Professional Documents
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Original PDF Our Environment A Canadian Perspective 5th Canadian Edition PDF
Original PDF Our Environment A Canadian Perspective 5th Canadian Edition PDF
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xv
NEL vii
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How Science Works . . . . . . . . . . . . . . . . . . . . . . 63 Exploitation . . . . . . . . . . . . . . . . . . . . . . . . . 116
Scientific Method . . . . . . . . . . . . . . . . . . . . . . 66 Symbiosis . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Scientific Measurement . . . . . . . . . . . . . . . . . . 66 Environmental Systems . . . . . . . . . . . . . . . . . . . . 117
Inductive and Deductive Reasoning . . . . . . . . . . 69 Energy Flow in Ecosystems . . . . . . . . . . . . . . . 117
Meta-analysis . . . . . . . . . . . . . . . . . . . . . . . . . 71 Nutrient Cycles . . . . . . . . . . . . . . . . . . . . . . . 119
Alternatives to Reductionist Science . . . . . . . . . . . . 73 Responses to Environmental Stress . . . . . . . . . . 120
Weight of Evidence . . . . . . . . . . . . . . . . . . . . . 74 Humans in Ecosystems . . . . . . . . . . . . . . . . . . . . 128
Earth System Science . . . . . . . . . . . . . . . . . . . . . . 74 Working with Nature . . . . . . . . . . . . . . . . . . . 129
Complex Systems . . . . . . . . . . . . . . . . . . . . . . 74 Chapter Debate . . . . . . . . . . . . . . . . . . . . . . . . 131
How Research Becomes Knowledge . . . . . . . . . . . 80 Chapter Questions . . . . . . . . . . . . . . . . . . . . . . 131
Peer Review . . . . . . . . . . . . . . . . . . . . . . . . . . 80 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Choosing a Journal . . . . . . . . . . . . . . . . . . . . . 80 CHAPTER 5 Canada . . . . . . . . . . . . . . . . . . 134
Journal and Author Impact . . . . . . . . . . . . . . . . 80 Chapter Learning Outcomes . . . . . . . . . . . . . . . 135
Open Access Journals . . . . . . . . . . . . . . . . . . . 82 Why It Matters . . . . . . . . . . . . . . . . . . . . . . . . . 135
Misunderstandings about Science . . . . . . . . . . . . . 87 Canada’s Climate . . . . . . . . . . . . . . . . . . . . . . . 136
Use of Language . . . . . . . . . . . . . . . . . . . . . . . 87 Canada’s Geology . . . . . . . . . . . . . . . . . . . . . . 139
False Equivalency . . . . . . . . . . . . . . . . . . . . . . 87 Canadian Geography . . . . . . . . . . . . . . . . . . . . 142
Chapter Debate . . . . . . . . . . . . . . . . . . . . . . . . . 89 Canada’s Boundaries . . . . . . . . . . . . . . . . . . . . 143
Chapter Questions . . . . . . . . . . . . . . . . . . . . . . . 89 Indigenous People of Canada . . . . . . . . . . . . . . . 158
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 First Nations Early History . . . . . . . . . . . . . . . 158
CHAPTER 4 Our Planet . . . . . . . . . . . . . . . . . 92 First Nations Post-Contact . . . . . . . . . . . . . . . . 158
Chapter Learning Outcomes . . . . . . . . . . . . . . . . . 93 Inuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Why It Matters . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Métis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Matter and Energy: Basic Building Blocks of Nature . . 94 Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Matter and Energy . . . . . . . . . . . . . . . . . . . . . 94 Constitutional Federalism . . . . . . . . . . . . . . . . 160
Energy Density . . . . . . . . . . . . . . . . . . . . . . . . 95 Environmental Protection . . . . . . . . . . . . . . . . 162
The Law of Conservation of Matter . . . . . . . . . . 96 Fiscal Federalism . . . . . . . . . . . . . . . . . . . . . . 165
First and Second Laws of Chapter Debate . . . . . . . . . . . . . . . . . . . . . . . . 170
Thermodynamics . . . . . . . . . . . . . . . . . . . . . . . 96
Chapter Questions . . . . . . . . . . . . . . . . . . . . . . 171
Formation of Earth . . . . . . . . . . . . . . . . . . . . . . . . 97
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Calculating the Age of Earth . . . . . . . . . . . . . . 97
Earth’s Structure and Processes . . . . . . . . . . . . . 98
Earth’s Major Components . . . . . . . . . . . . . . . . . 101
PART 2: Ecological
Atmosphere . . . . . . . . . . . . . . . . . . . . . . . . . 102 Resources . . . . . . . . . . . . . . 175
