Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
When the _American people_ created a _national_ legislature, with
certain enumerated powers, it was neither necessary nor proper to
define the powers retained by the states. These powers proceed, not
from the people of America, _but from the people of the several
states_; and remain, after the adoption of the Constitution, what they
were before, except so far as they may be abridged by that instrument.
(Marshall, in the Supreme Court, Sturges v. Crowninshield, 4 _Wheat._
122.)
We average Americans know _and will remember_ the clear distinction,
the _substantial_ distinction, recognized by the great jurist, between
“the people of America” and “the people of the several states,”
although they happen to be the same human beings acting in different
capacities, as members of different political societies of men. It is
a matter of constant mention in the Supreme Court that we ourselves,
in addition to our capacity as human beings, have two other distinct
capacities, that of citizen of America and that of citizen of our
respective state; that, as citizens of America, we alone validly give
to _its_ government any power to command us, and, as citizens of our
particular state, we alone validly give to _its_ government all its
national power to command us. The decisions of the Supreme Court, in
that respect, are mentioned elsewhere herein. Meanwhile, we average
Americans understand these matters perfectly _and will not forget
them_. We are quite accustomed, while retaining our status as free
human beings, to be members of many different societies of men and,
as the members of some particular society, to give to its government
certain powers to interfere with our freedom.
Public-domain text, read in full here on John Shaqi.
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