The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-23
A Convention to Amend the Federal
Constitution.

m OF ATOih INC iNVeiAco'OA
district in this State, recently introduced
in the House OF Representatives a bill
20 establish a graduated inheritance tax.
In the course OF the debate on this
measure Mr.. DE Almond, the well known
Democratic Representative fromtheS Sixth
Missouri district, made a remarkable
speech IN which he advocated the calling
OF a convention to amend the Constitution
Of the United States. His remarks were
hardly pertinent or germane to the subject
matter under discussion. No amendment
TO the Constitution seems necessary in
order to empower Congress to impose such
a tax as that proposed by Mr.. PERKINS;
and In any event the initiative in calling
q Constitutional Convention for the
whole country cannot be taken by Con-
gress. According to the provisions oil
the Constitution itself Congress can call
such a convention only after it has been
requested so to do by the Legislatures
Of at least thirty States Of the Union.
In the absence Of such request Congress
possesses no power whatever to act In
the matter; so that Mr.. DE Almonds
argument in favor OF calling a Consti-
tutional Convention should have been
addressed rather to the Legislatures OF
the several States than to the national
House Of Representatives.
The article Of the Constitution which
deals with the subject Of amendments to
the instrument provides as follows:
The Congress-. whenever two thirds Of both
II-,... .h.1t d.sp, ~ nkrasaapv ahan pvopoaa
amendments 10 this Constitution, or. on the sppll-
cation Of the Legislatures OF two thirds OF the sew
ersl States shall call a convention for proposing
amendments. which. in either case. shall be valid
to all lntents and,purposes. as part of this consti.
tuition, when ratified by tho Legislatures OF three
fourths Of the several States. or by conventions in
three -fourths thereof. as the one or the other mode
Of ratification may be proposed by the Congress:
Provided, that no amendment which may be made
prior to the year 1908 shall in any manner affect
the nrst and fourth clauses in the ninth section OF
the nrst article; and that no State. without it, con.
sent. shall be deprived of its equal Suffrage in the
Senate
This language makes it perfectly clear
thatit is only upon the application Of the
: Legislatures Of two-thirds of the States
that Congress is empowered to call a con-
vention for proposing amendments.
Mr.. DE ARMoND submitted to the House
q remarkable list of the proposed changes
in the fundamental law which he thought
ought to be considered by q constitu-
tional convention. Among them were
amendments to establish female suffrage;
to authorize Congress to enact a uniform
marriage and divorce law; to regulate
or prohibit the liquor traffic; to provide
for the election Of United States Senators
by a direct vote Of the people. TO provide
that the President and Vice-President
shall also be chosen by a direct vote; to
lengthen the Presidential term to six
years and render the President ineligible
for reelection; to alter the beginning OF
the Presidential term so that the Presi-
dent may be inaugurated in finer weather
than usually prevails in W Washington on the
9Th Of March; and to provide that Con-
gress shall be convened shortly after the
election Of Its members instead Of thir-
teen months later. Another amendment
which Mr.. DE ARMoND would submit 70
tho convention is q provision whereby
tho Government, under suitable regula-
lions, might insure the lives Of citizens Of
this great republic Mr.. DE ARMoND
announced that he was strongly in favor
Of such q constitutional provision, say
ing: Life insurance by the Government
could be made both safe and profitable.
and what a boon to the people to get
insurance at what Il Is WORTH We do
not remember to have heard OF this
proposed insurance amendment before.
10 Ia a novelty In constitutional legisla-
ton, OF tho crazy quilt pattern which
Ia only too much In vogue among the
rsformers Of the present day.
The main purpose Of Mr.. DE Almonds
speech, however, seems to have been to
indulge in an attack upon the Federal
Judiciary. Il believe he said, shat
one OF the great troubles Of this country
at this time in the conflict between labor
and capital grows out Of the assumption
on the part OF the courts Of the right to
issue certain writs when they have no
right to issue them unless authorized by
the lawmaking power TO issue them. A
court created by law possesses no power
except what the law gives t." The Con-
Dresstondt Record states that this utter
ance was received by the House with
/. applause. MIR. DE ARMoND went ON to
assert that those who created could
destroy, II they saw proper TO destroy,
and his further remarks carried the plain
implication that in his opinion Congress
ought to destroy the power Of the Fed
eral courts to grant some OF the writs
which they have heretofore seen fit to
grant in the determination Of contro-
versies between capital and labor. The
tone Of his speech Is best illustrated by
what he said about the desirability OF
enabling Congress 10 remove Federal
Judges from Office more readily than is
now practicable. There ought TO be-"
he said, some way Of getting at undesir-
able Judges, whether unfaithful or no
longer efficient, and something more
expeditions, something less cumbcr-