Lithosphere . . . . . . . . . . . . . . . . . . . . . . . . . . 103 CHAPTER 6 Managing Ecological
Hydrosphere . . . . . . . . . . . . . . . . . . . . . . . . . 105 Resources . . . . . . . . . . . . . . . . . . . . . . . . . 176
Biosphere . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Chapter Learning Outcomes . . . . . . . . . . . . . . . . 177
The Biosphere: A Complex System . . . . . . . . . . . 106 Why It Matters . . . . . . . . . . . . . . . . . . . . . . . . . 177
Classifying Organisms . . . . . . . . . . . . . . . . . . 106 Development of Resource Management . . . . . . . . 178
Organisms in Systems . . . . . . . . . . . . . . . . . . 111 Environmental Assessment . . . . . . . . . . . . . . . . . 178
Competition . . . . . . . . . . . . . . . . . . . . . . . . . 115 Environmental Risk Assessment . . . . . . . . . . . . 182
NEL CONTENTS ix
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CHAPTER 9 Fresh Water . . . . . . . . . . . . . . . 298 Fish Stock Assessment: How Many Fish Should
Chapter Learning Outcomes . . . . . . . . . . . . . . . . 299 Be Harvested? . . . . . . . . . . . . . . . . . . . . . . . 353
x CONTENTS NEL
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Air Quality Indices . . . . . . . . . . . . . . . . . . . . 455
Tropospheric Ozone and Smog . . . . . . . . . . . 458
The Acid Rain Story . . . . . . . . . . . . . . . . . . . . 458
Challenges and Opportunities . . . . . . . . . . . . . . 461
Chapter Debate . . . . . . . . . . . . . . . . . . . . . . . . 464
Chapter Questions . . . . . . . . . . . . . . . . . . . . . . 464
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
Associated Press
Energy Resources and Environmental Impacts . . . . 472
Fossil Fuels: Oil . . . . . . . . . . . . . . . . . . . . . . . 473
Fossil Fuels: Heavy Oil . . . . . . . . . . . . . . . . . . 476
Fossil Fuels: Coal . . . . . . . . . . . . . . . . . . . . . 480
Fossil Fuels: Natural Gas . . . . . . . . . . . . . . . . 480
PART 3: Commonly Held and Hydroelectricity . . . . . . . . . . . . . . . . . . . . . . . 481
Legacy Resources: Nuclear Energy . . . . . . . . . . . . . . . . . . . . . . . 483
NEL CONTENTS xi
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Mine Closure and Reclamation . . . . . . . . . . . . 520 Chapter Questions . . . . . . . . . . . . . . . . . . . . . . 558
Responses to Environmental Impacts . . . . . . . . . . 523 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
Partnerships for Environmental Sustainability . . . 523 CHAPTER 16 Environmental Hazards and
Stewardship and Reducing Waste . . . . . . . . . . 525 Human Health . . . . . . . . . . . . . . . . . . . . . . . 560
Future Challenges . . . . . . . . . . . . . . . . . . . . . . . 525 Chapter Learning Outcomes . . . . . . . . . . . . . . . . 561
Climate Change . . . . . . . . . . . . . . . . . . . . . . 525 Why It Matters . . . . . . . . . . . . . . . . . . . . . . . . . 561
Further Sites of Mineral Extraction . . . . . . . . . . 528 Ways of Thinking about Health . . . . . . . . . . . . . . 562
Chapter Debate . . . . . . . . . . . . . . . . . . . . . . . . 531 Social Determinants of Human Health . . . . . . . . . 562
Chapter Questions . . . . . . . . . . . . . . . . . . . . . . 531 Types of Disease . . . . . . . . . . . . . . . . . . . . . . . . 563
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531 Non-communicable Diseases . . . . . . . . . . . . . 563
Communicable Diseases . . . . . . . . . . . . . . . . 564
Chemical Threats to Our Health . . . . . . . . . . . . . 576
PART 4: Getting to Tomorrow:
Air Contaminants . . . . . . . . . . . . . . . . . . . . . 576
The Overview . . . . . . . . . . . 535 Toxic Chemicals . . . . . . . . . . . . . . . . . . . . . . 577
CHAPTER 15 Waste . . . . . . . . . . . . . . . . . . . 536 Chemical Management in Canada . . . . . . . . . 580
Chapter Learning Outcomes . . . . . . . . . . . . . . . . 537 Risk Assessment for Toxic Chemicals . . . . . . . . 580
Why It Matters . . . . . . . . . . . . . . . . . . . . . . . . . 537 Risk Perception . . . . . . . . . . . . . . . . . . . . . . . . . 583
Canada’s Waste Stream . . . . . . . . . . . . . . . . . . 538 Chapter Debate . . . . . . . . . . . . . . . . . . . . . . . . 588
Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . 538 Chapter Questions . . . . . . . . . . . . . . . . . . . . . . 589
