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The Pamphlet Collection of Sir Robert Stout: Volume 8

Constitutional Rights

Constitutional Rights.

In a democratic society such as ours, where government derives all its power from the people, and where it is strictly limited in that power by written constitutions, it may be safely assumed that no action could be had affecting so large and powerful an association as the liquor interest without a most jealous scrutiny as to its authority and rightfulness. Indeed, I might go further, and 6ay that no enactments have ever had to encounter more hostility to break their force, or render them inoperative, than page 3 prohibitory statutes. If therefore, after such ordeal they be found, established in the judicial opinion of the whole country, there ought to be no further carping at them as being indefensible or unconstitutional.

Let me say, then, once for all, that this whole subject has been passed upon by the Supreme Court of the United States, in a number of cases, and it has there been held, that such regulations do not conflict with the reserved power of Congress over commerce between the States, and is a rightful and proper exercise of power reserved to the people of the several States. Whilst some question was made as to importation of liquor in original packages, none at all was entertainted of the power to regulate even to prohibition, when once the package was broken after arrival.