Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We all know that, for five years, that identity has never been known
or mentioned. The failure to know or to mention it has been emphasized
by the occasional references to “conventions” which have been made. In
one or two arguments, there has been passing attempt to support the
“nonsense,” that the Fifth Article is a “grant,” but a “grant” limited
in extent, by a suggestion that the Eighteenth Amendment could be
“grafted” on the Constitution entirely outside of any mode of procedure
_mentioned_ in the Constitution. The suggestion has been that it could
be “grafted” on the Constitution by “conventions” of the citizens _of
each state_, provided that the citizens of _every_ state gave their
consent. In these suggestions, we ourselves, the citizens _of America_,
the whole American people of Marshall, have figured not at all.
We, who _are_ the citizens of America, must now realize the vital
importance to our personal liberty of our own knowledge that we are
citizens of America as well as citizens of some particular state.
Wilson pointed out to the Americans in the Pennsylvania convention the
dual capacity of the American, if the new Constitution were adopted. We
remember his statement that “it was necessary to observe the two-fold
relation in which the people would stand--first as citizens of the
general government and, secondly, as citizens of their particular
state. The general government was meant for them in the first capacity;
the state governments in the second. Both governments were derived
from the people; both meant for the people; both therefore ought to
be regulated on the same principles.” And we remember the one most
important American principle, that every government in America must
get, directly from its own citizens, every power to interfere with
their individual freedom.
We cannot help contrasting the accurate statement of Wilson, “in this
Constitution the citizens of America appear dispensing a portion of
their power,” with what must be the modern statement, if the Eighteenth
Amendment is in the Constitution, namely, “in this Constitution the
_state governments_ appear dispensing to themselves and to the national
government another portion of the power of the citizens of America.”
And, if that modern statement is “nonsense,” what else but “nonsense”
are the arguments which rely upon its truth or which do not point out
its absurdity?
Public-domain text, read in full here on John Shaqi.
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