Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The nation of men, which we call America, and the subordinate
federation of states, which we call the United States, are bound
together in one dual system. They have a common name, “The United
States of America.” They have a common Constitution, with national
Articles for the men and federal Articles for the states. They have a
common government, national for the men and federal for the states.
This is exactly the America of which Judge Parker spoke. We want to
keep it. The early Americans, who made it, will enable us to keep
it, if we listen to their teaching of the simple facts which they
accomplished. Such a result would be some credit to the supposed
Eighteenth Amendment. Even those most opposed to it would be compelled
to acknowledge that its brief imaginary existence awoke us all to our
first real concept of what America, the nation of free men, really is.
FRANCIS X. HENNESSY.
_342 Madison Avenue, New York City. March 17th, 1923._
CONTENTS
I. SUBJECTS BECOME CITIZENS _Page 1_
The American must know what a citizen is--Otherwise he will not
remain a citizen--If the American citizen exists, there is no
Eighteenth Amendment--Americans of 1776 knew distinction between
“citizen” and “subject”--While legally “subjects,” they had
governed themselves as “citizens”--Attempt to govern them as
“subjects” causes Revolution--Declare American concept, no government
interference with human liberty unless “citizens” grant
government power--Make thirteen nations, each composed of citizens--Its
“citizens,” in “conventions,” constitute each government
by grant of power to interfere with human liberty--“Democracy”
and “Republic” distinguished--Revolution to make American concept
American law.
II. THE STATE GOVERNMENTS FORM A UNION OF STATES _Page 17_
Revolution continues--Thirteen nations form league or federation of
states--Members of federation act through respective attorneys-in-fact,
state legislatures--Legislatures constitute federal government
and grant its federal powers to govern states--Distinction
between legislatures’ power to make federal Articles and citizens’
power to make national Articles under which men are governed--Citizens’
power exercised in 1776 and legislatures’ power in
1781--Revolution won, establishing American concept as American
law.
III. AMERICANS FIND THE NEED OF A SINGLE NATION _Page 25_
Federation of states unsatisfactory--General government, with only
federal power to govern states, not able to secure what whole
American people want--They learn need of general government
with some enumerated national powers to govern men.
IV. THE BIRTH OF THE NATION _Page 29_
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