Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The vital distinction between the citizen of America and the citizen of
a state, although oftentimes one is the same human being, is probably
known to many of the modern leaders and lawyers who have considered
and argued about the supposed Eighteenth Amendment. But it has been
wholly ignored in every argument for or against the existence of that
Amendment. As a matter of fact, that vital distinction has always
been so important a part of our American institutions that it has been
the subject-matter of repeated decisions in the Supreme Court. It is a
distinction amazingly important, in substance, to individual freedom
in America. So true is this that one of the most important Amendments
ever made to the _federal_ part of our Constitution was primarily
intended to require that every state must extend to the “privileges or
immunities of citizens” of _America_ the same respect and protection
which the American Constitution had previously only required that each
state must extend to the citizens of the _other states_.
When the conventions made the original constitution, Section 2 of
Article IV commanded that “The Citizens of each State shall be entitled
to all Privileges and Immunities of Citizens in the several States.”
After the Civil War had closed, it quickly was realized that this
federal command of the Constitution did not protect the citizens of
_America_ in any state. And so this command was added to the _federal_
part of the Constitution by the Fourteenth Amendment, namely, that “No
State shall make or enforce any law which shall abridge the privileges
or immunities of citizens” _of America_.
It would be idle to repeat here the famous Supreme Court decisions
in which that Court has been obliged to dwell upon the important
result accomplished by this vital change in the federal part of our
Constitution. In such cases as the Slaughter House Cases, 16 _Wall._
36, Paul v. Virginia, 8 _Wall._ 168, Re Kemmler, 136 _U.S._ 436, U.S.
v. Cruikshank, 92 _U.S._ 542, Blake v. McClung, 172 _U.S._ 239, Maxwell
v. Sow, 176 _U.S._ 581 and numerous other cases the important decisions
have turned entirely upon the vital distinction between a citizen
of America and a citizen of a particular state, even though the same
man had the two capacities. Each decision turned upon the fact that
the protection given to him in one capacity, by some constitutional
provision, did not extend to him in the other capacity.
If all this had not been forgotten and ignored during the five years
which began in 1917, the story of that five years would have been
entirely different. Everyone would have known that the respective
attorneys in fact for societies or states could not grant new power to
interfere with the individual freedom of the members of an entirely
different society, America.
Public-domain text, read in full here on John Shaqi.
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