Waste Water . . . . . . . . . . . . . . . . . . . . . . . . 545 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
Air Emissions . . . . . . . . . . . . . . . . . . . . . . . . 549
CHAPTER 17 Cities . . . . . . . . . . . . . . . . . . . 592
Hazardous Waste . . . . . . . . . . . . . . . . . . . . . 550
Chapter Learning Outcomes . . . . . . . . . . . . . . . . 593
Emerging Substances of Concern (ESOC) . . . . . 552
Why It Matters . . . . . . . . . . . . . . . . . . . . . . . . . 593
Global Context of Waste . . . . . . . . . . . . . . . . . . 554
An Urbanizing Globe . . . . . . . . . . . . . . . . . . . . 594
Chapter Debate . . . . . . . . . . . . . . . . . . . . . . . . 558
Environment and Urbanization in Historical
Perspective . . . . . . . . . . . . . . . . . . . . . . . . . . 595
The Rise of Megacities . . . . . . . . . . . . . . . . . . 597
Urban Environmental Conditions and Trends . . . . . 598
The City and Food Production . . . . . . . . . . . . . 599
Atmosphere and Climate . . . . . . . . . . . . . . . . 601
Water Issues . . . . . . . . . . . . . . . . . . . . . . . . . 604
Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
Sustainable Housing . . . . . . . . . . . . . . . . . . . 610
Used Materials and Abandoned Sites . . . . . . . 613
Green Space in the City . . . . . . . . . . . . . . . . . 614
Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
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xiv NEL
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PREFACE
NEL xv
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Organization Chapter 4, Our Planet, discusses matter and energy and
Earth’s formation. It then discusses Earth’s major compart-
Part I: Our Environment ments: the atmosphere, lithosphere, hydrosphere, and bio-
Here we introduce the key concepts and processes funda- sphere. The chapter includes energy flow, nutrient cycles, and
mental to understanding our environment. stress responses and introduces concepts of evolution, adap-
Chapter 1: Environmental Change discusses the accelerating tation, natural selection, speciation, and extinction. It closes
rate of environmental change and the important concept of with a section on working with nature. Making a Difference 4
sustainability. It introduces students to the concept of the features Buzz Holling and his work on adaptive management
Anthropocene, Paul Crutzen’s popularization of an approach and ecosystem resilience. EnviroFocus 4 discusses the role of
that discriminates between the early Holocene’s human patch dynamics in ecological restoration. The Chapter Debate
impacts—small scale and local—and the more recent massive asks whether the expense and risks from sudden sea level rise
impacts of industrialized society. It discusses the differences warrant a more aggressive response than seen previously.
in Earth’s recovery from natural as opposed to anthropogenic Chapter 5, Canada, is a new chapter. It opens with a discus-
impacts. It then turns to a discussion of the nuances of “sus- sion of Canada’s climate, geology, and geography, and how our
tainable development.” It starts with a history of awakening current boundaries came to be established. This is followed by a
environmental concerns, highlighting Canadian perspec- section highlighting special ecosystems from each province and
tives—particularly our critical roles at the 1992 Earth Summit territory (EnviroFocus 5). It ends with a discussion of Canadian
and the opening of divergent perspectives among Canadians governance structures, constitutional federalism, Indigenous
by the time we reach Rio +20. Making a Difference 1 is a tribute rights, environmental protection, and fiscal federalism, and
to the late Bob Hunter, a founding member and first president of their impact on the environmental responsibilities of different
Greenpeace. EnviroFocus 1 proposes the need for a transforma- levels of government. Making a Difference 5 features the work of
tion of society, echoing ecotheologian Wendell Barry’s observa- the Group of Seven and its influence on development of a new
tion that you can’t have healthy humans on a sick planet. paradigm for Canadian art. The Chapter Debate asks how we
Chapter 2, Human Relationships with Nature, suggests ways should proceed with exploitation of shale gas.
