Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1889-08-01
ful learning shAll be encouraged in
one OF more universities.
The Constitution az Maine

ful learning shAll Dc encouraged in
one or more univsuitiss."
The Constitutions cf Maine:
TO promote this Important object,
the Legislatures are authorized, aad il
shall be their duty. to require the
ssveral towns to make suitable pro-
vision. at their own expense. for the
support and maintenance Of public
schools.
The Constitution OF Connecticut
THE fund called he school fund
shall remain a pe-ual fund. the
interest Of shich shall be inviolshly
appropriated to the sapport and en-
couragemsns ofpublis schools thsoueh-
out the State. and for the equal bene-
fit Of the people thereof
And last, ! shall quote the Consti
tuition Of New Hampshire. the State
represented by the author Of this bill:
1T shall be the duty Of the Lsgis-
lature and magistrates. in all future
periods of this Government, to cherish
the interests Of literature and the
sciences, and of al ssminaris. and
public schools.
And perhaps others had similar en-.
sctments.
Now Sir. with these sweeping de-
clarstions Of States rights on the sub.
jects in the State constitutions the
Constitutional Convention assembled,
and drew up the instrument that was
10 establish and preserve that nice
eqnipoise Of power between the Union
and tho still autonomous States upon
which our Government is founded.
That convention was composed Of the
sages of the Western World. Finding
the control Of this subject thus boldly
asserted BY the States, had it been
their intention 10 transfer it to that
higher jurisdiction whose limits and
bounds they were setting. who will
doubt but it would nave been done
like the power to declare war, and to
coiu money--in clear and unmistaka.
BILE terms?
Now what do we fnd in the Con.
stitution ofsetting the strong lang uage
Of the Ststes7 Absolutely nothing.
Search it from caption 10 18th amend.
ment. and the only cover for the as
sumption of this power. is the much.
abused declaration that Congress
shall have power to lay and collect |
taxes. to pay the debts and |
provide for the general welfare Of the |
United States" There il neither q |
Of the power to Congress, |
nor prohibition Of it to the States. |
Now bring TO bear the declaration |
that "The enumeration in the Consti.
tuition OF certain rights shall not be |
construed to deny or disparage others
retained BY the people" and. THAT |
the powers not delegated to the United |
States by the Constitution, nor prohib-
tied BY it to the States, are reserved |
to the States respectively. or to the |
people" and what foilowsp Why the |
conclusion is inevitable, and as clear |
as logic can make it, that the rover
here claimed was never vested in Con. |
gress. and having been claimed and |
exercised before and since exclusively |
and without question by the States
and by the people. it is theirs to-day
without reservation.
And what is the voice of the an. |
thorities on the Interpretation of the |
general welfare clause2 Learne,i iur. |
ists. ana others Who have given 30 |
much thought to the consideration of |
constitutional law, deserve, without |
question, an attentive hearing in the |
solution of the problamatic questions |
that arise under its construction. Do
they regard it as giving to Congress |
the plsnary power 10 lsgislate for the |
general welfare ~ seems best to its
omnipotsnt wisdom?
| shall quote only. q few Of the
many that bear upon this subject.
Pomeroy in his work on the Con.
stitution ssye: "If the construction
should be adopted which regards the
second clause Ito pay the debts and
provide for the general gelfare) AZ an
Independent grant Of power. il would
IN effect. be making the general
Unlimited. Providing
Tor the general welfare includsa every
thing that any government could
possibly do; and grant Of power 10
Ehese broad terms would be the same
rs making Congress ornipossnt.
Bancroft says "Ths phrase General
wslfsre.' though seemingly vague.
vas employed in q rigidly restrictive
'ense. to signify. in the language Of
Washington. NE concerns Of the
Union at large, not the particular
,olicv of apv State