Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
Furthermore, through our own personal experience, we understand how
all societies of men are brought into being. There are few of us who
have not participated in the creation of at least one society of men.
Most of us have personally participated in the creation of many
such societies. For which reason, we are quite well acquainted with
the manner in which all societies of men are brought into being. We
know that ourselves, the prospective members of the proposed society,
assemble and organize it and become its first members and constitute
the powers of its government to command us, its members, for the
achievement of the purpose for which we create it.
For one simple reason, the Americans, through whose education we have
just lived, were “better acquainted with the science of government
than any other people in the world.” That reason was their accurate
knowledge that a free nation, like any other society of individuals,
can be created only in the same manner and by its prospective members
and that the gift of any _national_ powers to its government can only
be by direct grant from its human members. This is the surrender “of a
share of their liberty, to preserve the rest.”
The knowledge of those Americans is now our knowledge. For which
reason, we know that they _themselves_ created that new nation and
immediately became its citizens and, _as such_, gave to its government
all the valid and enumerated national powers of that government to
interfere with their and our human freedom. We know that they did all
these things, by their own direct action, “in the only manner, in which
they can act safely, _effectively_ or wisely, on such a subject, by
assembling in conventions.”
Thus, whatever may have been the lack of knowledge on the part of
our leaders and “constitutional” lawyers for the last five years, we
ourselves know, with knowledge that is a certainty, that the ratifying
conventions of 1787 and 1788 WERE the American people themselves or
the citizens of the new nation, America, assembled in their respective
states.
Our Supreme Court has always had the same knowledge and acted upon it.
Public-domain text, read in full here on John Shaqi.
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