Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It is _because_ the First Article IS the constitution of government of
the American citizen that his government has received its tribute as a
government of enumerated powers. This fact is clearly explained in the
Supreme Court in Kansas v. Colorado, 206 U. S. 46.
Indeed, we need no Marshall to make us fully understand that when human
beings constitute a government, the one important thing which they do
is to grant government power to interfere, within a limited discretion,
with their own individual freedom by issuing commands in restraint of
the exercise of that freedom. Anything else that the government is
authorized to do is a mere incident of its existence as a government.
The power to issue commands interfering with human freedom is the
substance and essence of government. That is why all the _national_
powers of any American government are included in whatever ability its
legislature has to make valid commands _of that kind_. The letter which
went from the Philadelphia Convention, with the proposed Constitution,
accurately expresses this fact in the words, “Individuals entering into
society must give up a share of liberty to preserve the rest.” (1 _Ell.
Deb._ 17.) By surrender of some of their liberties is meant their grant
of power to make commands or laws interfering with those surrendered
liberties. Whenever government is constituted, “the people must cede
to it some of their natural rights, in order to vest it with requisite
powers.” (Jay, _Fed._ No. 2.)
We thus know for a certainty that the First Article of our Constitution
is the only one which purports to vest in government any _national_
powers.
The Second Article deals entirely with the executive department, the
authority of the president and that department to enforce valid laws,
the election of the president and vice-president, etc. The Third
Article deals with the authority of the judicial department [including
authority to declare what laws have been validly passed, etc.] and with
the manner of the appointment of the members of that department, etc.
The Fourth Article contains miscellaneous declaratory statements of
certain things which the citizens of America make the fundamental law
of America. The Sixth Article contains other declaratory statements of
what is also made the fundamental law of America.
Public-domain text, read in full here on John Shaqi.
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