New-York tribune., 1906-12-17
CONSTITUTION REVISION.
Reasons Why 1t Is Needed-Work
Should Be Done by Convention.

To the Editor OF The Tribune
Sir: 1t is becoming every year more evident that
the Constitution of the United States must be eI-
tensvely revised amended and enlarged We have
great reverence for the venerable document. and IL
may seem like wanton sacrilege even to
propose any change But we have far outgrown
fundamental law. and a Constitution well
adapted the conditions of the simple life In
& little patch OF country along the Atlantic sea-
board 13O years ago has become altogether made
Quate for adjustment OF the many political,
social and industrial exigenCies OF the present
times.
Our broad stretch of empire and our millions
rapidly increasing with new wants. new emergen-
cies, new problems of every kind urgently demand
ing solution. call for the implacement OF new prin-
cipes of government in the Constitution of such
broad scope and universal application that there
shall be little need for raising the question OF
"constitutionality' whenever a new law is 10 be
enacted looking TO improvement OF the general
welfare for correction of long standing abuses
1t is also becoming Increasingly difficult for the
Supreme Court to frame its opinions and decis-
that they Will conflict with reverse any
former decisions Another considerat tion should be
of great weight in this line: Our civilization is be-
coming so complex and the interests of the whole
people often intricately involved that the old
doctrine of states rights is fast passing into
non-user and oblivion; the people of the United
States and not the politicians of the are
every year coming more and more 10 control and
govern the states separately well collectively.
and much as We may deprecate the cOncentra ton
of power at Washington and raise hands TO
protest and our voice utter fears OF imperial
ism" vet the trend of is strong. Be
fore the Civil War We're disunited people. but
since then We have become firmly knitted to-
gather in every kind of interest and enterprise
that we are fain put upon the central govern
rnent a larger responsibility and endow it with
wider exercise of power
Much of the Constitution has become obsolete
and there sections that can, il is claimed
be construed as contradictory of others II should
be revised and enlarged and now is the right time.
1t can better be by a convention of delegates
specially chosen by the people, but representative
from the Supreme Court from each body of Con-
gress and from the White House should sit as
members of It.
New subjects will readily suggest themselves,
such as polygany divorce taxation. transportation.
r. tstraint both of cooperative and labor tyranny,
ieic ~ events the adv0cstes OF strict construc-
t0n' have been remanded to the rear but the
should be a via media" by which new Const-
tuition might offer quick and easy access to justice
and right in framing the national laws. for the
greatest and most common Of the perpleXites as as,
..constituttonality'' OF Il proposed measure. There
would also be immense relief the country by the
eceT apeeef Sl becs Of the obscUTity or lack OF pro-
visions in the Constitution covering particular
There will be needed in this great convention a
supply of the country best men, who In their care
and wisdom shall make a Constitution neither too
General IN the matter OF fundamental principles
provisions OF the nature of passing law.
nv an enlarged Constitution we Will relieve the
Supreme Court OF much trouble OCcasoned TO II
through lack of applicability OF constitutional IN
ternrTfatiOn in dealing with laws that, in their
nature and objects, We're undreamed of one hun
dre6 vars ago All this while the Constitution
has remained rigid and our judges have had per
force TO strain many point ana eXnlDt often
much mental agility in order 10 make their decis-
ions agree both with the Constitution and With
common sense and generally common sense has
prevailed with them. IL fact our supreme Court
bae in rractice made it's own enlargements of the
found Expressed there and establishing by its de-
cisions what are indeed tantamount 10 unwrtten
In tha last forty years have ever been ap-
nearer to tha British system where the
ii,rUritta1 constitution, being founded alone upon
frrictai decisions and Parliamentary and admins
Irafive pri,ctice, has admirably combined the two
apparentIy opposite qualities OF permlnence- and
Changeahlltty. :, --- -. 49,. -.-s-,, ,, -
g. a. al tntabIe To twentieth century conditions
- than TO those of the eighteenth. State
- Its'' are fading into dreams OF the past; the
,,GIIia,' are ever becoming more supreme. active
arl sansitIya regarding the people rights; they
et, .ctine in the mass and not through state gov
q Etir So,stitution has to he regarded
sor1nuyhat of a Fetch and almost as endowed
,,tb nscendent self-aCting qualities. II should
- case 10 be an object of SO much blind venera
,iom 6ut should be made an instrument adapted
go ',itai ef1cient, everyday use, and should EN-
iCd, ali tie permanent principles that are opera
i've III ~ JOHN II OSBORNE.
Dec IA