into which we shall fall, if we do not awaken to a truer sense of the
duty that rests upon every member of a lawmaking body--to decide these
grave questions in accordance with the dictates of his own honest and
intelligent judgment?

* This should be self-evident; but if there were any room for doubt.
it would be removed by a reference to the language of Article V of the
Constitution: "The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose amendments to this Constitution"
which shall be valid "when ratified by the Legislatures of
three-fourths of the States." Thus Congress does not submit an
amendment, but proposes it; and it does this only when two-thirds of
both Houses deem it necessary. The primary act of judgment is
performed by Congress; what remains for the Legislatures is to ratify
or not to ratify that act.


CHAPTER V

THE LAW MAKERS AND THE LAW

WELL MEANING exhorters, shocked at the spectacle of millions of
perfectly decent and law-abiding Americans showing an utter disregard
of the Prohibition law, are prone to insist that to violate this law,
or to abet its violation, is just as immoral as to violate any other
criminal law. The thing is on the statute-books--nay, in the very
Constitution itself --and to offend against it, they say, is as much a
crime as to commit larceny, arson or murder. But they may repeat this
doctrine until Doomsday, and make little impression upon persons who
exercise their common sense. The law that makes larceny, arson or