humans are both a part of and apart from nature. It introduces
the concept of critical thinking, expands on world views, and dis- Part II: Ecological Resources
cusses environmental decision making with its attendant risks Here we introduce populations, habitats, their relationships to
of unintended consequences. This chapter now also includes an each other, and the environment.
updated human demography section. EnviroFocus 2 addresses Chapter 6, Managing Ecological Resources, is a new chapter
the Earth Charter, while Making a Difference 2 features the work that focuses on the assessment and sustainable management
of citizens’ panels. The Chapter Debate asks how environmental of resources. It covers the history of resource management and
policy and management are affected by world views. environmental assessment, including the implications of the
Chapter 3, Science and Environment, discusses various “ways status of the previous government’s changes to the Canadian
of knowing.” It explains the positivist epistemology of science Environmental Assessment Act. (It is important to note that
and the misunderstandings that can occur when the differences the 2015 federal election came toward the end of the writing
among the operational protocols of various disciplines are not of this fifth edition. Some things have already changed under
recognized. It briefly introduces Thomas Kuhn and the con- the new government and more changes will occur. Check out
cept of the scientific paradigm along with Karl Popper and the the Twitter feed [https://twitter.com/DrZ_environment or @
falsifiable hypothesis. Other topics include scientific measure- DrZ_environment] for updates.) The chapter introduces the
ment, statistical significance, significant figures, and inductive concept of environmental risk assessment, ecosystem-based
and deductive reasoning. There are sections on meta-analysis, management, and the increasing use of co-management and
weight of evidence, and the precautionary principle. The reliance on traditional ecological knowledge (TEK). Concepts
chapter introduces complexity and general systems theory, non- such as life-cycle assessment, economic valuation of nature,
linearity, and chaos. It includes a section on how research and environmental performance indicators are also discussed.
becomes knowledge: choosing a journal, peer review, open Making a Difference 6 features Professor Emeritus Henry
access journals, and journal and author impacts. It closes with a Regier, a central figure in the development of ecosystem man-
section on misunderstandings about science—particularly the agement. EnviroFocus 6 outlines the adoption of ecosystem
issue of false equivalency in the media. Making a Difference 3 management for the Great Bear Rain Forest. The Chapter
features the partnership between David Suzuki and the NHL’s Debate asks whether we should place economic valuation on
Andrew Ference on energy conservation. EnviroFocus 3 dis- ecosystem services.
cusses the value of long-term research. The Chapter Debate asks Chapter 7, Biodiversity, covers both international and Canadian
about the balance between individual and group rights with biodiversity issues, discusses how biodiversity is assessed and
respect to voluntary versus mandatory vaccination. measured, and why it is important. It covers how humans impact
xx PREFACE NEL
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MindTap Ian Dawe, Lorn Fitch, Dave Irvine-Halliday, Wil Holden,
Lawrence Nkemdirim, and Kees Vanderheyden kindly took
Offering personalized paths of dynamic assignments and
the time to write specific materials for this edition; thank you
applications, MindTap is a digital learning solution that turns
for your willingness to contribute your expertise. Many people
cookie-cutter into cutting-edge, apathy into engagement, and
responded to requests for information and photographs and we
memorizers into higher-level thinkers. MindTap enables stu-
thank you for your contributions.
dents to analyze and apply chapter concepts within relevant
We are very grateful for the assistance of the talented mem-
assignments, and allows instructors to measure skills and
bers of the editorial and production team at Nelson Education.
promote better outcomes with ease. A fully online learning
We would like to express our sincere gratitude to Jackie Wood,
solution, MindTap combines all student learning tools—
Elke Price, Christine Gilbert, Carolyn Jongeward, and Bob Saigh.
readings, multimedia, activities, and assessments—into a single
Others helped in other ways, and we would like to thank them,
Learning Path that guides the student through the curriculum.
too: Deborah Crowle and the CrowleArt Group, Dave McKay,
Instructors personalize the experience by customizing the pre-
and Ann Sanderson. We would like to acknowledge many others
sentation of these learning tools to their students, even seam-
who assisted in reviewing earlier editions of this textbook and
lessly introducing their own content into the Learning Path.
made important suggestions for improvements in this book.
