The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-10-08

mltted BY the Congress to the various
states for ratification. BY lis own
terms il would become the Conetitu-
tion Of the states adopting il, pro-
Eided as many as nine did so This
IS the reason that the anne Of lie
states were not inserted in the pre-
ambie. as was the case in the Articles
Of Confederation. In The former all
the states pnust ratifE in order far il
to become effective. in tho latter il
would he the Constitution OF the States
adopting. provided IS many as nine
ratified. The same Of the states were
omitted from the preamble by q COM
mittee on style, and not BY the on
Vention itself, and the IaCt that it was
not objected to shows conclusiyelE that
their omission was not regarded as in
any way changing the nature or mean
ing OF the instrument. AS the ratih-
cation By nine states would make the
Constitution operative for those adopt
ing il, and as it was not shown what
States would adopt. clearly the names
of the States could not be inserted.
Or. ]. l.. NJ. Curry, in his admirable
little volume called The South-Con-
stitution and Resulting Union says:
''Thc people Of the United States in
the sense held by those who assert
that this is a National Republic, We're
not the authors of the Constitution.
and could not have formed it, since
they Gid not appoint h convention,
nor ratify their act, nor in any way
adopt it as obligatory upon them. IT
was voted b. States in the Y
ton, submitted to each State separate
", and became the Constitution only
OF the states adopting il. The
people Of the United states, rs
a political organism, never had an y
istcnce in the aggregate. never per-
formed a single political act, mover
was entrusted with any civil function,
never was appealed % for sanction to
any proceeding, and Y can do
what a National Government might
do, without an entire radical reVo-
luton of our system of constitutional
representative, confederated reI,ISl-
lies
It is certainly true that the Fed
eral Government has no inherent
powers WhateVer-none by reason OF
the fact that it is a government. Its
powers are all derivative nominated
in the bond, specifically granted, and
the states. This being true, and these
are almost the very wore Of the Con
~stitution itself. there could attach to
it no inherent powers.
In 1898, the General Assembly Of
' 4 1 - III '73pNCthitif- ~ hAt ~
tnot the enacting clause. as the con-
vention was not enacting. but recon-
mending) to the Constitution. Of
which we often hear 50 much By
those who would say that u govern
ment had a Minerva birth in nation
allty IN the Whlc1l 1Talne9
the Constitution, said Had the states
been despoiled Of their sovereignty
by the geheTaillS OF tAe piedllpie,
had the general government been
VIII WhdleNt. theA sHouia
1uoSe TO pe iIiSlFuidehl" t'NaEdS JUS
tlce' ttahiuliilH. col'lIlo2 Geience'
general "~elfare. and the preservation
OF liberty, nothing copla nave pteo
more ~1riNo!oIs taan a. enumeration
OF po"eF@
Quoting from Or. Curry again.
The Constitution IS fcdcratiye IN the
owe which frcr ed it. n the power
which ratified and adopted IL. in the
power which sustainS and keeps II
in the power by which alone It
can be altered or amended, and is
r~ederative in the structure Of all its
6apartments. In no sense is It q de-
or DO our people role in
the mass. Tho doctrine Of State CO.
.O2cration, of ~oncurren ~rnaiorities, of
upon mere popular will. of
and balances. runs throuch
ana dominates the whole system. The
general g~ovcraIrent is the creature
Of the States. It is not a part,- to
Constitution. but the result Of IL.
rs made - the constituent States. and
as originally formed and de-
signed. exist mdepenaehtlI OF It or
the states Its creators.
II we arc 70 agree With those who
think that the Federal Government
has the right to exercise any ana 81
powers that the men who happen =