| I. | Subjects Become Citizens | Page 1 |
| The American must know what a citizen is—Otherwise he will not remain a citizen—If the American citizen exists, there is no Eighteenth Amendment—Americans of 1776 knew distinction between “citizen” and “subject”—While legally “subjects,” they had governed themselves as “citizens”—Attempt to govern them as “subjects” causes Revolution—Declare American concept, no government interference with human liberty unless “citizens” grant government power—Make thirteen nations, each composed of citizens—Its “citizens,” in “conventions,” constitute each government by grant of power to interfere with human liberty—“Democracy” and “Republic” distinguished—Revolution to make American concept American law. | ||
| II. | The State Governments Form a Union of States | Page 17 |
| Revolution continues—Thirteen nations form league or federation of states—Members of federation act through respective attorneys-in-fact, state legislatures—Legislatures constitute federal government and grant its federal powers to govern states—Distinction between legislatures’ power to make federal Articles and citizens’ power to make national Articles under which men are governed—Citizens’ power exercised in 1776 and legislatures’ power in 1781—Revolution won, establishing American concept as American law. | ||
| III. | Americans Find the Need of a Single Nation | Page 25 |
| Federation of states unsatisfactory—General government, with only federal power to govern states, not able to secure what whole American people want—They learn need of general government with some enumerated national powers to govern men. | ||
| IV. | The Birth of the Nation | Page 29 |
| Philadelphia Convention assembles ostensibly to draft and propose purely federal Articles—It drafts and proposes a “Constitution” with both national and federal powers—First Article is the constitution of American national government because it grants all the enumerated powers to interfere with human liberty of American citizens—Fifth and Seventh Articles relate to the grant of national power, though neither grant it—Other four Articles neither grant nor relate to grant of national power—Fifth prescribes constitutional mode for its future grant by American citizens in “conventions”—Also prescribes constitutional mode for future grant of federal power by state legislatures—Philadelphia knows and decides that legislatures can never grant national power and Articles are sent to “conventions” of “citizens,” as in 1776—Whole American people become a nation—American citizen first exists on June 21, 1788, when American citizens make their only grant of national powers—States and their citizens and constitutions and governments are made subordinate to citizens of America—These facts entirely forgotten in 1917. | ||
| V. | The Consent of the Governed | Page 55 |
| Education of personal experience, from 1775 to 1790, accurately taught science of government to average American—It taught him that citizens only can grant government power to interfere with human liberty, though legislatures can grant federal power to govern states—Modern leaders lack that practical education and the accurate knowledge it taught the early American—Modern average American has sensed something curious about making of Eighteenth Amendment—That he may understand what he senses and know why there is no such Amendment, must briefly consider the Constitution. | ||
| VI. | The Conventions Give the Consent | Page 64 |
| In conventions, whole American people themselves make Constitution—“Felt and acknowledged by all” that legislatures could never make First Article because it constitutes government of men—From early American, modern American learns that grant of power to govern men is the constitution of the government of men—Because First Article grants of that kind are enumerated, American government known as government of enumerated powers—Primal security to human freedom that citizens, not legislatures, grant all power of that kind—Because this primal security known to early Americans, their “conventions” insist that Constitution (Tenth Amendment) declare that every power of that kind not granted by American citizens remains with American citizens—Our own leaders have not known this security or understood that all ungranted powers of that kind were reserved by American citizens to themselves. | ||
| VII. | People or Government?—Conventions or Legislatures? | Page 80 |
| American nation a society of men like any other society of men—Herein called America to distinguish it from federation of united states which can make and are governed by federal parts of Constitution—Like any society of men, America created by its original human members in their “conventions”—Their knowledge of that fact becomes our knowledge—Supreme Court knows and states it—Citizen of America distinct from state citizen, though the same human being—Distinction vitally important, as Supreme Court explains—Only citizens of America can grant new power to interfere with their own human freedom—All original American citizens know this—Many explain it to us, Daniel Webster vehemently and clearly. | ||
| VIII. | Philadelphia Answers “Conventions, Not Legislatures” | Page 95 |