Although remaining errors and deficiencies are ours, we extend
Student Resources our thanks to the following for their useful suggestions and
thoughtful comments, which helped to shape this edition:
MindTap
Stay organized and efficient with MindTap—a single destina- Darren R. Bardati, Bishop’s University
tion with all the course material and study aids you need to suc- Ben Bradshaw, University of Guelph
ceed. Built-in apps leverage social media and the latest learning H. Carolyn Peach Brown, University of Prince Edward Island
technology. For example: John Buschek, Carleton University
• ReadSpeaker will read the text to you. Tim Green, Georgian College
Lorelei Hanson, Athabasca University
• Flashcards are pre-populated to provide you with a jump
start for review—or you can create your own. Mark Hanson, University of Manitoba
Maxwell Ofosuhene, Trinity Western University
• You can highlight text and make notes in your MindTap
Michael Pidwirny, University of British Columbia
Reader. Your notes will flow into Evernote, the electronic
notebook app that you can access anywhere when it’s time Roxanne Richardson, Saint Mary’s University
to study for the exam. Silvija Stefanovic, University of Toronto
Barry Weaver, Camosun College
• Self-quizzing allows you to assess your understanding.
Michael Wilson, Douglas College.
• Videos provide additional insights to topics discussed in the
textbook
Finally, we thank our families for the commitment and sup-
Visit http://www.nelson.com/student to start using port they have given us during this project. We would like to
MindTap. Enter the Online Access Code from the card included dedicate this edition to all who have nurtured our love for this
with your text. If a code card is not provided, you can purchase Earth and our place within it. We also would like to challenge
instant access at NELSONbrain.com. ourselves, and every reader of Our Environment, to examine our
motivations, beliefs, and behaviours with respect to the environ-
Acknowledgments ments within which we live our everyday lives, and to take those
actions we can in moving our society and environment toward
The authors have benefited greatly from the assistance of many
a sustainable future.
people in preparing this edition of Our Environment. We would
like to extend special thanks to Vicky Falk and Kim Sanderson, Dianne Draper
who provided effective research assistance on previous editions. Calgary, Alberta
In particular, we acknowledge the essential research and writ-
ing contributions of Sharla Daviduik in bringing to fruition the Ann Zimmerman
“Making a Difference” component. Toronto, Ontario
The five chapters in Part I of this book introduce the key concepts
and processes fundamental to understanding our environment.
Chapter 1 discusses the accelerating rate of environmental
change and the important concept of sustainability. Chapter 2
examines world views with respect to the relationship of humans
and nature, and also human population growth and Earth’s
carrying capacity. Understanding environment means learning
about science and its protocols for discovering new knowledge,
the subject of Chapter 3. Chapter 4 discusses the building
blocks of nature, the complex system of the biosphere, and
ecosystem responses to stress. In Chapter 5, the focus is on
Canadian issues with relevance to the environment.
Muskoka Stock Photos / Shutterstock.com
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such grants should be valid only when there had been a “Yes”
evoked from three fourths of those conventions. If we would realize
the amazing ignorance, during the last five years, shown on these
matters, we must continue the tale of the proposed new Article.
Before the proposed Article had left the Senate for the first time,
what we now call Section 2 read, “The Congress shall have power to
enforce this Article by appropriate legislation.” With the section in
that language, the Joint Resolution was passed and sent to the
House of Representatives on August 1, 1917. (Congressional
Record, Vol. 55, p. 5666.) It was reported out of the Judiciary
Committee and taken up by the House on December 17, with the
proposed Section 2 reading, “The Congress and the several states
shall have concurrent power to enforce this Article by appropriate
legislation.”
