Prejudices, third seriesMencken, H. L. (Henry Louis)
History
Prejudices, third series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
It is a commonplace of historical science that the forgotten worthies
who framed the Constitution of the United States had no belief in
democracy. Prof. Dr. Beard, in a slim, sad book, has laboriously proved
that most obvious of obviousities. Two prime objects are visible in the
Constitution, beautifully enshrouded in disarming words: to protect
property and to safeguard minorities—in brief, to hold the superior
few harmless against the inferior many. The first object is still
carried out, despite the effort of democratic law to make capital an
outlaw. The second, alas, has been defeated completely. What
is worse, it has been defeated in the very holy of holies of those
who sought to attain it, which is to say, in the funereal chamber
of the Supreme Court of the United States. Bit by bit this great
bench of master minds has gradually established the doctrine that
a minority in the Republic has no rights whatever. If they still
exist theoretically, as fossils surviving from better days, there is
certainly no machinery left for protecting and enforcing them. The
current majority, if it so desired to-morrow, could add an amendment to
the Constitution prohibiting the ancient Confederate vice of chewing
the compressed leaves of the tobacco plant _(Nicotiana tabacum)_; the
Supreme Court, which has long since forgotten the Bill of Rights,
would promptly issue a writ of _nihil obstat_, with a series of moral
reflections as _lagniappe._ More, the Supreme Court would as promptly
uphold a law prohibiting the chewing of gum _(Achras sapota)_—on
the ground that any unnecessary chewing, however harmless in itself,
might tempt great hordes of morons to chew tobacco. This is not a mere
torturing of sardonic theory: the thing has been actually done in the
case of Prohibition. The Eighteenth Amendment prohibits the sale of
intoxicating beverages; the Supreme Court has decided plainly that, in
order to enforce it, Congress also has the right to prohibit the sale
of beverages that are admittedly _not_ intoxicating. It could, indeed,
specifically prohibit near-beer to-morrow, or any drink containing
malt or hops, however low in alcohol; the more extreme Prohibitionists
actually demand that it do so forthwith.
Public-domain text, read in full here on John Shaqi.
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