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
The comparative ease and dispatch with which it was put through argue
alike the skill and vigor of its sponsors and the strength of the
sentiment behind them. Legal warfare over the amendment did not end,
however, with its ratification by the legislatures of the requisite
number of states. Passions had been aroused. Vast property interests
were menaced. Moreover, in the minds of students of government the
amendment stirred misgivings which were quite independent of the
sentimental and material considerations involved. Eminent counsel were
retained and a determined effort was made to defeat or nullify the
amendment in the courts. To this end suits were begun in various
jurisdictions to test its validity and enjoin the enforcement of the
Volstead Act, which sought to carry it into effect. Two sovereign
states (Rhode Island and New Jersey) joined in the attack and through
their respective Attorneys General brought original suits in the United
States Supreme Court to have the amendment declared invalid. Seven test
cases were argued together in the Supreme Court, five days in all being
devoted to the argument. It will be of interest to note some of the
reasons advanced against the validity of the amendment, as they are
summarized in the official report.[1]
[Footnote 1: National Prohibition cases, 253 U.S., 350.]
The Attorney General of the State of Rhode Island argued[1] that:
The amendment is an invasion of the sovereignty of the
complaining state and her people, not contemplated by the
amending clause of the Constitution. The amending power ... is
not a substantive power but a precautionary safeguard inserted
incidentally to insure the ends set forth in that instrument
against errors and oversights committed in its formation.
Amendments, as the term indeed implies, are to be limited to
the correction of such errors....
It is "This Constitution" that may be amended. "This
Constitution" is not a code of transient laws but a framework
of government and an embodiment of fundamental principles. By
an amendment, the identity or purpose of the instrument is
not to be changed; its defects may be cured, but "This
Constitution" must remain. It would be the greatest absurdity
to contend that there was a purpose to create a limited
government and at the same time to confer upon that government
a power to do away with its own limitations.
[Footnote 1: Id., pp. 354-356.]
The Attorney General of the State of New Jersey:[1]
attacked the amendment as an invasion of state sovereignty not
authorized by the amending clause and as not, properly
speaking, an amendment, but legislation, revolutionary in
character.
[Footnote 1: 253 U.S., pp. 356-357.]
The eminent Chicago lawyer, Levy Mayer, and ex-Solicitor General William
Marshall Bullitt, contended,[1] among other things, that
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