Somewhat educated with those Americans whose experience
made them better acquainted with the science of government than
any other people in the world, we realize that only Mark Twain could
do full justice to the nature of this alteration to the proposed Section
2. It was not enough that Congress, because it did not have the
power to make a certain command to its own citizens, should ask
inferior governments, which are not the government of the American
citizens, to make that command. It was not enough that the
American Congress, when asking these inferior governments to
make that command, should ask them to give Congress a future
ability to make commands on that subject on which the citizens of
America had never given any government or governments ability to
make any commands to the citizens of America. The House
alteration in the second suggestion from the Senate would indicate
that the House became jealous of the Senate ignorance of
fundamentals in the relations of governments to one another in
America and in the relation of all governments in America to the
individual American. It is difficult otherwise to explain the House
alteration in the Section 2 of the Amendment which came from the
Senate. As the House reported the two sections back to the Senate,
this is what the two sections proposed. Section 1 embodied a
command (to be made by the inferior state legislatures) which
directly interferes with the individual freedom of the American
citizens on a subject not enumerated in their First Article. Section 2
embodied a grant of future ability to make similar commands on the
same subject, and the grant was to be from the state legislatures to
the Congress and to the very state legislatures who were supposed
to make the grant itself and the command of the First Section.
This is exactly the form in which the Second Section of the
supposed new Amendment was later ratified by these very state
legislatures. That Second Section has been the subject of unlimited
discussion for the past five years. Every one seems to have given it
whatever meaning pleased him at some particular moment. When
the House Chairman of the Judiciary Committee reported this
Section to the House he frankly stated that “We thought it wise to
give both the Congress and the several states concurrent power to
enforce this Article and let that power be set forth and granted in the
Article we propose to submit.” (Congressional Record, Vol. 56, p.
424.) But when Wheeler, counsel for a political organization which
dictated that governments constitute this new government of men,
wrote his briefs to uphold the validity of the new Article which Webb
championed in the House, he explained that this Webb Second
Section “does not add to the power already conferred upon
Congress by Section 1” but that “it does, however, make clear that
the power is reserved to the states to pass legislation in aid of the
acts of Congress.” As in most matters, the various champions of the
supposed Eighteenth Amendment are unable to understand and
agree upon the meaning of plain English. From time to time, in our
education, it will be clear that they do not know and understand what
the American people did in 1788 in their “conventions” but that, while
flatly contradicting one another, they are all satisfied that the
American citizens did give the state legislatures unlimited ability to
interfere with individual freedom of the American citizen. It seems
natural, therefore, to find Webb and Wheeler flatly contradicting one
another as to the plain meaning of Section 2 of the Eighteenth
Amendment. Despite the absurdity of the concept, Section 2 means
exactly what Webb stated it to mean when he brought it from the
House Judiciary Committee which had written it. It means, in the
plainest English, that the state legislatures grant to themselves (as
well as to Congress) ability to make commands of the very same
kind as the same state legislatures make, without the grant, in the
First Section. And it is a remarkable fact that, in all the comment on
that Section 2 for five years, no word has been spoken about this
ridiculous proposal that the state legislatures make a certain
command and then grant themselves the power to make such
commands. However, the absence of such comment has been quite
in keeping with the fact that our modern leaders and lawyers, during
the same five years, have never known or commented upon the fact
that the Eighteenth Amendment depends for its existence upon the
similar and equally absurd concept that the Fifth Article is a grant
from the “conventions” to the “conventions” as well as to the state
legislatures.
By reason of our education, we have many natural questions to
ask about that Section 2 and the unique House addition to its
supposed grant. While some of those questions may be academic,
inasmuch as we know that the new Article is not in the Constitution,
the thoughts which suggest the questions are strikingly pertinent to
our general query, “Citizen or Subject?”
In the first place, we recall the opening words of Section 4 of the
Fourth Article of the Constitution. Those words are, “The United
States shall guarantee to every State in this Union a Republican
Form of Government.” These words immediately precede the Fifth
Article. Moreover, the Supreme Court has decided that it is the
particular duty of Congress to see that this particular guarantee of
the Fourth Article is strictly fulfilled. (Luther v. Borden, 7 How. 1;
Pacific Telephone Company v. Oregon, 223 U.S. 118.) In the light of
these facts, we wish to know whether the Congress, which proposed
the change in Section 2, so that state governments outside a
particular state might give to the state government of that state new
power to interfere with its citizens, understood that the Fifth Article
was meant to enable Congress to originate any desired breach of
the guarantee in the Fourth Article. From our education, we know
that, so long as any state has a republican form of government, its
legislature can have no power to interfere with the individual freedom
of the citizens of a state except by the grant and continued consent
of those citizens themselves. We know that the citizens of each
state, in 1776, gave its legislature power to interfere with their
freedom in the matter which is the subject of the Eighteenth
Amendment. We know that, then or at any time since then and now,
the citizens of each state could take back that power so given. But, if
the governments of thirty-six states outside any given state, by the
Second Section of the Eighteenth Amendment, have granted the
legislature of that particular state a new and second power to
interfere with the individual freedom of the citizens of that state, in
the matter which is the subject of the Eighteenth Amendment, what
has become of the republican form of government in that state? No
republican form of government ever exists where governments,
outside a state, give to its legislature any power to interfere with the
individual freedom of its citizens.
