless the whole American
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