The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-03-15

State IAGislaturos to demand NAHons'
Con vention. imagining that suoh con.
vention would necessarily conhne itself
to the question whether United States Sena-
tors should be elected BY the people. As
Prof. WOODBURY. points out, the power OF
the people Of the United States to alter the
! Federal Government and the State Govern
] ments to suit themselves, or. In other WORDS
1 TO redistributs the powers that they now
possess. Is unlimited and absolute; that 10 to
| say. II 10 sovereign. The organs through
which this sovereignty IL Expressed or
| through which this sovereign power V ex-
eroised, are the State and National Govern
ments, or, II might be. a National Con-
vention provided the proposals OF such
convention should DO ratified by Legisla-
lures or State conventions In three-fourths
Of the States. II Q National Convention
were oncs convoked, II might make the
most revolutionary proposals. ons OF whioh
almost certainly would be the extinction
Of equality Of representation on the part
OF the smaller States In the United States
Senate: and nothing could prevent the con-
summation Of the revolution. provided
II were sanctioned by the Legislatures or
State Conventions Of three-fourths OF tho
States. II socialism ever becomes thum-
plant in the United States, II will probably
Be through such . process. It would b
very difficult, however. TO secure the sssent
Of three-fourths Of the States to Socialist
programme.
III.
The doubt as to the nature OF tho Union
under tho Constitution a. regards the rela-
tions OF the States and the nation was set
At rest BY the Civil War. To use the Ian
glage Of the United States Supreme Court
In the case Of Texas VS.. White, what We
now have Ia AN indestructible Union OF
indest ructible States With reference TO
the second question, What are the limits
TO the powers Of the Federal Government
on the one hand and OF the State govern
ments on the other' 1t must be admitted
that events and the decisions OF the United
States Supreme Court have given pre-
ponderance to the answer suggested by
Hamilton rather than TO that returned
by jefferson. Tho last-namsd Statesman
not only taught. what 10 admitted. that
our national Government is limited, and
not sovereign and plenary, In ito powers.
but he also inaisted that the Judicial de-
partment OF the United States Govern
ment could not hind the FL ecutive a. to
the construction Of the Constitution, and
he repudiated the theory Of imp6sd pocers
and rssuiiNe povers. In his opinion on
the constltutionanty Of the hrst United
States bank, he says: AN powers not
delegated 10 the United states by the Con-
stituuon. nor prohibited by 1t TO the States.
are reserved to the States or to the people.
To take . single step beyond the boundaries
thus specifically drawn around the powers
Of Congress Is to take possession OF bound
less field OF power no longer susceptible
Of any definition. To Congress was not
given power TO provide for the general
welfare, but only TO 10y tdxes for that pur-
pose. To consider the 'general-welfare
phrase as giving distinct and independent
power to do any act they please which
might be for the good OF tho Union would
render all the preceding and subsequent
enumeration Of powers completely useless.
II would reduce the whole instrument to
single phrase. that OF instituting Congress
with power to do Whatever would be. In
! its judgment. for the good OF. the United
, States In the sane opinion Jefferson
said: The Government created by the
| Constitution Including. Of course. the
judicial departmentl was not made the
| exclusive or hnal judge Of the extent OF the
powers delegated to itself; since that would
have made its discretion. and not the Con-
.tIt,,,aon. the mcasure Of its poverr The
construction applied by the General Gov
eminent % thai mart Of the Constitution
~h,ch d.issst.. ~ Con.r..n a nover 20
-. al ,a-s that shsjI he nscs.sarv and
$50, %, =. rr,,;n~ into srsc,,ion the
~r .a.,sd ~ -. Con.,i,r,ion in the
rs...,.s~,, =, ~. T,,,,sd s,.,.. or any
d.,.r.rn.n, ,h.rso, ,o.s 70 the dos,r,c.
,,nr ~ Al, the lmits prescrbed 10 their
,~w.r nv ,ha con.tj,ution Wo,ds rea.f
- ~ ..S.,dio,y n IA. sneeutior on Tmited
800. ovon 40, 10 5. a. oon.tru,d az 10
n;rs gnEmifsd no,c,,s nor a nan 40 10 B,
soL.. a, n d...yoy "a, vhole ,e,idvs Of "a.
;.s,r,.snI. Ja6er.on bsld that the verv
g., ,h., avn. ,,ov.r. were s,ecacaIly
"rs,,sd mus, bs ,sksn 70 mean tha, those
-, ~, .,,a~ia.d ere xi,bhald according
-, no ,hs "a roari,, "a. .rcen,ions =, rsnethen
| ~ 80. ~ . I.x IN cases 90, s.ocn,.d
.nun,.r.,,on ~esLsn, 4, in ca.es No,
.,,,ns..,.d
I, Il worth recs llins that Je6erson, Jack
son. TYLER. Buchanan. sumner and Lincoln
,uocossiyeiy declared tina, they did not
| ,.-.rd "a binding an intsrprrtation OF the