Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We have lived with those Americans in those Revolutionary days when
the legislative governments of their thirteen nations created “a
distinct and independent sovereignty” to govern a _federal_ union of
those nations but not to govern, by the exercise of _national_ powers,
the human beings who were the American people. We have seen those
legislative governments then aware of their existing ability, each
as the representative or attorney in fact of its own nation for all
_federal_ purposes, to vest _federal_ powers in a _federal_ government.
“To the formation of a league, such as was the Confederation, the
state sovereignties were certainly competent.” (Marshall, M’Culloch v.
Maryland, 4 _Wheat._ 316.) But those legislative governments knew that
they could not delegate to any government even those limited _national_
powers “delegated to the state sovereignties” by their respective
citizens. “The powers delegated to the state sovereignties were to be
exercised by themselves, not by a distinct and independent sovereignty
created by themselves.” (Marshall, _supra_.) As to the national powers
not delegated but reserved by the people to themselves, the legislative
governments of that day (as well as the American people) knew what the
Supreme Court still knew in 1907 as to _national_ powers similarly
withheld from the later _national_ government of America:
The powers the people have given to the General Government are named
in the Constitution, and all not there named, either expressly or by
implication, are reserved _to the people_ and can be exercised only by
_them_, or upon _further grant from them_. (Justice Brewer in Turner
v. Williams, 194 _U. S._ 279.)
We have been with those Americans in the few short years in which
they learned that the maximum of protected enjoyment of individual
freedom could never be obtained through a general government possessing
naught but _federal_ powers, the only kind of power which any American
government can ever obtain through grants made by governments or, in
any way, except by direct grant from its citizens themselves.
Public-domain text, read in full here on John Shaqi.
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