What Prohibition Has Done to AmericaFranklin, Fabian
History
What Prohibition Has Done to America
Franklin, Fabian
Prohibition -- United States; United States. Constitution. 18th Amendment
That these things, once laid down in the organic law of the country,
should not be subject to disturbance except by the extraordinary and
difficult process of amendment prescribed by the Constitution was the
dictate of the highest political wisdom; and it was only because of
the manifest wisdom upon which it was based that the Constitution, in
spite of many trials and drawbacks, commanded, during nearly a century
and a half of momentous history, the respect and devotion of
generation after generation of American citizens. Although the
Constitution of the United States has been pronounced by an
illustrious British statesman the most wonderful work ever struck off
at a given time by the brain and purpose of man, it would be not only
folly, but superstition, to regard it as perfect. It has been amended
in the past, and will need to be amended in the future. The Income Tax
Amendment enlarged the power of the Federal government in the field of
taxation, and to that extent encroached upon a domain theretofore
reserved to the States. The amendment which referred the election of
Senators to popular vote, instead of having them chosen by the State
Legislatures, altered a feature of the mechanism originally laid down
for the setting up of the Federal government. The amendments that were
adopted as a consequence of the Civil War were designed to put an end
to slavery and to guarantee to the negroes the fundamental rights of
freemen. With the exception of the amendments adopted almost
immediately after the framing of the Constitution itself, and
therefore usually regarded as almost forming part of the original
instrument, the amendments just referred to are the only ones that had
been adopted prior to the Eighteenth; and it happens that these
amendments--the Sixteenth, the Seventeenth, and the group comprising
the Thirteenth, Fourteenth and Fifteenth--deal respectively with the
three kinds of things with which the Constitution was originally, and
is legitimately, concerned: the division of powers between the Federal
and the State governments, the structure of the Federal government
itself, the safeguarding of the fundamental rights of American
citizens.
One of the gravest indictments against the Eighteenth Amendment is
that it has struck a deadly blow at the heart of our Federal system,
the principle of local self-government. How sound that indictment is,
how profound the injury which National Prohibition inflicted upon the
States as self-governing entities, will be considered in a subsequent
chapter. At this point we are concerned with an objection even more
vital and more conclusive.
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