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Citizen or subject? cover

Citizen or subject?

Chapter 42: APPENDIX IV THE ALLEGED EIGHTEENTH AMENDMENT
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About This Book

The author analyzes the difference between self-governing citizens and passive subjects, tracing constitutional development from revolutionary conventions through the federal league to a national government created by the people. He argues that certain constitutional changes, notably the Eighteenth Amendment, conflict with citizen sovereignty by converting free citizens into subjects, and he supports this claim with close readings of founding debates, constitutional clauses, and legal history to insist on preserving civil liberty and clear limits on governmental power.

APPENDIX IV
THE ALLEGED EIGHTEENTH AMENDMENT

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Sec. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Sec. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.