| Philadelphia knowledge and decision that legislatures of states, members of the federation, cannot make Articles which create government power to interfere with freedom of men, members of the nation—The decision, based on knowledge of basic American law, is embodied in Seventh Article and proposing Resolution at Philadelphia in 1787—Human members of nation described as “conventions” in Seventh Article—Story of Seventh Article at Philadelphia—Madison asks searching question of any American who thinks possible any other decision than the Philadelphia decision—Now educated with the early Americans, we give the same answer as that of Philadelphia, while our leaders have given the opposite answer. | ||
| IX. | The Fifth Article Names Only “Conventions” | Page 110 |
| Philadelphia story of Fifth Article—Relates to future grants of national power by American citizens but makes no grant—Meaning to “conventions” must be meaning now—Madison writes it at Philadelphia, and he and many others from Philadelphia are in “conventions” who made it—Its Philadelphia story from May 29 to September 10, 1787, one week before end of Convention. | ||
| X. | Ability of Legislatures Remembered | Page 115 |
| Fifth Article in last Philadelphia week—Philadelphia, previously concentrated on its own First Article, has so far forgotten that future Articles will probably be federal, which legislatures can make—Wherefore, legislatures not yet mentioned in tentative Fifth Article—Madison and Hamilton recall probability that all future Articles will be federal and suggest a Fifth Article which mentions “legislatures” as well as “conventions”—Full record of September 10, 1787, day of that Madison suggestion—Added mention no support for modern error that Fifth Article a “grant”—Moderns ignore that one supposed grantee is supposed grantor and that “grant” would make Americans “subjects”—In language of Fifth Article, Philadelphia finds no suggestion of modern error and the Article, with its added mention of legislatures, is passed without discussion—Having no suggestion of a “grant,” it is known at Philadelphia to be constitutional mode of future exercise of the two existing but different abilities of “legislatures” and “conventions”—Madison, Wilson and Marshall on this fact—Full Philadelphia story of September 15, when Fifth Article finally considered—Defeat of Gerry’s motion to strike out “by conventions in three-fourths thereof”—Modern error of thinking and acting as if that motion had been carried. | ||
| XI. | Conventions Create Government of Men | Page 141 |
| “Conventions” of Seventh Article, making Constitution, know same “conventions” of Fifth Article to be themselves, the American citizens—Americans, in “conventions,” with American concept that government exists solely to secure individual and his freedom, read and make Fifth Article—Madison hits hard modern concept of Bolshevist Russian and Eighteenth Amendment American that human beings are made for kings or legislatures or political entities—Conventions hear Madison explain Fifth Article as prescribing procedure in which “conventions” can again assemble constitutionally to exercise their power and in which “legislatures” may act constitutionally in making future federal Articles—Recognize its constitutional mode as exact Revolutionary mode just followed by Madison and others at Philadelphia and that future Congress should do exactly what Philadelphia did and no more—Recognize Fifth Article settles how each “convention” vote shall count as one vote of American citizens and how many “convention” votes shall be necessary and sufficient to make a future Article which “conventions” of American citizens alone can make—Recognize words “in three-fourths thereof” after word “conventions” most important words in Fifth Article and a great security to individual liberty—Average American now sees why Eighteenth Amendment Tories seek escape from that security by asserting Constitution created supreme will independent of American citizens, i.e., will of state legislatures. | ||
| XII. | Two Articles Name “Conventions” | Page 171 |
| From 1775 to 1789, all Americans aim to secure individual welfare—With this one aim, “conventions” continue to read Fifth Article and recognize statements of Fifth and Seventh, as to “conventions,” identical in nature—Recognize both ordain WHEN convention-made Articles, granting power to interfere with individual freedom, shall validly constitute government of American citizens—Recognize “conventions” of Seventh and Fifth as whole American people of Preamble—Recall ability of legislatures to make federal Articles and know mention of “conventions” and “legislatures” grants no power to either—State “legislatures” lesser reservee and “conventions” of American citizens most important reservee in Tenth Amendment—“Conventions” recognize two exceptions in Fifth Article, not as exceptions from power granted therein, but as intentional refusal to provide a constitutional mode in which existing ability may be exercised to do what is mentioned in two exceptions—“Conventions” finish reading Fifth Article and, from its clear language, know it is not a grant of power but a constitutional mode for the exercise of either of two existing powers, one limited and the other unlimited. | ||
| XIII. | Conventions Know “Conventions” are “the People” | Page 180 |
