The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-07-01
How Came the Constitution of the United States
and Its Amendments
(Continued from Page 81


constitution. fundamental basic, SUI
preme. II the delegated legislature,
make the law it is a statute, and the
legislature, being merely an agent OF the
people. must carry out the authority, eX-
pressed or implied, committed to 1t.
The previous people-made law, even
though part of 1t is municipal in nature
and form. resulting in a constitution, Is
the charter from which the agent, the
legislature, gets its authority. II the
agent exceeds that authority derived from
the charter. its act is nullity and void.
unless ratified by the principal. If the
principal enacts a law, it is answerable
to no power within the state. The agent
NAV do less than the principal and may
do as much, If authorized; it may not do
more. But who will contend that the
principal may not do more than the
agent? II the principal has authorized
or delegated the agent to pass municipal
law, 1t inherently reserves the power TO
repeal that law, or pass one If the agent
fails to enact one These principles are
automatic and need no proof.
Now, applying this doctrine thus enun-
ciated to the people of the nations as the
principal and the Congress as the agent
of the principal, the people, it has equal
force, and equally adaptable and fitting.
It is even more extensive in its operation
than when applied to state powers. The
national power, principal or agent, acting
within its proper sphere, extends down.
ward over the state. The state power
principal or agent does not extend up
ward over the nation. The natlonal
power, the principal, has declared that
"this Constitution, and the laws OF the
United States which shall be made IN
pursuance thereof, and all treaties made,
rio
authority of the United States, shall be
the supreme law of the land; and the
Judges in every state shall be bound
thereby anything in the Constitution or
laws of any state to the contrary not
outstanding"
The supreme power of the land, the
people. has decreed and placed in the
Great Charter the Constitution, the man
ner in which it shall be amended. Ihat
Supreme power has been liberal and pro-
vided two ways for bringing about amend
ments to the Great Charter.
Eleven times the power to amend has
been exercised and of the two methods
provided, the same has been used every
time. Why single out the Eighteenth
Amendment and question its validity,
when it was passed in the exact manner
and with the same exact caretulneSS as
all the other eighteen were passed?
FIRST 10 AMENDMENTS ARE
ADDITIONS"
Third-It is an addition to, and not an
amendment, of the Constitution.
In persuing the first ten amendments
we find all of them to be entirely new
They do not amend anything already in
the Constitution. They change nothing
already provided. They are mere addi-
tional projections TO the individual citi-
zens. Indeed that is why they were de-
sired and proposed. 1t was contended
that the states and the Federal govern
ment had their protection and the in
diViduals had none. If this contention be
true then when they are provided, why
are they not additions and not changes
or amendments?" Others commended that
the original document did provide protec-
tions. but to clear up any doubt the ten
additions were suffered to go in, and they
were so intended. The seventh might
possibly be construed as an exception and
be conceded to be an amendment The
ninth and tenth are merely declaratory
of what might be found in the ConStitu-
ton by fair inference.
In 1847. James Buchanan, as Secre-
tary of State of Folks Cabinet, formally
proclaimed over his official signature,
after enumerating all the amendments,
that they were the additions to, and
amendments of, the Constitution of the
United States"