The Washington herald., 1907-07-26
FRIDAY. JULY 26. 1907.

Roosevelt, Bryan, and the Constitution.
The Hartford Times is greatly concerned
over the question Of who shall appoint
Federal Judges during the next ten years.
which it regards as of greater Importance
10 the American people than any other, for
by the choice of the members of the
Federal judiciary during the next decade
it will be determined whether our govern
mental system shall continue to be a sys-
TEN of defined and limited powers" This
is an extreme presentation OF the idea
now going the rounds Of the anti-Roose-
velt and anti-Bryan press that it is with
in the power Of the President to effectu-
ate a complete revolution in the spirit
and form of the American Constitution by
appointing Federal judges who would de-
stroy 1t by constructive Interpretation
What is the basis of so fantastic a no.
ton? II is founded, in the first place.
upon a gross exaggeraton Of both exec
uJive and judicial power. and, in the next
place. upon a gross misrepresentation Of
the political aims and beliefs of Roose-
veit and Bryan. We shall here deal solely
with the latter phase OF the matter.
The Times. for example declares that
Roosevelt and Bryan stand for a vast
enlargement Of Federal power and the
gradual submersion Of the functions Of
the States. Mr.. Roosevelt. says the
Times, hopes TO see most OF the powers
now exercised by the States transferred
to the Federal government" so that the
States viii be reduced to utilities. Now,
it is quite true that Roosevelt and Bryan
stand for a considerable enlargement Of
Federal power, but it is a reckless alb
surdity to charge either of them with
any sort of desire to nullify the func-
tions of the States. The writings and
public utterances of both abound with
references to the constitutional limita-
tiCns on Federal power through the reseT-
walton of power to the States. and neither
has ever made a proposition 10 break
down those limitations in any other than
the constitutional way. Mr. Roosevelt
has over and over again said Of various
legislative projects which he has brought
forward that II they We're found not to be
within the puTyiew Of the Constitution,
then the Constitution should be amended.
Mr.. Bryan has taken the same attitude.
Thus, in his last annual message, Mr..
Roosevelt, discussing the income tax, sug-
gested the possibility of devising a con-
stitutionaI income tax law, and then said:
The difficulty Of amending the Constitution Is 50
great that only real necessity can justify resort
thereto. Every effort should be made in dealing
with tins subject. with the subject Of the proper
control b the national government over the use
Of corporate wealth in interstate business. to de-
wise legislation which without such action shall at
tain the desired end bat if this fails. there viii
ultimately be 30 alternative to a constitutional
amendment
And in the same message, speaking of
child-labor legislation, which, as every
one knows, Mr.. Roosevelt strongly favors.
he said that each State must ultimately
settle the question in its own way" and
in his recent Georgia Day address he
commended the child-labor legislation OF
the Southern States. Urging in the same
address the enactment of a radical en-
ployers' liability bill by Congress, he de-
eiared that similar legislation should fol-
low throughout the States IN his annual
message to the Fifty-seventh Congress
first session, Mr.. Roosevelt pointing out
the inability Of the States adequately 10
regulate trusts, expressed his belief that
a law could be framed which would en-
able the Federal government to exercise
control over those trusts doing an interstate
business. But, he said, III the judgment OF
the Congress Is that Il lacks the consti-
tutiOnal power 10 pass such an act then
a constitutional amendment should be
submitted to confer the power" Similar
expressions appear IN his annual mes
sage. read at the opening OF the second
session Of the same Congress, and in his
important message Of 1905 he repeated
them, adding that II would be unwise TO
attempt 10 secure a constitutional amend
ment until it is certain that the result
cannot be obtained under the Constitution
as it now is.
We are unable to see in these utterances
any of that contempt for the Constitution
which a certain section of the press af-
fects TO find IN Mr.. RooseveIt's eco
nOmic programme. We fail to see in
them any indications that the President
has the remotest intention to reduce tho
States to a nullity, and to merge their
powers with those Of the Federal gov
ernment II Mr., Roosevelt's language
means anything, and If Mr.. Bryans
words have any significance. they indicate
clearly enough that both these political
leaders, however much either of them
may desire 10 enlarge the powers Of the
Federal government, have no intention
whatever TO do so in a manner contrary
TO the spirit or letter Of the Constitution.
or in derogatlon Of the reserved rights