The Washington times., 1901-07-14
Constitutional Government

In its editorial commentator OF the
decision of the Supreme Court in the
insular cases, the Review of Reviews
/ intimates that those who regard the
main decision as unsound manifest
some confusion of mind. and fail to
grasp the nature of a written consti-
/ tuition. and its relation to the exercise
! OF general powers of sovereignty by a
| government" Then that able publica-
zion proceeds TO say that there is no
nation in the world, and probably has
! never been one, in which any genera
tion supposed that it could devise a
written instrument Of organic law
which would effectively prevent its sue
cessors from availing themselves Of op-
portunities that might arise to extend
their territorial jurisdiction"
This in our judgment, shows the
identical Confusion of mind that is
imputed to those who question the
right Of Congress to exercise powers
anywhere independent of the Constitu-
ION. In the first place, it completely
ignoree the fact that in the framing Of
the Federal Constitution the founders
departure in government-making. The
purpose was to form a government
which should be essentially different
from any other in eXistence-one con-
sisting of different branches, wholly in
dependent Of each other. and with the
powers Of ali prescribed and limited by
the instrument which created them.
This excludes the idea of determining
the sovereign powers Of the American
Government by reference to the powers
exercised by sovereignties in general
The suggestion by the Review Of
Reviews fairly implies that no writ
ten constitution is binding upon gener-
atons succeeding the one adopting the
constitution. II that is sound doctrine
then tie value Of a written constitution
is indeed reduced to a minimum The
legal issue raised is not as to the power
Of the American Government TO "ex-
tend its territorial Jurisdiction" No
body seriously desires that The point
is that the jurisdiction over new terri
tory must be exercised under the Con-
stitution. The fathers OF the Republic.
after q successful rebellion against the
exercise of arbitrary power by Great
Britain. surely never intended to estab-
lish a government that could act in the
same spirit of absolutism everywhere,
except within the narrow limits of the
original thirteen States. To suggest the
possibility Of such a thing IS to doubt
the sincerity OF those who laid the
foundations of what for more than a
hundred years has been regarded as a
constitutional government in the
broadest sense Of the term.
II may be granted that no generation
Of men can frame a constitution that
subsequent generations cannot change.
That would be an assumption of poll
tical omniscience that later generations
would not be likely TO recognize or ad-
nit. The convention which formulated
the Constitution perceived this clearly,
and provided a reasonable and proper
method by which the Constitution could
be amended so as to meet the require
ments of changing conditions. If there |
We're any merit in the claim that we
have outgrown the Constitution in the |
matter of new territory. OF in any other |
respect, it would mean nothing more
than that the instrument should be |
amended in the manner prescribed. But !
TO hold that mere partisan majority |
can set the Constitution at defiance |
upon the specious plea that 1t does not |
fairly meet existing conditions is equiv |
alent 10 denying 10 the Constitution any |
force or effect whatever beyond that |
OF an ordinary statute.
When we consider that four Of the |
ablest members OF the Supreme Court |