The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-25

is the greatest work ever, struck of
at any one time by the mind and pur-
pose of man.
THE FATE OF INVITATIONS.
When the Constitution was framed,
Il it was the first written Constitution in
the modern sense establishing popular
! representative government, and to-day
i it is not only the oldest, but it has seen
countless limitations arise. only to suf-
/, fer change and sometimes extinction.
! But our Constitution has remained a
monument of constructive statesman
ship. It has been interpreted by the
courts and by Congress, and in this
way has displayed fexibility which it
was believed no written constitution.
could possess; and although formed to
be the organic law for less than three
millions of people, occupying a COM
paratively small territory, it has shown
itself capable of serving the needs or
a great nation of eighty millions. who
have spread across the entire contin-
ent.
As I have said, one of the greatest
doubts in regard to the Constitution Mt
the outset was whether e written in
strument of government would not
prove too rigid for any nation. and es-
pecially for one obviously destined TO
great growth. The men who framed
it had been familiar with and we've
brought up under the British constitu-
ton, which was unwritten, and which
consisted Of principles, traditions and
certain great legislative acts; but they
had also been familiar in the colonies
with government under charters, and
therefore did not have the fear of a
written instrument which they might
have had If they had known in prac-
tice nothing but what is commonly
called the British constitution.
JOHN MARsHALL'S INFLUENCE.
The makers of our Constitution es-
tablished the fundamental law in
written clauses, but they gave it the
possibility of expansion and move
ment, of growth and development. in
three ways. They intended that Con-
gress and the President should inter-
pref the Constitution in making laws
and in extending them, and this inten-
ton has been carried out in practice.
To the courts they gave the direct
power, not only of guarding and main
tanning. but also of interpreting the
Constitution and of saying what its
provisions might or did mean. Be
meath the mighty influence of John
the power thus lodged in the
Supreme Court was used to convert
the Constitution from an experiment
in uniting the states into a great
national charter
Not content, however, with these two
methods of constitutional growth, the
men who made the Constitution at
Philadelphia in 1887 also provided IN
the Constitution itself definite sys-
tenn for amending and changing its
provisions.
1t will be seen from this that two
methods of amendment are provided
One is by the passage of single amend
ments through both houses of Con-
gress. and the submission of such
amendments, after they have passed
Congress by a two-thirds vote in each
house. to the states for ratification, the
assent of three-fourths of the states
being necessary to make them part of
the Constitution. The other method is
to call a general convention of the
states, like the original convention
which framed it, for the revision and
amendment of the Constitution.
AMENDMENT BY CONVENTION.
Let US consider the latter method of
first. Although it has been
suggested at various times, there has
never been, until very lately, any SER
ious proposition to call a general con-
vention to revise the Constitution.
Within the last year or two. however,
persons interested in amending the
Constitution in such way that SEN
ators may be elected by direct vote OF
the people instead of being chosen by
the state legislatures have sought TO
induce the states to ask Congress in
sufficient numbers to call a national
constitutional convention.
The resolutions which have been Of
fered in different states and which |
have been adopted by seven, ask for
this general convention with the OBJ
ject of making THIS single amendment
in regard to Senators. This proposition
illustrates very well the provision of
the Constitution which we are now
When the persons who favor the
election of Senators by direct vote of
the people ask for a general eonven-
ton to add that single amendment to
the Constitution they accompany their
request with an important and irnpos- !