Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We have been with them when the Americans in _each_ former colony
constituted for themselves a government and gave it limited ability
to interfere with their individual freedom. Living with them at that
time, we have realized how accurately they then grasped the vital fact
that the granting of such _national_ ability _is_ the constitution of
government and that no people ever are free or self-governing unless
every grant _of that kind_ is made directly by the citizens of the
nation themselves.
We have realized that, in constituting their respective national
governments, the citizens of each of those nations withheld from its
government many possible national powers, such, for example, as those
mentioned in the various Bills of Rights or Declarations of human
liberty in the different written constitutions of those nations.
We have realized--a vital legal fact never to be forgotten--how
accurately those Americans _and their governments_ knew that not all
of those sovereign legislatures of those independent nations could,
even together, exercise or grant a single one of those possible
national powers reserved by the people to themselves. We have also
realized--again a legal fact which should have sunk deep into our
souls--that the very national powers, which the citizens of each of
those nations _had_ granted to _its_ legislative government, were
to be exercised only by _that_ legislative government and could not
be delegated by it to any other government or governments. “The
powers delegated to the state sovereignties were to be exercised by
themselves, not by a distinct and independent sovereignty created by
themselves.” (Marshall, M’Culloch v. Maryland, 4 _Wheat._ 316.)
Public-domain text, read in full here on John Shaqi.
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