Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The Constitution of the United States was ordained and established,
not by the states in their sovereign capacities [the respective
peoples or citizens of each State] but emphatically, as the preamble
of the Constitution declares, by “the people of the United States”
[namely the one people of America].... It was competent to the people
to invest the general government with all the powers which _they_
might deem proper and necessary; to extend or restrain these powers
according to their own good pleasure, and to give them a paramount
and supreme authority.... The people had a right to prohibit to the
states the exercise of any powers which were, in _their_ judgment,
incompatible with the objects of the general compact [between the
citizens or members of the new nation], to make the powers of the
state governments, in given cases, subordinate to those of the nation,
or to reserve to _themselves_ those sovereign authorities which _they_
might not choose to delegate to either. (Supreme Court, Martin v.
Hunter’s Lessee, 1 _Wheat._ 304, at p. 324.)
Instructed by experience, the _American people_, in the conventions
of their respective states, adopted the present Constitution.... The
_people_ made the Constitution and the people can unmake it. It is
the creature of _their_ will, and lives only by _their_ will. But
this supreme and irresistible power to make or to unmake resides only
in the _whole_ body of the people, not in any subdivisions of them.
(Marshall, in Supreme Court, Cohens v. Virginia, 6 _Wheat._ 264.)
The Constitution was ordained and established _by the people_ of
the United States for themselves, for their own government, and not
for the government of the individual states. Each state established
a constitution for itself, and in that constitution provided such
limitations and restrictions on the powers of its particular
government as its judgment dictated. _The people of the United States_
framed _such_ a government for the United States as _they_ supposed
best adapted to _their_ situation, and best calculated to promote
_their_ interests. The powers _they_ conferred on this government
were to be exercised by itself; and the limitations on power, if
expressed in general terms, are naturally, and, we think, necessarily,
applicable to the government created by the instrument. They are
limitations of power granted in the instrument itself; not of distinct
governments, framed by _different persons_ and for different purposes.
(Marshall, in Supreme Court, Barron v. Mayor of Baltimore, 7 _Peters_,
243.)
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