Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
That we may intelligently so insist, and that our insistence may
be made in the proper place and at the proper time, let us briefly
consider on what subjects, in the making of our Constitution,
our predecessors, as American citizens, granted their enumerated
national powers to our only government of all Americans. Like those
predecessors, assembled in their conventions, we find all those
enumerated powers in the First Article of the Constitution proposed
from Philadelphia.
In substance they are the war power; the power of making treaties; the
power of regulating commerce between ourselves and all people outside
of America and between the citizens of the different states; the
power of taxation; and all other incidental and supplementary powers
necessary to make laws in the execution of these enumerated and granted
powers.
Noticeably absent from these enumerated powers granted to the only
general government of the citizens of America is that power, then
existing and still in the national government of each nation or
state, known (rather inaccurately) as the police power or the power
to pass any law, in restraint of individual human freedom, reasonably
designed, _in the judgment of that particular legislature_, to promote
the general welfare of its own citizens. It seems hardly necessary,
at this moment, to refer to the innumerable decisions of the Supreme
Court that such power was not among those enumerated and granted to the
American government by _its_ citizens. It was solely because such power
had definitely not been granted by them to it that _the_ government of
the American citizens made its famous proposal that a portion of such
power, in relation to one subject, be granted to it in the supposed
Eighteenth Amendment of our Constitution.
As a matter of fact, the police power of any government is really
all its power to pass any laws which interfere with the exercise of
individual freedom. In that respect, the American people made a marked
distinction between the quantum _of that kind_ of power which they
_granted_ to their one general national government and the quantum they
_left_ in the national government of the citizens of each state. The
quantum they granted to their own government was definitely enumerated
in the First Article. On the other hand, except for the limitations
which they themselves imposed upon the respective governments of each
state, they left the citizens of each state to determine what quantum
the government of that state should have.
Public-domain text, read in full here on John Shaqi.
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