Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We average American citizens of this present generation must now feel
qualified to understand the Constitution and its settled distribution
of all _national_ powers to interfere with individual freedom. If these
Americans could use their knowledge intelligently to make that amazing
Constitution to protect our human liberty and their own, it cannot
be beyond us, now also taught by their experience, to understand the
protection which that Constitution gave to them and gives to us against
even the usurpation of our own governments. Only by that understanding
may we hope to keep that legacy of protection. No longer, now that we
have acquired that understanding, can we make the great mistake of
believing that the public leaders or lawyers of this generation are
qualified to teach us anything about that protection.
The experience of our leaders and lawyers has given them an entirely
different education, in the science of government, than was the
education of these earlier average Americans and _their_ leaders, than
is our own education in having lived over again the days in which all
valid grants of national power in constitutions of American government
were made by the people themselves _because_ people and governments
alike knew that _such_ grants could never be made by governments. The
experience of public leaders and lawyers in America, for the past
thirty years, has been almost exclusively concerned with property and
with law and Constitutions in relation to property.
In the Supreme Court, in the Slaughter House Cases, 16 _Wall._ 36
at page 116, Justice Bradley points out that the Declaration of
Independence was the first political act of the American people in
their independent sovereign capacity and that therein they laid the
foundation of _national_ existence on the basic principle that men are
created with equal and inalienable rights to “life, liberty and the
pursuit of happiness.” He then goes on to state that “Rights to life,
liberty, and the pursuit of happiness are equivalent to the rights of
life, liberty, and property.” We thus realize that the education of
the Americans, who made all our constitutions, trained them to make
Articles of government which would secure protected enjoyment of these
three human rights. And we have learned that to those Americans, life
and liberty came before property in importance.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account