Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Where is the “_grant_” all the lawyers have been talking about?
Where is the “_grant_” on which the Eighteenth Amendment depends for
existence? Where is the “_grant_” which makes the state legislatures of
state citizens attorneys in fact, for any purpose, for the _American_
citizens? Before the Constitution, in which is the Fifth Article,
there was no citizen of America. And, as the exclusive ability of
“conventions” to make NATIONAL Articles (like the ability of state
legislatures to make Articles which are _not_ national) “was _reserved_
by Article V,” the state governments, as imaginary attorneys for
ourselves, disappear entirely from the scene. We remain free citizens.
We have not become “subjects.”
This comforting knowledge is emphasized when we find that, as the
Supreme Court states its Fourth Conclusion, again the accurate
statement is that the ability to make the new Article “is within the
power to amend RESERVED by Article V of the Constitution.”
That is our own knowledge. We have brought from the conventions, in
which we have sat with the early Americans, their knowledge that the
ability of the “conventions” to make Articles _of that kind_, their
exclusive ability to do so, was _reserved_ to those “conventions,”
the assembled citizens of America. We know that the Tenth Amendment
expressly so declares. Therefore, when _we_ go to the Supreme Court,
with _our_ contention that we still are citizens and that a revolution
by government against the people, a revolution to make us “subjects,”
must be repudiated by the Supreme Court which we have established to
protect our human liberty against all usurpation by governments, _our_
challenge will be in the words of Wilson, uttered in the Pennsylvania
Convention where Americans first set their names to the Fifth Article:
“How comes it, sir, that these state governments dictate to their
superiors--to the majesty of the people?”
CHAPTER XXVI
THE AMERICAN CITIZEN WILL REMAIN
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