Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In other words, the police power of the American Congress is strictly
limited to the enumerated powers _of that kind_ granted by the
citizens of America. And, although the fact does not seem to be
generally known, it is _because_ the First Article vests in the sole
Legislature of the whole American people nothing but _enumerated_
powers to interfere with the freedom of the individual American that
our American government has received its universal tribute as a
government of nothing but enumerated powers over a free people, who are
its citizens.
In the Constitution are provisions in separate Articles for the
three great departments of government,--legislative, executive, and
judicial. But there is this significant difference in the grants
of powers to these departments: the First Article, treating of
legislative powers, does not make a general grant of legislative
power. It reads: “Article one, section one. All legislative powers
herein granted shall be vested in a Congress,” etc.; and then, in
Article 8, mentions and defines the legislative powers that are
granted. By reason of the fact that there is no general grant of
legislative power it has become an accepted constitutional rule that
this is a government of enumerated powers. (Justice Brewer, in the
Supreme Court, Kansas v. Colorado, 206 _U. S._ 46.)
Among the _national_ powers, which _are_ enumerated in the First
Article, there is one which (_whenever operative_) approximates the
extensive police power of a state government to interfere with the
freedom of its citizens. That is the war power of the Government of
America. As the purpose of the Constitution of the American Government
is to protect the freedom of the American and as such freedom needs
effective protection from foreign attack, the Americans of that
earlier generation made the war power of their government almost as
unlimited as that of a despotic government. All history and their own
human experience had taught them that the war power, if it was to
be effective for their protection, must be practically unlimited. If
we grasp this extent of the _American_ war power, we realize why our
sole American government, without the grant of a new _national_ power
to it, could validly enact what we know as the War Time Prohibition
Statute, although without such a new grant, it was powerless to
enact what we know as the Volstead Act or National Prohibition for
time of peace. It is because the citizens of each state, in _their_
Constitution of _their_ national government, had given to it a general
(although specifically limited) ability to interfere with their own
human freedom in most matters, that each state government could
validly make prohibition laws for its own citizens. It is because
the _American_ citizens had not given to _their_ government any such
general ability to interfere with _their_ freedom, that the _American_
Government, for any time except that of war, could not validly enact
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