The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-30
Proposed Constitutional Amendments.

ally averse.
Proposed Constitutional Amendments
Tho present Congress Ia likely to witness
rcsolute attempt to modify our Federal
Constitution nearly forty amendments tC
that instrument having been already pro
posed A glance at them will show that
under existing circumstances. not more
than one OF them has q chance OF being
adopted. Even II any OF the rost could
secure in its favor two-thirds Of both houses
of the Federal legislature II would have
no prospect OF being ratified by tho Lcgis.
Iatures or Conventions Of three-tourths of
the States.
In both the Senate and House Of Rep
resentatives. constitutional amendments
have been proposed giving Congress the
power to levy taxes on all incomes, such
taxes to be uniform throughout the United
States and to be collected without regard to
the sources from which the income fnny bo
derived. The purpose. Of course. OF these
amendments is to confer on Congress the
power which was denied 10 it by the last
decision ofthe United States Supreme Court
on the subject. 1t is improbable that an
appointment TO this effect can secure in
either branch of the Federal legislature even
the majority OF one which would be required
10 pass the ordinary bill and an attempt to
gain for IL the two-thirds majority pre-
scribed Tor n constitutional omendaton
would be obviously hopeless. Tho same
thing may he said for the proposed amend
ment providinGNthat United States Senators
shall be chosen by the direct vote OF the
people. Its doubtful whether such change
would be sanctioned by oven n bare major
ity OF the Senate and n two-thIrds vote In
its favor is out of the question.
Impracticable, also, are the amendments
which deal with the duration and nature Of
the Presidential office. Senator HARRIS OF
Kansas. for example proposes that tho
term Of n President shall be limited to six
years, and that he shall not be reeligiblc.
Such Limitation was, at one time adopted
by tho Federal Convention OF 1897, but was
ultimately stricken out and superseded by
the existing provision. Tho experience OF
a hundred and ten years has convinced
most students OF our institutions that.
while there are some objections to the pres
ent arrangement, these are outwcighed by
the considerations that may he advanced on
its behalf
Even less can be said for the proposal
put forward by Representative ROBERTS
OF Massachusetts, who would have the
Constitution amended so ms to allow a
President TO appoint Senators or Repre-
sentatives to places in his Cabinet without
impalring their right to continue to hold
their seats In the Federal Legislature. The
ultimate result OF such n change would
inevitably be to transform our Presidential
system into tho Parliamentary type OF
government. That is 10 say, the real head
OF the Executive would be Prime Minister,
appointed or dismissed in conformity TO
the will Of Huctuating majority in
the House of Representatives. There
Is not the slightest chance that such
an amendment will be accepted by
Congress- much less that it would be
ratified by tho Legislatures or Conventions
OF three-fourths Of the States
As for tho amendment giving Congress
the power to establish throughout the
United States uniform laws against trusts.
1t will be long time before tho country
will consent to take so long and perilous a |
step toward Capitalization as would be in |
volved In the bestowal OF the power To !
restrain trade and production within the |
boundaries OF q State upon the Federal |
legislature.
. There are two other amendments which. |
although plausible upon their face, would.
II adopted, encroach seriously upon the
powers reserved by the Constitution to the
several States. II Is well known that. Mt
present, although Congress is prohibited
from passing any law respecting the cstab-
lishment of a religion or prohibiting the
free exercise thereof, any given State Is at
liberty to do So Our Federal Constitution
never would have been framed, much less
adopted, had any attempt been made
In the Philadelphia Convention OF 1887
10 limit the powers OF State in this
particular. Two amendments, however.
one offered in the Senate and ono in the
House now propose TO change tho Con-
st'tution In this particular, by prohibit
ing not only Congress, but every State.
from passing any law respecting an estab-
lishment OF religion or hindering the FREQ
exercise thereof, or from contributing any
moneyin aid of any religious denomination.
or OF any institution wholly or partly under
sectarian or ecclesiastical control,
Another effort to infringe upon what has
always been deemed an important pro-
vince OF State jurisdiction is embodied in
a number OF amendments, the common
am OF which Is to give Congress the right
TO establish uniform laws relating to maj
rage ana divorce throughout the United
etates' Even II such an amendment could
be adopted, the power thereby conferred
upon Congress would scarcely be exercised
In the way desired by the advocates OF n
rigorous divorce law for r,aroho,,, -.
sress would reflect the views OF their con- {
s.'tuehts' and In the great majority OF
e'ates' u divorce laws are VIGOROUSLY