| Americans, in their “conventions,” explain and support and oppose the proposed Articles—Whether for or against the Articles, their invariable and clear statements confirm the “convention” knowledge that the Fifth is not a grant of power either to themselves, “conventions,” or to the state “legislatures”—Conventions check Fifth Article mention of “legislatures” and “conventions” with statement that proposed constitution is “one federal and national constitution”—Henry insists that proposed Articles make the state legislatures weak, enervated and defenseless—“Abolish the state legislatures at once”—Wilson admits that the Articles take power from the state legislatures and give them no new power—“The diminution is necessary to the safety and prosperity of the people”—Madison explains the importance of his words, “in three-fourths thereof,” after the word “conventions,” as requiring more than a mere majority of American citizens for new interference with individual liberty—Hamilton states his own conviction that amendments will be to the federal and not the national part of the Constitution and emphasizes the legal necessity that grants of national power must come from the people and not the legislatures—“Conventions” reluctant to give even the enumerated national powers of the First Article and insist on the Tenth Amendment declaration that all other power of that kind is reserved by themselves to themselves—“In their hands it remains secure. They can delegate it in such proportions, to such bodies, at such times, and under such limitations, as they think proper”—In 1907, the Supreme Court states, what the “conventions” knew, that all powers not granted in the First Article are reserved to the “conventions” of American citizens “and can be exercised only by them or on further grant from them”—The “conventions,” having secured the liberty of American citizens from all government interference except under the First Article grants, end their great work. | ||
| XIV. | Seventeen Articles Respect Human Freedom | Page 212 |
| Hamilton’s conviction, that all Amendments would be of the federal kind which legislatures can make, verified by the seventeen amendments prior to 1917—As Supreme Court has repeatedly held, the first ten Amendments merely declared what was already in Constitution—A relevant and important declaration in the Tenth is that the entire Constitution gives no power of any kind to state legislatures—Amazing modern Tory concept that these ten Amendments are an American Magna Charta or compact between a master government and its “subjects”—Madison and Supreme Court on the “impious doctrine” that Americans are “subjects”—Eleventh and Twelfth Amendments have naught to do with individual freedom—Thirteenth, Fourteenth and Fifteenth neither exercise nor create government power to interfere with human liberty—On the contrary, their purpose and effect are to make human liberty universal—Sixteenth removes a federal limitation, in favor of the states, from a power the “conventions” gave to Congress—Seventeenth relates only to the election of Senators—When 1917 opens, Congress has no power to interfere with individual liberty of American citizens which Congress did not have in 1790—When 1917 opens, no legislatures, since July 4, 1776, have dared to interfere with the individual liberty of the American citizens outside the First Article grants or have dared to attempt to create a new power so to interfere—When 1917 opens, we have not become “subjects” but still are citizens of America. | ||
| XV. | The Exiled Tory About to Return | Page 231 |
| When 1917 begins, relation of American citizen to all governments in America and relations of governments to one another just the same as in 1790—American government can interfere with the American citizen on matters enumerated in the First Article—No other governments can interfere with him at all—The government of each state can interfere with its own citizens, except as the American Constitution forbids, on matters in which the citizens of each state give their own government power to interfere—No government, either American government or state government, can get any new power of that kind except directly from its own citizens—No government can get any power of that kind from other governments—New federal power of American government can be granted by members of federation, the states, acting through their respective attorneys-in-fact, the state legislatures—State legislatures are powerless to govern or to create power to govern American citizen—In these respects, supremacy of American citizens over all governments same in 1917 as in 1790—1917 leaders did not know, what 1790 average American knew, that Revolution had ended forever Tory law that governments are master and Americans are “subjects.” | ||
| XVI. | The Tory “Eighteenth Amendment” | Page 239 |
| December, 1917, closing month of America’s first year in World War for human liberty—American citizens have but one government, Congress, which can interfere with their human liberty in any matter—Congress knows it cannot interfere by making the command which is Section 1 of the Eighteenth Amendment—Amazing Resolution in Senate that legislative governments of state citizens be asked directly to interfere with human liberty of American citizen in matter not enumerated in First Article—Resolution asks some state governments to give only American government a new enumerated power to interfere with freedom of American citizen, the first new power of that kind since June 21, 1788—Some leaders question “wisdom” of Resolution—No leader questions power of any governments (except Congress in the enumerated First Article matters) to interfere