Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Citizens of America, particularly emigrants from Europe, _must_ be
taught the reason _why_ and the fact _that_ the one American people
“were bound to have and did at last secure” a government free from
interference by “legislatures, _whether representing the states_ or the
federal government.” (Judge Parker, supra, in Preface.)
Who is to teach the average citizen the reason or the fact? Have our
most renowned lawyers shown any knowledge of either? Their own briefs
have been permitted to speak for them. Which of those briefs has put a
finger upon the basic flaw in the Eighteenth Amendment challenge to the
fact that the American citizens “did at last secure a Government” which
_its_ citizens “could control despite” all _legislatures_, whether
representing state citizens or themselves?
The men who wrote these briefs are far more than lawyers of great
renown. They are among the best known leaders of public opinion in
America. Many thousands of average citizens rely upon such men to
know and state every constitutional protection to individual liberty.
In any generation, reliance upon any public leaders for knowledge on
that matter is a distinct menace to individual liberty. The imaginary
Eighteenth Amendment will have served a useful purpose if it teaches
us that we must know _of our own knowledge_, if we want to remain free
citizens of America.
“No man, let his ingenuity be what it will, could enumerate all the
individual rights not relinquished by this Constitution.” (Iredell,
later a Supreme Court Justice, in the North Carolina convention, 4
_Ell. Deb._ 149)
These are the rights “retained by the people” of America in the Ninth
Amendment because not enumerated in the First Article.
“If this Constitution be adopted, it must be presumed the instrument
will be in the hands of every man in America, to see whether
authority be usurped; and any person by inspecting it may see if the
power claimed be enumerated. If it be not, he will know it to be a
usurpation.” (Iredell, in North Carolina convention, 4 _Ell. Deb._ 172.)
All granted powers to interfere with the individual freedom of the
_American_ citizen, “in that character,” are enumerated in the First
Article.
All powers _of that kind_ not enumerated therein are reserved in the
Tenth Amendment exclusively to the American citizens themselves to
be exercised or granted _by them_ in the “conventions” of the Fifth
Article.
One of these powers is that which some governments of state citizens,
in the Eighteenth Amendment, have attempted both to exercise and grant.
The brief of _which_ public leader has known or stated these facts to
the destruction of the Amendment and to the continued existence of the
free American citizen?
Public-domain text, read in full here on John Shaqi.
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