Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
This Wheeler believes that the Statute of ’76 is “one great muniment of
our liberty which can never be amended, revoked or withdrawn.” He says
so in his brief. He also maintains that his state governments, not one
of their members elected by us as citizens of America, have omnipotent
power over our every liberty, except that they cannot change the number
of senators from each State. At one point in his brief he “proves”
overwhelmingly that the citizens of America universally demanded his
new Article, the Eighteenth Amendment. His proof is--and we cannot
deny the fact which he asserts as proof--that, in the year 1918, when
Americans were in the Argonne Forest in France, four thousand seven
hundred and forty-two Tories in forty-five state legislatures said
“Yes” to this new command to the one hundred million American citizens
on a subject not among the matters enumerated in our First Article.
That his “proof” might be perfect (for the claim that the making of the
command was demanded by the citizens of America) he fails to mention
the fact that not one of those four thousand odd Americans, who were
not the Americans in the Argonne or in our training camps preparing to
fight for human liberty, was elected for any purpose by the citizens of
America.
Reflecting upon this briefer’s admiration for the Statute of ’76 and
upon his knowledge that the “legislatures” never are the people, while
the “conventions” of the Fifth Article are the “people,” we wonder
if he ever read a certain statement of the early American who wrote
the Statute of ’76. It is a statement from Thomas Jefferson quoted by
Madison, author of the Fifth Article, when he was urging the American
people or “conventions” to make that Fifth Article. Jefferson was
talking about a constitution, in which “all the powers of government
... result to the legislative body,” as they result (under the modern
assumption as to what the Fifth Article says) to the state governments,
the new omnipotent legislature of the American people. This is what
Jefferson had to say, what Madison approved: “The concentrating
these in the same hands, is precisely the definition of despotic
government. It will be no alleviation, that these powers will be
exercised by a plurality of hands, and not by a single one. One hundred
and seventy-three despots would surely be as oppressive as one....
As little will it avail us, that they are chosen by ourselves. An
_elective_ despotism was not the government we fought for.” (_Fed._ No.
48.)
It is clearly the view of Wheeler and all his associates that the early
Americans did fight their Revolution so that we might have, in these
modern days, an elective despotism of four thousand seven hundred and
forty-two despots. That form of government is probably relieved from
the odium of the Madison and Jefferson attack, by the “alleviation”
that we ourselves, the citizens of America, those to be governed by
this “_elective despotism_,” do not elect or choose even one of the
despots!
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account