with freedom of American citizen—No leader questions power of any or all governments to give a new enumerated power of that kind to the only American government or to any government—No leader knows that, in 1917 as in 1787 and in 1790, only the “conventions” of American citizens can make the command or the grant of power—House of Representatives adds absurdity to absurdity—Adds to Resolution that state governments, while interfering with liberty of American citizen and granting only American government first new enumerated power so to interfere, should also give themselves (the granting governments) the very power they assume to exercise over American citizens—Webb, explaining to the House his proposed change in Section 2 of the Amendment, states this to be the meaning and purpose of the change—Article IV contrasted with absurd modern error, as to meaning of Article V—That modern error is sole basis of Tory concept that any or all governments could make Articles like First Article or supposed Eighteenth Amendment—Article IV guarantees to citizens of each state that their state government shall be republican, getting from them its every power to interfere with their individual freedom—Senate Resolution asks state governments, outside each state, to give each state government power to interfere with the freedom of its own citizens—Congress of 1917 acted on assumption that Article V meant to enable Congress to suggest any desired breach of the guarantee in the closing words of Article IV. | ||
| XVII. | The Tory in the House | Page 254 |
| Despite our education with Americans from 1775 to 1790, in 1917, when Americans are at war for human liberty, the only American government recognizes other governments (the state legislatures) as an omnipotent Parliament with all American citizens as “subjects”—Volstead Act is only statute in America, interfering with individual liberty, which does not even pretend to be founded on direct grant of power from its citizens to the government which enacted it—Webb, in the House, states, “We thought it wise to give both the Congress and the several states” new power to command the American citizen on this matter not enumerated in the First Article—His tribute to the state governments, as master governments of American citizen, exactly the tribute paid by Lloyd George to the power of the Westminster Parliament over its “subjects”—Marshall, Hamilton, Madison, the Virginia Convention of 1788, the Supreme Court repeatedly and even in 1907, flatly deny the concept of Webb and the 1917 Congress—Concept of latter merely repeats mistake of government counsel on which Supreme Court dwelt with emphasis in 1907—Ignores most important factor in Tenth Amendment, “people” or “conventions”—From the early Americans, “Who but the people can delegate powers? What have the state governments to do with it?” and “How comes it, sir, that these state governments dictate to their superiors—to the majesty of the people?”—Webb reads to the House a Fifth Article in which “conventions” does not appear—Madison tells Webb and all of his Tory concept, “These gentlemen must here be reminded of their error. They must be told that the ultimate authority resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other”—Webb closes in the House with an eloquent appeal to every other follower of Mohammet. | ||
| XVIII. | The Tory in the Senate | Page 275 |
| Calm and sound reasoning of Federalist, advocating the real Constitution, contrasted with irrelevant personal abuse by those supporting the imaginary new Constitution—Latter, because facts and law make their Tory concept absurd, revive “impious doctrine of Old World” that human beings were made for political entities and governments—Senator Sheppard and his eloquent claim that American citizens, like other machinery, must be kept in good condition for their government owner—His “discovery” that the states, political entities, made the Constitution of America, the nation of men—Story of America (from May 29, 1787, to July, 1917) being a sealed book to him, he does not know that our Constitution is both federal and national—Supreme Court, in early days and in 1907, and Webster and Lincoln tell him his mistake—Not knowing the decision of Gettysburg, recorded at Appomattox, he chooses between Lord North of 1775 and Calhoun and summons the latter to prove that the American people did not make their Constitution and its grant of enumerated power to interfere with their individual freedom—Jefferson, Pendleton, Webster and many other Americans correct Sheppard’s error of fact—As the American people of 1776 accomplished their successful Revolution against government, may it not be the thought of Sheppard and other Tories that the Eighteenth Amendment has been established by a successful revolution of government against the people—Marshall again tells us of the American day when the legal necessity “was felt and acknowledged by all,” that every power to interfere with human liberty must be derived from the people in their “conventions”—Acting on the Congress proposal of 1917, governments of state citizens command the American citizen and create a new government power to interfere with his individual liberty—But no statesman has yet told us how or when, prior to 1917, we became “subjects.” | ||
| XIX. | Are We Citizens? | Page 298 |
