Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We recognize immediately, in this extract from the briefs of 1920,
our own exact knowledge brought from those “conventions.” And, when
this briefer challenges the existence of the Eighteenth Amendment on
the ground that the people who made it showed “in Article V itself”
that “the convention idea was in the minds of the framers” and “when
it came to the matter of ratification,” a “Yes” or “No” was to be
considered by “conventions” in the various states, we are amazed to
find no upholder of the Eighteenth Amendment replying to this attack
upon its validity. The challenge to validity again and again touches on
the monumental error of the Tory concept behind all claim to validity.
The challenge puts its finger at once upon the absurd assumption,
on which the Eighteenth Amendment wholly depends for existence, the
assumption that the Americans we have just left ever considered the
“people” as the “legislature” or the “legislature” as the “people.” The
challenge emphasizes the fact we all know, that the “conventions” knew
that “conventions” _were_ the “people” and that “legislatures” never
were the “people.” But we are mistaken in believing that this clear
challenge was not met by some “constitutional thinker” in his effort to
uphold the new supposed NATIONAL Article, made by the governments or
“legislatures” which the old “conventions” so well knew were not the
“people.” In the brief of one champion of the new NATIONAL Article, we
find this clear reply to the challenge. And we notice how the reply
is not mere assertion. No one can deny the tremendous “support,” in
history and in decision and in the Fifth Article itself, for the full
reply that the Fifth Article states definitely that “the only agency
which is authorized to ratify the Amendment is the state legislatures!”
We have only one comment to make on the challenge itself and the
destructive reply to it, that the state legislatures are the “only
agent” authorized by the Fifth Article to amend our NATIONAL
Constitution. It is an interesting comment. Both the challenge and
the reply are from the brief of Wheeler, counsel for the political
organization which directed that governments make this new national
government of men.
Public-domain text, read in full here on John Shaqi.
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