The Sovereign States: Notes of a Citizen of Virginia

By James Jackson Kilpatrick | Go to book overview

18
Interlude in a Speakeasy

IF THE flow of the commerce doctrine may be left in a literary bayou for a few pages, attention may be directed abruptly toward an entirely separate issue that resulted in sharp conflict between State and Federal authority in the period under consideration. This was, of course, the matter of national prohibition.

It is an everlasting testimony to the sincerity, the optimism, and the blind idiocy of man that no fewer than forty-six of the forty-eight sovereign States ratified the Eighteenth Amendment as proposed, late in 1917, by the Sixty-fifth Congress. Only Connecticut and Rhode Island kept their heads. The other States, losing theirs, agreed that after January of 1920, "the manufacture, sale, or transportation of intoxicating liquors," was to be prohibited.

But scarcely had the long dark night begun before a thirsty people, suddenly appalled, began to resist the amendment just adopted. Twenty thousand persons, spurred on by the late Mr. Mencken, paraded through the streets of Baltimore; another ten thousand participated in a protest before the Capitol in Washington.268 Bootleggers and rumrunners came forward, dutifully, to perform those patriotic services for which Nature had fitted them. In New York, an Association Against the Prohibition Amendment was chartered, with an announced purpose "to make the Eighteenth Amendment forever inoperative." Rhode Island made the mistake of testing the Amendment, only to be told that no State could undertake "to defeat or thwart" its provisions.269 Emiment attorneys urged Connecticut to take a still bolder position-- that not even forty-six ratifying States and the Supreme Court could take from sovereign Connecticut the power reserved in

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The Sovereign States: Notes of a Citizen of Virginia
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Introduction ix
  • Part 1 - The Sovereign States 1
  • 3 - The Articles of Confederation 8
  • 4 - "We the People" 10
  • 5 - The States in the Constitution 13
  • 6 - The Prophetic Mr. Henry 18
  • 7 - The States Ratify 28
  • Part 2 - The Right to Interpose 49
  • 3 - Debt Assumption 53
  • 4 - The Kentucky and Virginia Resolutions 58
  • 5 - Mr. Madison's Report of 1799 62
  • Part 3 - The States Fight Back * 99
  • 1 - The Olmstead Case 101
  • 3 - The Embargo Crisis 118
  • 4 - Matters of the Militia 132
  • 6 - The Hartford Convention 136
  • 7 - The Bank of the United States 139
  • 8 - Internal Improvements 144
  • 9 - Kentucky Vs. the Court 158
  • 10 - Georgia Vs. the Court 161
  • 11 - Calhoun and Nullification 174
  • 12 - The Case for Nullification 186
  • 14 - The Obligation of Contracts 199
  • 15 - After the War 216
  • 16- The Reconstruction Cases 222
  • 17 - The Commerce Clause (commenced) 231
  • 18 - Interlude in a Speakeasy 242
  • Part 4 - The States Today 253
  • 1 - The Southern States 255
  • 3 - Some Notes on Police Power 258
  • 4 - The Transcendent Issue 277
  • Notes 309
  • Table of Cases and Index 331
  • Table of Cases 333
  • Index 337
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