Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
What action of _our_ public leaders, even in this year 1923, does not
disclose that they still have the Tory concept that states and their
governments, both of which are political entities, _can_ exercise or
grant power which the Tenth Amendment expressly declares that the
American citizens reserved exclusively to themselves, and which the
Supreme Court, even as late as 1907, clearly held “could be exercised
only by them or upon further grant from them?” No discerning American
has failed to note that the Senate still clings to the delusion of
1917, that states and _their_ citizens and _their_ governments have
anything whatever to do with the _national_ part of the Constitution
of the citizens of America. In the newspapers, on January 30, 1923,
under the heading, “Favor New Defense for Constitution,” appeared a
dispatch from Washington. It told how the senators on the Judiciary
Sub-Committee had agreed to report favorably a proposal again to amend
the Constitution by changing the language of the Fifth Article. And the
main element of the proposed change is to provide that any state may
require that ratification by its legislature be subject to confirmation
by popular vote of the citizens _of that state_.
The citizens of each state make their own Constitution. In it, they
give to their own government what ability they please to interfere
with their own individual freedom. What have the citizens _of any
State_, what have the citizens _of every state_, in their capacity
_as state citizens_, to do with grants of power to the American
government to interfere with the individual liberty of the _American_
citizens? Have not the _American_ citizens, in _every_ state,
protection against grants of _such_ power to the one government of
the _American_ people except by the citizens _of America_ themselves,
_in that character_? Is there anything in the Fifth Article, as it
was written by Madison and made by the one American people, which
permits any state governments--which have no power even over their own
respective citizens except by grant from them--to exercise or create
new government power to interfere with the liberty of the citizens of
the distinct and supreme nation, America?
Why persistently and insistently ignore the basic American legal
principle that every state government must get its own power over
its own citizens from them and that the only government of the
American citizens must get its every _national_ (as distinguished from
_federal_) power directly from the citizens _of America_, assembled in
the “conventions” named in the Fifth Article?
Public-domain text, read in full here on John Shaqi.
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