Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Why not be sane and admit that the Fifth Article is not a “grant” to
the legislatures of state citizens? It is settled fact that each such
legislature, like every legislature in America, must get its every
power to govern its own citizens _from_ its own citizens. That is why
the Fourth Article guarantee of “a Republican Form of Government” to
every state has taught us (pp. 250-1) the absurdity of the thought that
the Fifth Article enables state governments outside Rhode Island to
give its government power to interfere with the individual freedom of
citizens of Rhode Island. And there is a further and more monumental
absurdity, in this same respect, when we contrast this Fourth Article
guarantee with the assumption that the Fifth Article is a “grant”
to the state legislatures. One of the great purposes for which the
whole American people made themselves one nation of men was that
the strength of such a great nation might be used to secure to the
Americans in every state the ability to govern themselves without any
interference from outside the state, in all matters except those in
which the citizens of America took from them the ability to govern
themselves. That is why the citizens of America wrote that guarantee
into the Fourth Article as a command to their inferiors, the states
and the state governments. Having thus secured “a Republican Form
of Government” to the Americans in every state by the command of
the Fourth Article, is it conceivable that the same whole American
people, immediately thereafter and in the Fifth Article, created for
the citizens of America a government which has not even the semblance
of “a Republican Form of Government”? That is the concept on which
the existence of the Eighteenth Amendment depends. It is not in the
Constitution unless, immediately after the guarantee of the Fourth
Article and _in_ the Fifth Article, the whole people of America
said: “We have just insisted that the Americans in each state must
be governed by a government which gets its power directly from them.
For ourselves, however, as the whole American people, we are content
to let two thirds of Congress and the legislatures of three fourths
of the states interfere with our individual freedom, in all matters
whatsoever. For that reason, we make this grant to those legislatures.
For ourselves, as one people, we have no desire for a Republican Form
of Government.”
Does not the claim that the Americans did say this in their Fifth
Article entitle us more justly than Henry to exclaim: “I suppose that I
am mad, or that my countrymen are so!” (3 _Ell. Deb._ 446.)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account