| Hamilton thinks it a prodigy that Americans, in “conventions,” voluntarily constitute the enumerated First Article government powers to interfere with their individual liberty—Marshall, in Supreme Court, declares “conventions” to be the only manner in which they can act “safely, wisely and effectively” in constituting government of themselves, by making such grants—When proposed 1917 first new grant of that kind is supposedly made, American people and their “conventions” are completely ignored—The proposers have a Fifth Article which does not mention “conventions”—The proposers have the old Tory concept, that the people are the assets of the state and that government is the state—Still trying to find out how and when we became “subjects,” we expect to get information from the litigations of 1920—We expect great counsel, on one side, to urge the facts we know—We fear that other great counsel will urge, in reply, some fact or facts which we have not been able to ascertain—We are certain that there is no Eighteenth Amendment, if the facts we have learned are all the facts—That we may listen intelligently to all the great counsel, we review some of the facts we have learned. | ||
| XX. | Lest We Forget | Page 307 |
| “The important distinction so well understood in America, between a constitution established by the people and unalterable by the government and a law established by the government and alterable by the government”—Our first glance at briefs of 1920 gives us hope that some modern leaders have acquired the knowledge of Hamilton and his generation—We find, in one brief, in Marshall’s words, the Supreme Court statement of the fact that “conventions” of the people, not states or their governments, made the Constitution with its First Article grants of power to interfere with human liberty—But this brief, to our amazement, is that of the foremost champion of the only other grant of that kind, the Eighteenth Amendment, a grant made entirely by government to government—In 1920, seven litigations argued and reported under the one title “The National Prohibition Cases”—Distinguished counsel appear for many clients, for the claimed omnipotent Parliament of America, for the American government which we used to know as our supreme government, for a few state governments who did not wish to be part of the omnipotent Parliament, for those engaged in the lawful business of manufacturing, etc., the commodities named in the Eighteenth Amendment—Like the human right to breathe, such manufacture, etc., was not the privilege of a citizen—Both rights are among the human rights men have before they create nations and give governments power to interfere with some or all of their human rights—Citizens of America, giving their only American government its enumerated powers, gave it no power to interfere with the human right mentioned in the new Amendment—Human rights never are privileges of citizens—Citizens establish government to protect existing human rights—Only “subjects” get any rights or privileges from government—All early Americans knew these primal truths—Neither the French aristocrats, before French Revolution, nor Tories of 1776 in England or America knew them—Eighteenth Amendment Tories do not know them—Madison (in 1789) and Supreme Court (in 1890) knew that commodities named in new Amendment are among those in which a human right “of traffic exists”—In litigations of 1920, no counsel appear on behalf of the human rights of American citizens—But we know that no decision of our own Supreme Court, established to secure our human rights, although the decision may settle disputes between other litigants, can change us from “citizens” into “subjects.” | ||
| XXI. | Briefs Ignore the American Citizen | Page 325 |
| No counsel knows all are discussing whether Americans, twelve years after 1776, voluntarily became “subjects”—Common concept of all that Fifth Article a “grant” of power to state governments (of state citizens) making them attorneys-in-fact for citizens of America—Discussion entirely as to extent of power “granted”—Eighteenth Amendment concept that Fifth Article “grant” made some governments of state citizens a supreme American Parliament, unrestrained master of every human right of all American citizens—Opposing concept that the Fifth Article “grant” made those state governments a Parliament whose one limit is that it cannot interfere with the sovereignty of any political entity which is a state—Both concepts ignore supremacy of nation of men over federation of states—Both ignore dual nature of “one national and federal Constitution”—Both ignore “conventions” in Seventh and Fifth Articles as the citizens of the American nation—Both ignore that each state “legislature” is attorney-in-fact for the citizens of its own state and that no legislatures are (except Congress in enumerated matters) attorneys-in-fact for the citizens of America in any matter—Our facts, brought from our education with the early Americans, all ignored by all counsel in the litigations—The Virginia Convention itself and Lee, Pinckney, Hamilton, Madison, Wilson, Iredell and others state what all counsel of 1920 entirely ignore. | ||
| XXII. | No Challenge to the Tory Concept | Page 335 |
