Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
If this fact had been kept clearly in mind by our modern leaders
and lawyers, the history of the supposed Eighteenth Amendment would
never have been written. When the whole American people assembled in
their conventions in their respective geographic states, they did not
assemble therein as the citizens of their respective states. It is
true that the Americans, who assembled in any particular convention,
happened to be citizens of a particular state. But they were also
part of the whole American people, _whose act as a whole people_ had
freed all the colonies and had permitted the Americans in each colony
to constitute a nation for themselves. And, when the Americans in
each convention assembled, it was to decide whether that part of the
American people, which resided in that state, would agree with the
American people residing in other states to become members and citizens
of an entirely different society of men and grant to the government of
the new society power to interfere with the individual rights of the
members of the new society.
How could the “citizens” of an independent nation, in their capacity
as such citizens, become “citizens” of an entirely different nation,
with an entirely different human membership or citizenry? If the
individual members of a large athletic club in the City of New York
should assemble in its club house to determine whether they, as
individual human beings, should join with the human members of a number
of other athletic clubs and create a large golf club, with a large
human membership, and become members of that large golf club, would any
of them entertain the absurd thought that he was becoming a member of
the golf club in his capacity as a member of his existing and smaller
athletic club? This is exactly what happened when the American people
as a whole assembled in their conventions and decided to become members
or citizens of the new and larger political society of men, while still
remaining members and citizens of their respective smaller societies of
men.
Public-domain text, read in full here on John Shaqi.
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