The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-24


prescribed by itself.
'rhe disputes among statesmen have
not been so much as 10 the soundness OF
the general principles OF constitutional
construction as 20 the extent OF the pow
crs granted TO the general government.
EARLY In the history OF the nation some
insisted upon a marrow, literal interpreta-
tion OF the Constitution, which. had II
been approved. would have made the gem
eral government a rope of sand, wholly IN
adequate TO the great purposes for which
Il was established. But long ago that
view was rejected by the supreme court
OF the United States. and it's rejection has
been almost universally approved
"What let me ask, are some OF the
grounds upon which the pessimist OF
these days bases his fears for the safety
OF our Institutions? lie persuades HIM
self TO believe that the trend in public
affairs today is toward the Capitalization
OF all governmental power In the nation
and the destruction OF the rights OF the
states
IF this were really the case. the duty
OF every American would be 10 resist such
n tendency by every means I'm his power,
A national government for national af-
fairs. and state government for state af-
fairs. is the foundation rock upon which
our institutions rest Any serious de-
parture from that principle would bring
disaster upon the American people and
upon the American system OF free gov
ernment
PEsSIMIsTs ERR.
But the fact Is not as the pessimlst
alleges II TO be The American people ara
are more determined than at any time in
their history 60 maintain both national
and state rights. as those rights exist
under the Union.
The best friends of state rights. per-
init me 10 saw, are not those who habitu
ally denource as illegal everything done
by the general government but those who
recognize the government of the Union as
possessing all the powers granted to II
I'm the constitution, either expressly or by
necessary Implication: for, without gen-
eral government possessing such powers
In relation 10 matters of national concern.
the states would be in perpetual conflict.
and lose their prestige before the world
with equal truth, IL may be said that
the best friends of the Union are those
who hold that the states possess all gov
ernmental powers not granted to the gem
eral government. and that are not incon-
sistent with the constitution OF the Unit
cd states or with republican form If
government The people OF the United
states cherish, and Will compel adhor-
encc. 10 the fundamental doctrine that
the states are vital parts or the American
system OF government: and they will
equally insist upon the recognition OF the
Just powers OF the states--to be exerted
always IN subordinatIon to the supreme
law OF the land-as essential Ia tho nre-
servation OF our liberties.
IF then the matchless government de-
Vised by the fathers and ordained by the
people OF the United States Is To be nre-
served and handed down intact To pos
tcrity, national power and state power
must go hand In hand. in harmony with
the constitution.
UNION PARAMOUNT.
~ these powers clash. the paramount
au,norty or the Union within Its pre-
scroed sphere OF action must prevail.
Such IL the express mandate OF the con-
stitution. and such. our common sense
ana experience tell us. must always h.
'he case. II liberty regulated bv law Is
not TO perish from our land.
mere are some who would deny To
Words sess All powers that are not. in
IonslnE 10 the legislative branch of the
so.ernment They would eliminate alto
se,ner s, from our jurisprudencc the long
esercisn % aoctrine that congress may
uentai TO those expressly granted nv the
!, ,SVV,hisu.u,lon ,,V,lisu and arc not expressly pro-
,,i ,iol,eu oy 'is words; that Is. powers
those expressly enumerated. and withon,
wmch the government would be- uneo,al
10 the objects for which Il was ayowedlv
established. and would become 10 use tho
words OF Marshall. "a splendid bauble
No STEP BACKWARD. :
~ the views OF tho latter class of con-
sututional critics should gain the appro-
val OF the American people the country
wou!d DC carried back to that period OF
its history when distinguished politicians
sraNely argued thas the supreme court
OF the United States could not. without
violating the constitution review the ac-
tionf OF state court, which bv It's final
Judgment. had denied or DESTROYED rights
plainly secured to the citizen by the SUI
preme law OF the land.
such critics are politically OF kin to
tnose who affirm that the courts may
not declare a legislative enactment void
even when IL is In plain violation OF the
constitution.
so vast has been the increase In our
population and 10 diversified and extend
ed nave become our business interests
tnht occasions must necessarily arise
from time To time, for a more intimate
connection between the government OF
the union and the affairs or business OF
tne people than perhaps the fathers ever
Hence. II modern problems. as con-
nected with the operations of govern
inent, are 10 be solved in the interest and
for the benefit OF the people. and II the
nation Is TO keep abreast with advancing
civilization, new fields OF legislation must
be occupied"