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


one OF the original and inherent powers
powers that come to Il from tho nature Of
government, from the necessity and usagcs
Of government Hamilton called these
powers resulting potrers Implied porers
are drawn from specific and express grants
of power. They arc implied necessarily
In those powers that are granted. Re-
suitina poper,, on the other hand, como
from the very character Of the National
Government itself, and from the functions
1t has to perform--from tho whole scope
and nature OF the Constitution. The NJ.
tional Government cannot be, Under tie
Constitution. ayGovornment OF unlimited
powers; but every power essential IA the
life and processes OF . nation must he con.
coded 20 It. II must he allowed to perform
every national governmental function
which any national sovereign Government
can perform. and from which II lie not de.
barred by the restrictions Of tho Cons,i.
tuition. According, indeed, TO the decision
Of tho United States Supreme Court In tho
recent insular ceses. even the express pro.
hibitiops Of the Constitution do not restrain
the National Government from the exercise
OF sovereign national powers. Thus it was
held by majority Of one that the uniform
revenue clause Of the Constitution doe,
not bind Congress in the government Of
the islands ceded by Spain. That is to say,
In this particular. at, all events. the Con.
stltution OF the United States Ii not the
Constitution for Porto Rico.
On page O, attention Ia directed TO tho
fact that, while our Federal Constitution
Ia generally spoken Of as written. II is not
entirely written. There are many instances
Of Constitutional understandings In Amer
lea. practices and precedents, ha wing all thu
force Of law. that have been established
by usage. Thus Prof. woodburn regard,
It a. the law Of the unwrittcn Constitution
that Presidential electors have no right
10 exercise their discretion in voting foe
Presidential candidates; they must vote
for their party nominee" that "a President
may not be elected for third term that
q President may remove his appointecs
without asking the consent Of the Senate
that -the House and Senate both conduct
their business by the committee system,
the committees in the Senate being elective,
while in the House they are appointed nv
the Speaker; for this system there Ia no other
basis than the usAge and standing order
Of each House, that the Senate will not
refuse TO confirm Cabinet Appointments
that = member OF Congress must reside
in the district from which he 10 chosen
and that -the party caucus determines
the course OF party action. and Q resulting
oblieation rests on the individual members
who participate In the caucus to obey tho
decision OF the caucus nesting. This re-
lates TO our party constitution. 1t may
b. said that all our party law regulating
the constitution OF our party machinery
and proceedings Of party conventions Is
rnrrihsn law IL consists Of nothing but
precedents and customs; and the last legis-
iator Of the party. that IL, the delegate
convention, may change the party con-
stitution at will" Our authors conclu-
sion Ia that, while our Federal. or, as no
prefers 10 call II. our National, Govern.
ment 10 one OF q written Constitution.
the fact has not made It infiexibly rigid.
nor prevented II from expanding by con-
struction and usage; that, while It is limited
In It's functions, 1t may exercise original
and inherent powers, as may any sovereign
nation In matters essentially national;
that, while Il IA . democratic republic, Its
democracy is limited by Constitutional
safeguards. and that. while Il 10 national,
b II also federal.
In a chapter on the Federal judiciary
Prof. woodburn expresses the opinion that
the reversal OF the United States supreme
Courts decision In the legal-te nder case
revealed the weak point in the organization
OF that tribunal. 1t 10 within the power Of
Congress and the President to pack the
court II they have a mind to do 20. The
number Of members Of the court can bs
increased BY act OF Congress from nins
to fifteen. or to any other convenient num-
Der. II Congress and the President are
determined 70 do what the court ASSERTS
TO be unconstitutional. they have only 10
reorranize the court by increasing the
membership. and by filling up the court with
Judges who will make the desired decision
II the opinions Of the Presidents new sp-
pointees TO the court can be known In sd.
vance, a. often In by no means impossible
almost any case that Il IL desired to have
reversed could be reversed In this way
This would, Of course. impair the usefulness
OF the court, and. while this manner Of
controlling II by political legislation 70
possible. II Is hardly probable. Our author
thinks that the respect Of American citizens
for law and for their highest legal tribunal
may be depended upon 10 restrain action
In this direction.
In . volume packed ~ this IL with state
msnts Of fact. IL would be astonisbins II e
did not observe few insdysrtencie.. sGch
o. no doubt viii be corrected In second
edition OF this work. which. Se feel SURF 'il
be called for. On page iss, the author sAv
that In is7t John Quincy Adams had -
elsctorsl votes and Jackson ~ On 10
very neat pAss. hs ssys that IA is7' Jacsr'a
had - electoral vol-s. While Adams hth
only " On page sts he sss-rts 'hs' 10
whole I,egi.lsiurs ~ Delaware hAs bu' A"
msspl,ef. ~ . matter u fast. vheu ia
brsnnis- ~ The Dsls~sf- Legislature ms''
la JOINT s~--lon. the whole Bumb-f II ms'n'
t~fs 10 90 On Page 81 90 read tia '''a'
lnx and COLORADO sdmI women to u' So.
sssl pvafsss. Tho same ,hiLE " u1s
TOO oshsf s,slss Co psss 40 osf sl'ls
ssys ,Lsl. under ~ hso-sssl' tl' We
prs-sdsnl 10 bls seoSslssy ~ s,ais u -
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f.nsslai.s wi,lsi. under tho f~isisl sis'-s
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80 l..a sssslIssi by NJ bsl iL.i i.-n.'5'
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