Arizona republican., 1907-12-24

eral principles of constitutional con- struction as to the extent of the pow CTS granted 10 the general government. Early in the history of the nation some insisted upon d narrow, literal interpretation of the constitution which. had it been approvel. would have made the general government a rope of sand. wholly inadequate 10 the great purposes for which it was established. But long ago that view was rejected by the supreme court of the United States, and its rejection has been almost universally approved.
 There are some who would deny to congress all powers that are not In words. specified in the constitution as belonging 10 the legislative branch of the government. They would elimi- nate altogether from our jurispru- denCe the long tablished doctrine that congress may exercise powers which are plainly incidental to those expressly granted by the constitution. and are not expressly prohibited by its words; that is, powers necessarily implied because embraced by those expressly enumerated. and without which the government would be unL equal to the objects for which it was avOwedly established and would be- come. to use the words of Marshall
 "a splendid bauble" 1T the views of the latter class of constitutional critics should gain the approval of the American people. the country would be carried back to that period Of it's history when distinguished politicians gravely argued that the supreme court Of the United States could not. without violating the constitution. re- view the action of a state court which. by its final judgment. had denied or destroyed rights plainly secured to the citizen by the supreme law of the land. Such critics are politically Of kin to those who affirm that tho courts may r-. declare a legislative enactment void. even when it is in plain violation of the constitution.
 IL is true that national power as now exerted. covers wider field of action than it did in me early days of the republic: but that does not prove. as the pessimist would have us think. that the government has usurped powers that do not belong to it and has entered the domain reserved by and for the states II proves only
 that the nation has from time to time. as the public interests demanded. brought into active operation powers which congress had not previously chosen to exert. So vast has been the increase in our population and SC diversified and extended have become our business interests. that occasions must necessarily arise. from time ito time. for more intimate connection between the government of the union and the affairs or business of the people than perhaps the fathers ever dreamed of Hence. 1T modern prob lens. as connected with the opera tions Of the government, are to be solved in the interest and for the benefit of the people. and if the nation Is 10 keep abreast with advancing civilization, new fields of legislation must be occupied While new laws must be closely scrutfnized and care taken that they are not inconsistent with the constitution, we must not be SO unwise or suspicious or timid as to reject new law simply because it is new. or simply because it may cover areas not consciously within the men tai vision or the thoughts Of the framers Of the constitution. That wonderful instrument. the supreme court has said. was intended ito be adapted to the various crisis Of hu- man affairs" The wise men of the constitutional period deemed it unnec- essary to go further than to specify the general objects to be accomplished by the national government. and to enumerate the powers that may be eX- erted by it, leaving to congress-under it's responsibility to the people and under its authority to pass such laws a were necessary and proper to carry into effect the powers enumerated and granted-to employ such means.