| Eighteenth Amendment rests on imaginary Fifth Article “grant” making the state governments of state citizens attorneys-in-fact for the citizens of America, empowered to give away all human rights of the citizens of America—“Grant” assumed in every brief—No brief recognizes that one supposed “grantee” is supposed “grantor”—Or that each of two supposed “grantees” was a competent maker of Articles (as proposed Articles were respectively federal or national) before and when the “conventions” made the Fifth Article—Or that Philadelphia Convention knew and held “conventions” existing ability competent to make any Article and state legislatures, existing ability incompetent ever to make Articles like First Article or Eighteenth Amendment—Or that Tenth Amendment declares no power given to state “legislatures,” while all ability to make national Articles “reserved” to “conventions” of “the people” of America—No brief challenges sheer assumption of Fifth Article “grant” or supports assumption by any fact—Every brief, for or against Amendment, is based on the sheer assumption—No brief knows that enumerated powers of only American government to interfere with human freedom can be changed by no one save the citizens of America themselves in their “conventions”—Madison’s tribute to these “conventions” in which “free inhabitants” constitute new government power over themselves—Hamilton explains great danger to human liberty if “legislatures” or permanent government bodies could create such new government power—That knowledge of his generation confirmed by story of government-made supposed Eighteenth Amendment—Our gratitude to that generation of men who (1776) made it and (1788) left it impossible that governments could create new government power to interfere with American human liberty—Our regret that modern leaders have not known this great and immutable protection to American liberty. | ||
| XXIII. | The Challenges That Failed | Page 350 |
| Supreme Court wisely writes no opinion in “National Prohibition Cases”—In each of four numbered paragraphs, Court states its own negation of one challenge made to new Amendment—All four challenges are negatived in seventeen lines of statement—First two challenges trifling and purely technical—Third challenge based on rights of the citizens of some particular state—Fourth challenge to “extent” of Fifth Article “grant” of power by “conventions” to “conventions” and “legislatures”—This challenge asserts “grant” which advocates of Eighteenth Amendment must and cannot prove—Court negative amazingly accurate—All counsel have argued incessantly about “extent” of power “granted” by Fifth Article—Court negatives in statement which speaks of power “reserved” in Fifth Article—Concept of “grant” disappears—Court knows what “conventions” knew, when they made Fifth Article, when they insisted on Tenth Amendment Declaration expressly stating the distinct reservees of the two existing powers “reserved” in Fifth Article—Supreme Court of Marshall’s day knows it and Supreme Court of 1907 knows it—“Citizen or Subject?”—Eighteenth Amendment answers “Subject”—Real Constitution answers “Citizen”—“Conventions” insisted on plain statement of correct answer—Counsel of 1920 do not know it—Their four challenges make plain that fact—All challenges based on error that governments of state citizens are attorneys-in-fact for citizens of America—In Virginia Convention and in Supreme Court, Marshall explains that powers of state governments “proceed not from the people of America” but from the citizens of each respective state—No counsel of 1920 knows this important fact. | ||
| XXIV. | Governments Claim Americans as Subjects | Page 371 |
| Patrick Henry, opposing Constitution in the “conventions,” knows that it takes power from the state legislatures and gives them no power—All modern leaders “know” that it gives those legislatures great power as attorneys-in-fact for the citizens of America—Many modern leaders “know” that it makes those legislatures an omnipotent Parliament over the citizens of America—No modern leaders remember 1781 and 1787 existing ability of the state legislatures to make federal Articles or Articles not creating government power to interfere with human liberty—Common modern concept that Fifth Article is “grant” to these “legislatures” and to the very “conventions” which made the Fifth Article—Leading brief, against Amendment, more than fifty times admits or asserts this imaginary and remarkable “grant”—Some extraordinary concepts of our American institutions in briefs—In a famous opinion, Marshall explains a fact and on it bases the entire decision of the Supreme Court—The fact itself is that the Constitution granted no power of any kind to the state legislatures—No brief knows or urges this fact or any of the facts we learned in the “conventions,” the facts on which we base our challenge to the Eighteenth Amendment concept that we are “subjects”—Briefs for the Amendment examined to find out why we are supposed to be “subjects”—Amazing claim that, when governments alone change the national part of the Constitution, Supreme Court has no power even to consider whether governments in America can make a change in the enumerated powers given to their own government by the citizens of America—Remarkable Tory concept that the number of Senators from each state is the only thing in America immune from government invasion, if enough governments combine—Indignation of American citizen changes to mirth when he realizes this concept to be only basis of thought that he is a “subject” or that there is an Eighteenth Amendment—American citizen, seeking to find (in the briefs for the Amendment) what happened, between 1907 and 