Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When this briefer made his argument for his client who had been a
candidate for Senator, he had no attack to make upon the _procedure_
in which Congress had passed the Corrupt Practices Act. When he went
to ascertain whether Congress had the power to make that command,
about “elections,” he did not look for the power in any “procedural
provisions,” which prescribe _how_ Congress should exercise its ability
to make commands.
If this briefer or any lawyer were asked, on behalf of a client,
to accept a bill of sale from an _alleged_ attorney in fact of the
owner of a cow, he would not seek, in any procedural provisions which
prescribed _how_ an attorney in fact can execute an instrument for his
principal, to find the authority of the alleged attorney to sell the
cow.
Why then, in an Article with naught but procedural provisions and two
limitations on power to make Articles, do he and all his associates
seek to find, _and assert that they do find_, grant of authority to the
inferior governments of state citizens to give away every liberty which
the citizens of America hold most dear?
CHAPTER XXV
CITIZEN OR “EIGHTEENTH AMENDMENT”?
It is our invincible knowledge that the Fifth Article is not a power
of attorney to any one to act for us, the citizens of America, in
regard to any individual right which the _American_ citizen has. In our
capacity as American citizens and in “conventions” of the very kind
named in that Fifth Article, we gave the only power of attorney, which
we have ever given to any government to act for us in making commands
to interfere with any of our individual rights. That power of attorney
is the First Article. We made it in the same “conventions.” In it, we
gave to our Congress our only power of attorney _of that kind_. In
it, with futile effort to keep modern “constitutional thinkers” from
monumental error, we said, at the very beginning of the one Article
which is our only power of attorney, that to our Congress alone the
Constitution gives any powers to make commands that interfere with our
individual rights. “All legislative powers herein granted shall be
vested in a Congress, etc.” (Art. I, Section I. _U.S. Cons._)
Public-domain text, read in full here on John Shaqi.
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