Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It is well for the average American of the present generation, at this
point, to fix firmly in his mind that this _legislative_ ratification
of these _federal_ Articles was the important exercise of an existing
and recognized ability of state legislatures to make all constitutional
articles of a _federal_ nature, which never confer any government
ability directly to interfere with human freedom. It is well for the
same American also to fix firmly in his mind that it was the exercise
of an ability to make constitutional articles entirely distinct from
the other existing ability to make them, which had been exercised, in
each nation, directly by the citizens themselves, in “conventions,”
in the preceding year of 1776. In that year, there had been exercised
the inherent and inalienable and always existing ability of citizens
of a nation, assembled in conventions of deputies chosen for that
express purpose, to make _any_ kind of constitutional article, whether
it confers _federal_ or _national_ power on government. In the years
1777 to 1781, there had been exercised the recognized and existing _but
limited_ ability of state legislatures to make _federal_ articles, an
ability clearly then known not to include the ability to confer upon
government _national_ power to interfere with individual freedom.
Living with those Americans through their great days, we have now
reached the day in 1781 when they were all citizens of _some_ nation
but were not all citizens of the same nation. The great Republic,
America, had not yet been born. The legal status of the American as
an individual, and his relation to all governments was exactly the
same as it had been since 1776. Each American was the citizen of some
nation. His individual freedom could be directly interfered with
only by some law of the legislature of that single nation under a
valid grant, from him and his fellow citizens, of power to enact that
law on that subject. Neither the legislature of any other nation in
America, nor the legislatures of all other nations in America, nor the
government of nations which those legislatures had created and endowed
with _federal_ powers, the Congress of the Federation, could singly or
collectively issue a single command to him, interfering in any manner
with his human freedom, or could give to any government or governments
a power to issue such a command.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account