1917, to make him a “subject,” startled to hear the answer, “Nothing”—Citizen’s amusement increased on learning, in same briefs, that whole American people, in Constitution which expressly declares it gives no power to state governments, made those governments of state citizens irrevocable and omnipotent attorneys-in-fact for the citizens of America—Amusement increased by finding that main champion of Tory concept quotes Marshall’s Supreme Court story of the making of the Constitution, but omits, from the quotation, the paragraph in which Marshall points out that everyone knew why the “legislatures” could not make and only the “conventions” could make the national First Article, with its grant of enumerated power to interfere with human liberty—Curiosity added to mirth on finding this brief echo Madison’s own knowledge that his Fifth Article contains nothing but “procedural provisions,” while brief bases its entire contention on mere assertion that Fifth Article is greatest grant of power ever made by free men to government. | ||
| XXV. | Citizen or “Eighteenth Amendment”? | Page 397 |
| Congress is only legislature with any power of attorney from the citizens of America—At very beginning and very end of original Constitution, citizens of America expressly so state—All briefs of 1920 based on asserted assumption denying those two statements and insisting Fifth Article is “grant” to governments of state citizens—Briefs for new Amendment assert “grant” made governments of state citizens omnipotent master of everything in America (including all human rights) save number of Senators from each state—On this Tory concept depends entirely existence of Eighteenth Amendment—Tory concept being absolute myth, Amendment disappears—Amusing to find Tory briefs for Amendment with American citations and quotations which annihilate Tory concept—Unconscious humor of Wheeler surpasses “Comic Blackstone”—Tory legions, fighting under crescent of Mohammet, claim to be American and Christian crusaders—Americans would have remained “subjects” if Parliament, passing the Stamp Act, had said: “You subjects must obey this command we make but, making it, we do not legislate”—“Statement” that citizens of America universally demanded this sole Amendment which attempts to change the First Article enumerated powers—“Proof” that 4742 Tory members of governments of state citizens said “Yes” to the change—Jefferson and Madison tell us that concentration of all power in legislatures “is precisely the definition of despotic government,” that 173 “despots would surely be as oppressive as one,” and that “an elective despotism was not the government we fought for”—Calhoun contended one state might defy supreme will of citizens of America—Tories for Amendment go far beyond doctrine finally repudiated by Gettysburg—On Tory concept that we are “subjects” of omnipotent government, assert that some governments of state citizens may dictate, in all matters of human right, what the citizens of America may and may not do—Echo from “conventions” which made Fifth Article, “How comes it, sir, that these state governments dictate to their superiors, to the majesty of the people?” | ||
| XXVI. | The American Citizen Will Remain | Page 416 |
| Supreme Court holds American people, “for most important purposes,” chose to be one nation, with only one government of the First Article enumerated powers to interfere with human liberty—America, the nation of men, and United States, the subordinate federation of states—Tories for new Amendment must prove that American people, as one “important” purpose, meant that governments of state citizens could interfere with every human right of American citizens—Reserved rights and powers of American citizens are entirely at their own direct disposal, for exercise or grant, “despite their legislatures, whether representing the states or the federal government”—American citizen must know this of his own knowledge or his human freedom will disappear—Emmett and Webster and their generation knew it—Madison writes Fifth Article and states exactly what it is to the “conventions” which made it—Hughes unable to begin his Tory argument for new Amendment without adding to that Madison statement what Madison pointedly did not say—Senate now about to repeat 1917 blunder that governments of state citizens have aught to do with altering the national part of the American Constitution, which part is within the exclusive control of the citizens of America themselves—“Conventions” are the people—“Legislatures” are governments—“Citizen or Subject?”—Supreme Court answer certain—Court’s history and traditions show American concept of Hamilton that this Court bulwark of American citizen against government usurpation of power to interfere with human liberty—Webster forecast Court decision on new and Tory Amendment, answering “Citizen or Subject?”—All Americans once knew same correct answer to same question by Pendleton in Virginia Convention of 1788, “Who but the people can delegate power? What have the state governments to do with it?” | ||
| APPENDICES | ||
| I. | The Original Constitution of the United States | Page 445 |
| II. | The Resolution Which Proposed the Constitution to the Conventions of the People of America | Page 458 |
| III. | The First Seventeen Amendments to the Constitution | Page 460 |
| IV. | The Alleged Eighteenth Amendment | Page 465 |
| V. | The Nineteenth Amendment | Page 466 |