Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1901-09-25

10 the Constitution Fiction?
One of the essential demands of
Democracy Is that the different depart
ments Of government shall be subject
to the limitations of written Constitu-
ton. The theory of a Democracy upon
this point is very simple. 1t is pre-
sumed that the right of sovereignty re-
sides In the people; that they delegate
certain powers to government and that
all powers not SO delegated continue to
reside in the people, and that the dele
gated powers are explicitly enumerated
in written Constitution. In SO far as
no generation can be wise enough for
all posterity provision is made whereby
the fundamental law may be SO altered
as to meet any contingency that may
arise. The object is to protect the peo-
pie from the arbitrary ambition or Ca
price of unwise or INSCRIPTIONS rulers.
The Constitution draws a line of de-
narration about each officer and de-
clares, THUS far shalt thou go and no
further" Thus the victims Of dcspotic
government have always looked upon
the adoption Of written Constitution
as a blow at absolutism and step to-
ward political liberty.
That such was the conception of our
revolutionary sires is universally admit
ted. The different departments Of gov
eminent were carefully kept independ-
ent of each other. And 1t was consld-
cred Of especial Importance that the Su-
preme Court should be absolutely indie
pendent of the executive department
and all other transient political influ-
ences. This was made decidedly clear
in the early decisions of John Marshall,
which came frequently in collision with
the expressed wishes Of the administra-
tion. 1t was considered proper then
that the Constitution should be Inter
preted rather than that an adminlstra-
ton should be indicated.
Nor was the Supreme Court the tool
of Congress. AS early as 1900 John
Marshall in the case of Marbury va.
Madison, held that any law of Congress
coming into opposition with the Consti.
tuition was void. And every law that
came before him for his consideration
was tested impartially and courageous
ly in the light of the Constitution and
accepted or rejected in accordance with
that light.
But times have changed. The court
has seemingly degenerated Into a po-
litical machine and by Its action justi-
fed the query of the jurist: us the
court abdicating Its judicial character
and assuming an anomalous political
function?" 1t would certainly seem so.
and If the constitution is to be SO con-
strued as to coincide with the policy of
the executive department then 1t has
lost its character and become a fiction,
and If the Supreme Court is to invaria-
bly, echo the verdict Of an election 1t
can no longer pretend to be the conser-
vative ballast whereby the people are
preserved from the irrational enthusi-
asms Of the hour. If the people intelli-
gently desire that which the constitu-
ton forbjds they have recourse to a
constitutional amendment, and during
the deliberate process of the change
they are given an opportunity to weigh
well the meaning of the change. The
possibility of the structure of govern.
ment being altered by one popular cleo
ton where minor considerations and
local causes play an important part is
dangerous. AS things now stand the
constitution is fction.-Indianapolis
Sentinel.
Republican Revolt in Wisconsin.
The movement In progress inside the
Republican party Of Wisconsin has no
precedent in any other States.
A majority of the Republican mem.
bers in both houses of the Legislature
have issued an address to the people
and especially to Republicans, de-
nouncing the interference and dictation
Of the Governor in the passage of bills
pending before the legislative bodies.
This action is inspired by indigna
ton against Governor La Toilette fol
his attempts to cocrce the Legislature
into the passage of his pet primary bill
at the late session. His method adopt
ed for that purpose excited the resent
ment of members Of the Legislature
and widespread opposition in the Re
publican party. The authors of the adj
dress and their Republican sympathiz
ers have formed permanent organiza
ton, with headquarters in Milwaukee
Officers of the organization are In con
slant attendance and press agent has
been appointed.
The address is strong document
1t starts out by quoting the constitu
ton of Wisconsin, which says: "The
Legislative power shall be vested in 8
senate and assembly," AS representa-.
tives Of the people the signers of the
address view with alarm the persist
ent efforts to strengthen the executive
at the expense of the legislative depart
ment of the State"
They charge that many unwarrant
able interferences with the exclusive
powers of the Legislature and attempts
to coerce acquiescence In unreasonable
acts and unwise experiments" occurred
at the late session. OF course the
charge rests against Governor La Fol
lette, and his policy Is said to be con
trary to the welfare of the people OF
Wisconsin,, while creating "bitter fac
tional differences in the Republican
party"
The primary bill which Governor Ii
Toilette tried to force through the Wis
consin Legislature was revolutionary
and set aside all previous usages II
party politics. Town, city, county, dis
trict and State conventions were abso
lutely abolished. The delegate or rep
Preventative system was superseded. AL
nominations were to be made by di
rect vote Of the people at the primaries
The primaries of both parties were t.
be held at the same time and place un
der rules for ,snpiring the contest IL
each party.
But the scheme was far deeper thar
that. Precinct committees were to b,
chosen at each primary. With from
two to five primaries in town o.
ward. the chairmen of the precinc
committees were to form the town
! rd oity oorn,,,it<onc rJ,l,., ol,n;.