Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In the same M’Culloch v. Maryland, Marshall pays a tribute to an
accurate knowledge, which we have acquired in our education with
the early Americans. It is the knowledge that everything in the
Constitution denies any ability in even all the states _as such_, or
in all the state governments, each of which is never anything but a
government of the citizens of _one_ state and _their_ attorney in fact
as _state_ citizens, to alter in any way the NATIONAL part of _our_
Constitution (which Constitution is both _national_ and _federal_)
because the NATIONAL part relates to direct interference with the
individual freedom of the _American_ citizens. This is his tribute to
the truth of the knowledge which we have acquired. He says that there
is “a principle which so entirely pervades the Constitution, is so
intermixed with the materials which compose it, so interwoven with its
web, so blended with its texture, as to be incapable of being separated
from it without rending it into shreds. This great principle is, that
the Constitution and the laws made in pursuance thereof are supreme;
that they control the Constitution and laws of the respective states
and cannot be controlled by them.”
And so we average Americans find naught but encouragement in the brief
of Hughes. From its quotations, from its every statement, we learn that
we have known all the facts, before we read it, and that we are free
citizens and not “subjects.” In that brief of the champion of champions
of the governments that “made” the new NATIONAL Article, we learn that
there are no new facts on which to base the claim that we, the whole
people of America, have another government besides the government
of enumerated powers, the claim that we are “subjects” and that our
new omnipotent Parliament wears the aspect of thirty-six inferior
governments, each elected by the citizens of a nation which is not
America.
In the brief of this champion, we find no pretense that there is
any support for this weird claim. On the contrary we find the whole
claim depending entirely upon the sheer assumption--asserted as if
to state it was to state an axiom--that the Fifth Article _is_ a
“grant,” wherein the “conventions” grant _to the grantors_ and to the
state governments ability to exercise omnipotence over the American
citizens, ability to interfere with their individual freedom, in any
matter whatsoever.
Public-domain text, read in full here on John Shaqi.
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