The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-06

two Dakotas. Washington. and Utah
arc forbidden to establish any rule In
t~erfering with the freedom Of worship or relis-
ious sentiment, whereas no such prohibition
rests upon tho other States. which can. II they
| choose, by their State constitutions establish the
Roman Catholic or any other religion. Montana,
Washington. the two Dakotas, and Utah arc ro-
quired to establish non-sectarian systems OF
public schools, while any other State 10 at lib
erty to make by its State Constitution its public
school system sectarian. Utah is forbidden to
permit the existence Of polygamy. Virginia,
North Carolina, South Carolina. Georgia, Flor
ida, Alabama, Mississippi. Arkansas, Louisiana,
and Texas are prohibited from amending tho
franchise clauses of thoir Constitutions in GER
tain respects as to which the rost of the States
are free from restraint. Finally. Virginia. Missis-
sippi. and Texas arc forbidden to make race, color
or previous condition Of servitude n disqualif.
cation for holding Office or to amend their con-
stitutions 30 as to deprive any citizen of tho
United States of tho school privileges secured
therein. Tho conclusion drawn by Prof. Dun
ming, from all the historical facts recited, Is
that, at no time since the admission Of Ohio,
have all the States Of the Union been in the en-
joyment of equal powers under the laws of Con-
gress. The author submits that o principle Of
constitutional law under our system can never
DO said fully to DO established until IL has re-
ceived the positive sanction Of all free CO.
ordinate departments. Of the Government.
Tested by this rule, the theory Of equal
States falls TO tho ground. Neither by the Judi
ciary nor by the Executive has the doctrine been
decisively affirmed; while, in many cases. tho
action of tho Legislature has positively contra
dicted 1t. A century Of legislation cannot but
be regarded as offering n pretty strong founda-
ton for tho Interpretation Of any part of the
Constitution. 1t is the Legislature that must
interpret the Federal organic law in the first in
stance, and such Interpretation must stand as
sound until overruled by the Supreme Court.
In political questions. however. the Court has
consistently declined to assert jurisdiction. In
such matters tho action of tho Legislature is
conclusive. That the relation of the United
States to tho individual States in respect Of the
terms Of admission is q political question. there
is strong reason for affirming. II it Is, the theory
that oil States have equal powers must be re-
garded as defunct; II 1t is not. the theory can
only be galvanized into life by O powerful act
OF judicial construction.
1t is conceded. however, by Prof. Dunning
that, while such is the technical position in
constitutional lawiof the doctrine that the States
arc equal. yet the doctrine occupies a somewhat
different place in general opinion and practice.
Whatever differences may exist in the powers
which the States may exercise over certain sub
jects, the powers which they do exercise arc
everywhere substantially the same. For the
present this may BIO for the best, but 1t is sug-
gcsted that the differentiation Of interests in
the vast regions covered by the States may,
eventually, bring about q situation in which the
welfare of tho whole will DO best subserved by
an unequal distribution Of powers among tho
parts. For such IN inequality we have seen tho
presidents.