Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The United States [the great political society of men which this book
persistently calls America] form, for many, and for most important
purposes, a single nation.... In war, we are one people. In making
peace, we are one people. In all commercial regulations, we are one
and the same people. In many other respects, the American people are
one; and the government which is alone capable of controlling and
managing their interests in all these respects, is the government of
the Union. It is _their government, and in that character they have
no other_. America has chosen to be, in many respects, and to many
purposes, a nation; and for all these purposes, _her government_
is complete; to all these objects, it is competent. The people
have declared that, in the exercise of all powers given _for these
objects_, it is supreme. It can, then, in effecting these objects,
legitimately control all individuals or governments within the
American territory. (U. S. Supreme Court, Cohens v. Virginia, 6
_Wheat._ 264, at p. 413 et seq.)
These words of Marshall tell every American why there is an “America,”
a nation of men, in addition to a “United States,” a federation
or league of political entities. The league existed before the
Constitution created the nation. The league was not created by the
Constitution. But the league was continued by the Constitution in which
free men created the nation. In that Constitution, the league and its
component members (the states) were made subordinate to the nation and
_its_ component members, who are the citizens of America.
How comes it, then, that modern leaders, for five years last past, have
talked their nonsense about _another_ government of the one American
people? How comes it that they have argued and acted as if the Fifth
Article _constituted_ another government of the one American people?
It certainly would be startling for Marshall and his generation to
hear the Eighteenth Amendment claim that one important purpose for
which Americans chose to be one people was the purpose of enabling
thirty-six legislatures of state citizens to interfere, “in all matters
whatsoever,” with every individual liberty of all American citizens.
In the light of our education with the one American people who chose to
be, “in many respects, and to many purposes, a nation” and to have, IN
THAT CHARACTER, no government other than the government constituted by
the First Article, how otherwise, than by the one word “nonsense,” can
we dignify the five-year discussion as to the _extent_ of the powers
granted in the Fifth Article to _other_ governments, the respective
governments of the members of the league, to interfere with the
liberties of the members of the nation, the citizens of America?
Public-domain text, read in full here on John Shaqi.
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