Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
What, however, are we to think of the Tory education of so many of
_our_ leaders and “constitutional” lawyers, who have calmly accepted
and acted upon the amazing assumption that state governments in America
can exercise and can grant to other governments any or all _general_
national powers to interfere with the human freedom of American
citizens, including even the national powers expressly reserved by
those citizens to _themselves_ in the Tenth Amendment?
If they adopt their familiar mental attitude that all these statements
were made more than a hundred years ago and have no meaning or weight
now, we refer them to the Supreme Court, in 1907, when it stated:
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.)
For ourselves, we average Americans turn now to examine in detail how
clearly the Americans at Philadelphia in 1787 _did_ know and obey the
basic law of America that all _national_ powers to interfere with
individual freedom are the powers of the people themselves and can
be exercised only by them or upon direct grant from them. We find
their knowledge, in that respect, evidenced by an examination of the
reasoning by which they reached the correct legal conclusion that their
proposed grants of general national powers, in their First Article,
could only be made by the citizens of America themselves, assembled in
their “conventions”--that grants of _such_ powers could not be made
even by all the legislatures of the then independent states.
CHAPTER VII
PEOPLE OR GOVERNMENT?--CONVENTIONS OR LEGISLATURES?
It is no longer open to question that by the Constitution a nation was
brought into being, and that that instrument was not merely operative
to establish a closer union or league of states. (Justice Brewer, in
Supreme Court, Kansas v. Colorado, 206 _U. S._ 46 at page 80.)
Instructed by living through the education of the earlier Americans
to their making of that Constitution, we accurately know that they
themselves, _by their own direct action_, brought that new nation into
being. Through _our_ course in _their_ education, we have _their_
knowledge that only the men, who are to be its first members, can
create a new political society of men, which is exactly what any
American nation is. “Individuals entering into society must give up
a share of liberty to preserve the rest.” So said the letter which
went from Philadelphia with the proposed Articles whose later adoption
created the new nation and vested the delegated and enumerated national
powers of its government to interfere with the liberty of its citizens,
(1 _Ell. Deb._ 17.)
Public-domain text, read in full here on John Shaqi.
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