Our Changing ConstitutionPierson, Charles W. (Charles Wheeler)
History
Our Changing Constitution
Pierson, Charles W. (Charles Wheeler)
Constitutional history -- United States; United States -- Politics and government
We shall do well not to forget the words of that staunch upholder of
national power and authority, Salmon P. Chase, speaking as Chief Justice
of the Supreme Court in a famous case growing out of the Civil War:[1]
The preservation of the states, and the maintenance of their
governments, are as much within the design and care of the
Constitution as the preservation of the Union and the
maintenance of the National Government. The Constitution, in
all its provisions, looks to an indestructible Union composed
of indestructible states.
[Footnote 1: _Texas v. White_, 7 Wall., 700.]
IV
THE EIGHTEENTH AMENDMENT
Could Washington, Madison, and the other framers of the Federal
Constitution revisit the earth in this year of grace 1922, it is likely
that nothing would bewilder them more than the recent Prohibition
Amendment. Railways, steamships, the telegraph, the telephone,
automobiles, flying machines, submarines--all these developments of
science, unknown in their day, would fill them with amazement and
admiration. They would marvel at the story of the rise and downfall of
the German Empire; at the growth and present greatness of the Republic
they themselves had founded. None of these things, however, would seem
to them to involve any essential change in the beliefs and purposes of
men as they had known them. The Prohibition Amendment, on the contrary,
would evidence to their minds the breaking down of a principle of
government which they had deemed axiomatic, the abandonment of a purpose
which they had supposed immutable. As students of the science of
government they would realize that the most fundamental change which can
overtake a free people is a change in their frame of mind, for to that
everything else must sooner or later conform.
The amendment was proposed by Congress in 1917 and proclaimed as having
been ratified in 1919.[1]
[Footnote 1: 40 Stat. 1050, 1941.]
Public-domain text, read in full here on John Shaqi.
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