National Republican. (Washington City (D.C.)) 1872-1888, 1876-08-07
THENEw CONSTITUTIONAL AMENDMENT.

The proposed sixteenth amendment,
which passed the House by vote of 1865
to 5, is an evidence of a growing sentiment
in favor of free schools. The fact that both
political parties joined in the movement is
strong proof that the people whom they
represent are in earnest. The amendment
should be perfected and passed by the Sen
ate before adjournment Now is the time
to place the question of free common
schools on a firm basis. and remove it
beyond the control of any sectarian demon
nation. If this opportunity is allowed to
pass complications may arise that will in
volve the whole subject in doubtful con-
troversy for years to come. All who voted
for the proposition are entitled to the credit
of doing so in good faith, and it is fair to
assume that they will continue to support
it, however amended, so long as it accom-
plishes the end proposed. We venture to
suggest some notifications to prevent mis-
construction. 1t is provided by the resolu-
ton that ''no money raised by taxation in
any State for the support Of public schools, y
&C., shall be under the control Of any
religious sect or denomination. Would
this prevent the appropriation by State
of money raised by taxation for other than
school purposes to sectarian education?
Suppose State should raise all its revenue
by general taxation, and the money, when
so raised, should be paid into general
fund, is there anything in the proposed
amendment to limit the power of the
Legislature of such State IN the sppropria-
ton of such general fund? The following
is the proposed amendment, and we call
attention to Its peculiar language:
"ARTIcLE 16. No State shall make any law
respecting an establishment of religion, or
prohibiting the free exercise thereof, and no
money raised by taxation in any State for the
support of public shoots, or derived from any
public fund therefor, nor any public lands de-
voted thereto, shall ever be under the control
of any religious sect or denomination; nor
shall any money so raised, or lands so de-
voted, be divided between religious sects or de-
nominations. This article shall not vest, en-
large or diminish legislative power in the
Congress-"
The last sentence in brackets will, OF
course, be omitted in the amendment, as it
will be submitted to the States for ratifi-
cation. 1t would be an anomaly in the
Constitution, and it is difficult to under
stand its exact meaning. If the article
does not vest, enlarge or diminish legisla-
tive power in Congress what does it do.
and what place has it in the Constitution?
If 1t adds nothing to the Constitution and
cannot be enforced as all other parts Of
that instrument are enforced, it is no better
than blank paper.
The Constitution declares that "The
Congress shall have power to make all
claws which shall be necessary and
proper for carrying into execution the
foregoing powers, and all other powers
"uested by this Constitution in the Presi-
"dent of the United States. or any Depart
"ment or officer thereof" But the pro-
posed amendment vests no power in the
United States. And if the States should
disregard it, as many of them probably
would, Congress could pass no law to
carry 1t into effect. The whole question
would be left to the States, as it now is.
The States could do as they pleased after
the passage of the amendment, and that is
just what they can now do-nothing more
and nothing less. There is no way of split
ting the difference. The article must either
be par. of the Constitution or not part
| of that instrument. There is no use going
through the forms of amending the Consti.
tuition when in the proposed amendment
it is declared that no change should be
effected thereby. But it can easily be
remedied by emitting the last sentence,
and there can be no doubt that those who
passed the resolution to protect our free
schools from sectarian interference will
| readily assent to the amendment ia such
form as will make it operative.