The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-28
STRICT OR LOOSE CONSTRUCTION

AS Inc Herald has explained in pre-
vious articles. the Democratic party
| holds to strict construction of the
Constitution of the United States. On
the contrary. the Republican party con-
tends for a broad and loose interpreted
ton of the language of that instru-
ment, particularly wherein it defines
the powers Of the several branches of
the national government.
The Democratic idea is that the peo-
pie of the United States, and the states
which combined to form the Federal
Union, bestowed upon the national gov
eminent, in the Constitution, all the
powers which were thought proper to
tbestow upon the legislative, judicial and
executive departments. All other pow
ers except those which are enumerated
in the Constitution, the states and the
people reserved to themselves.
The Republican idea is that the gem
eral government may not only exercise
the powers which are specified and
enumerated in the Constitution, but
that by a broad and loose construction
OF that instrument other powers may
be derived by implication. This, as will
| be observed, takes away in effect the
limit put upon the authority of the
Federal Government, and leaves the
way open 20 arrogation of power that
may be fnimical to the rights of the
states and of the people which they
nave in terCaS retained TO themselves.
| It is agreed in favor of the implied
powers" idea, that exigencies arise
| through the change Of conditions and
Of times, which render necessary the
! exercise of power by the government
/ differing III some respects to that which
is written, and that if the government
! should be limited and restrained by the
! exact wording of the Constitution, it
would be crippled and rendered weak
and powerless in the face of some
great exigency not specially provided
/ for in terms in the Constitution.
| The Democratic idea of strict con-
struction is not so narrow and strin-
gent as Republicans would make it ap-
pear 1t is admitted that the govern
ment is endowed by the Constitution
not only with the powers described in
the actual terms Of that instrument,
but with the authority to exercise all
the powers that are necessary to carry
into execution what is written in the
Constitution. That, however, is differ
ent from the Republican idea, which
goes to the length of permitting the
general government to extend its au-
thority by implication over and above
and beyond that which is directly con-
ferred upon it in the Constitution.
The Democratic doctrine is that
should it become necessary in the pro
gress of events and the change of cir
cumstances surrounding the nation to
confer new powers upon the general
government, the proper way end the
only constitutional way to do so is bv
an amendment to the Constitution.
That is to say, the government may
not arrogate itself powers which are
not conveyed to it by the people. but
the people. being the source of all Do
litical power and authority in this
land, may enlarge the authority of the
government which they have estab-
lished, in the manner which they have
themselves provided for in the national
Constitution
The Democratic party would not take
from the national government one iota
Of power necessary to carry into exc
cution the authority vested in it by the
people. But it would keep the national
authorities within the lines so pre-
scribed, and thus maintain those re-
served rights of the state respectively
and OF the people which are retained to
them by Article Ten of the Amend
ments.
This is preservative of the balance
of powers intended to be established
when our political institutions were
formed. This is essential to individual
liberty and local self government. It
is to prevent the free people of this
country from being governed too much. /
The largest possible liberty to the indi-
vidual compatible with the general
welfare is the essence of Democracy. /
This is what the oppressed of the ma /
tons through all the ages have been
struggling for
To perpetuate that liberty it is abso- |
lutely necessary that the powers of the
various departments of government /
shall be clearly defined and strictly
limited. There must be no construction
OF the instrument that defines and linn
its those powers which shall be so loose
as 10 permit the grasping of new au-
thority and excessive powers, by which
the liberties of the respective states or
Of the people shall be in any way cur
tailed or infringed
Only by a strict construction of the
Constitution of our country can the
form of government which includes a
balance of powers between the respect
i've states and the general government.
each occupying freely IT'S own sphere
without collision and without coafr-
sion, be fully ard completely maintain
ed When this is departed from! that
will be the beginning of the end of the
grand and glorious structure which
was formed by the fathers of our coun-
try and which is the pride of every
patriotic American citizen.
WOMEN AND THE NEXT ELECTION