The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1883-08-29
Constitutional Prohibition.

The QuPSblOn WHETHER or nOU pTOHlDl-
ton ia practicable is one, and the question
whether or not IL is wise to insert pro-
hibitory clause into the organic law of a
state is another. One might favor pro-
hibitory law and disapprove of prohib-
itory amendment to the constitution. Not
a few intelligent prohibitionists deplore
the ATTEMPT now being made in several
states to incorporate prohibitory legisla-
ton into the constitution.
Most iurists agree that the constitution
of the state should be simply bill of
rights and body of general rules in &C.
cordance with which the legislation of
the state must be framed. Specific legis-
latiou in the organic law they regard as
great mistake. This ought to be left to
the legislature. The attempt to hamper
the expression of the popular will by con-
stitutional provision, and to take away
from succeeding generations the right to
decide az to how they shall order their
lives, they consider both unwise and
nugatorv. As a matter of fact, the thing
cannot be DONE No matter what is in
the constitution, the people will decide
for themselves, year by year, what the
manner of their life shall be. Especially
is it true of all questions relating to NOR
ais, that one generation cannot settle them
for another. The opinions of men re-
specting matters of conduct are con-
tinually changing, and these changes of
opinion should be free to find expression
in the statutes. The public sentiment of
this time reprobates some acts that were
tolerated in former times, and recent laws
forbidding these acts register the inn
proved morality. The public sentiment
of this time tolerates some acts that were
reprohated in former times and the laws
forbidding these acts are, or ought to be,
repealed. The laws under which we live
should fairly represent the moral convic-
tions of the people who live under them
if the laws embody higher morality than
that which the people recognize as bind
ing, they become imperative, and the fail
nre to enforce them induces a disregard
for all laws if they embody moral rule
lower than that by which the people live,
they must have demoralizing influence.
In government of the people, the people
must be left free to govern themselves !;
and the attempt to tie them up, or hedge
them about, by constitutional provisions,
SO that they cannot order the common
affairs of their lives in accordance with
their present ideas of right and wrong, is
mistaken policy.
Besides, these constitutional amend
ments are of no effect whatever until laws
are made by the legislature embodying
their provisions. After the constitutional
amendment prohibiting the manufacture
and sale of alcoholic liquor is adopted by
the people, no man can be punished or
prosecuted for the manufacture or sale of
alcoholic liquor until the legislature has
passed probibitory law to CORRESPOND
with the constitutional amendment Rum
will be just as free after the passage
of the amendment as it was before, unless
the legislature pleases to enact prohibit
tory law. This is a point concerning
which there seems to be not little mis-
apprehension. Those who have had op-
portunities of getting at the popular ideas
report that there are multitudes of Jealous
prohibitionists-of those reputed to be
gent-who imagine that the passage
of an amendment will settle the whole
matter forever, taking it wholly out of the
hands of the legislature, and who express
great establishment, and even incredulity,
when informed that this is not the case.
Certainly they ought to act intelligently
in this matter. If they propose to vote
for an amendment with such expectations,
it is time that their minds were disabused.
Constitutional amendments have no force
whatever until laws are enacted enforcing
them. Men are never prosecuted in the
police courts for violating the constitu-
ton. Unless there is some statute of the
state or some ordinance of the city under
which they can be arraigned, they cannot
be punished.
If, therefore, the legislature should en-.
act probibitory amendment, then prohi.
bition would be in force, not otherwise
1t is probable that legislature chosen at
the same election at which the amend
ment was passed would agree to enact a
prohibitory law. But the next legisla.
ture would have power to repeal this law
or, leaving the law on the statute books
frame such methods of procedure under
it that it should be practically inopera
tive. And the next legislature, or some
future legislature, would be very likely tc
do some such thing as this unless the
public sentiment of the state were con
stantly educated to demand prohibition
and unless the voters of the state were
careful every year to return men to the
legislature who thoroughly believed in
prohibition. Whatever the constitution
may say, therefore, all the power re
mains in the legislature. The legisla
ture may neglect or refuse to pass law
enforcing the amendment; or, if such
law be passed, any future legislature ma!
repeal it, and refuse to pass another, O.
may take all the life out of it by Grip
ping amendments. Anxious politician
and sanguine reformers talk of takinl
the question out of politics by means o.
constitutional amendment. II canno
be taken out of politics. 1t remains ant
must remain, in the hands of the peopl
and of their representatives in the legis
lature.
"But the amendment itself provides,
it is sometimes said, that the legislator
shall make law enforcing it," And ther
are those who actually put their trust il
this word "shall"l But who will compe
the Legislators to obey this command. o
punish them for disobeying it HOY