The case of Rhode Island or Connecticut makes our point clear,
although the question is equally apt for any state, if the Eighteenth
Amendment is in the Constitution. Neither the American citizens in
Rhode Island nor the legislature of Rhode Island, which speaks only
for its citizens and not for any citizens of America, have ever said
“Yes” to the grant to the legislature of Rhode Island of this new
power to interfere with the individual human freedom of the citizens
of Rhode Island. The other power to interfere with that freedom, on
the same subject, which the citizens of Rhode Island gave to their
legislature, is a power which the citizens of Rhode Island can take
back from that legislature at any time. But, if the Eighteenth
Amendment is in the Constitution, the legislature of Rhode Island
has a power to interfere with the citizens of Rhode Island in the
exercise of their human freedom, which power has been granted by
governments outside of Rhode Island, and which power cannot be
taken away from that legislature by the citizens of Rhode Island.
We average Americans again ask whether the Congress, chosen
to fulfill the guarantee of the Fourth Article, understood the meaning
of the Fifth Article to be that it could suggest and originate any
desired breach of that guarantee?
In the second place, we would like to ask another question of the
Congress which proposed that Second Section and of all who uphold
the validity and the sanity of the Eighteenth Amendment. This other
question is about the two distinct powers, in relation to Prohibition,
which the legislature of every state must have, if the Amendment is
in the Constitution? The question is simple. When such legislature
passes an act like the Mullan-Gage Law in New York, who
determines which of the two distinct powers the state legislature
exercises? Is it the power granted by the citizens of that state and
revocable by them? Or is it the power granted by governments
outside that state, over which the citizens of that state have not the
slightest control? The query is a pertinent one. It is not beyond
reasonable assumption that the citizens of New York may amend
their state constitution and forbid their legislature to enact any
statutes interfering with the freedom of the citizens of New York, in
any way, on the matter which is the subject of the Eighteenth
Amendment. Such a step on the part of the citizens of New York
would be absolutely valid. It is not forbidden even by the remarkable
Eighteenth Amendment. Such a step would immediately deprive the
legislature of the State of New York of any power from New York
citizens to pass such law. Moreover, it would end that Law itself, if
that Law was passed in the exercise of the power, in such matters,
granted by the citizens of New York. If it were determined, however,
that the Mullan-Gage Law had been passed by the New York
legislature in the exercise of power delegated to it by governments
outside of New York, the Mullan-Gage Law would still remain a valid
statute. This would mean, of course, that the republican form of
government guaranteed to the citizens of New York, by the Fourth
Article, had come absolutely to an end. Our particular query, at this
point, is obviously one of considerable importance to us American
citizens, each of whom happens to be also a citizen of some state to
which the citizens of America made the guarantee of the Fourth
Article and imposed on the very Congress, which originated the
Eighteenth Amendment, the duty of having that guarantee fulfilled.
There are other equally pertinent questions which we might ask
about this unique Section 2 of the Eighteenth Amendment. We will
leave them for the present, so that we may continue the story of the
travel of the proposed new Article through the two Houses of the
Congress which suggested that governments exercise and give
government ability to exercise this new power over American
citizens, not enumerated in the First Article. We come now to the
days on which the House of Representatives and the Senate
discussed the Joint Resolution. In the recorded eloquence of the
advocates of the proposal, we shall find much to remind us of the
prevailing attitude in the British Parliament toward us in 1775. But, in
that eloquence, we shall look in vain for any echo of the Philadelphia
of 1787 or of the “conventions” in which Americans once assembled
and gave their only government its only enumerated powers to
interfere with their individual freedom.
CHAPTER XVII
THE TORY IN THE HOUSE