The Washington herald., 1907-12-24

government possessing such powers in re-
lation 10 matters Of national concern, the
States would be in perpetual conflict. and
lose their prestige before the world.
with equal truth. ii 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 gen
eral government, and that are not incon-
sistent with the Constitution Of the United
States or with a republican form Of gov
ernment. The people OF the United States
cherish. and will compel adherence 10. the
fundamental doctrine that the States are
vital parts OF 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 10 the supreme law OF the
land-as essential 20 the preservation Of
our liberties. The Supreme Court OF the
United States has again and again de-
clared, upon full consideration. that a
close and firm Union was essential 10 the
liberty and happiness Of the American
people. and that without the States in
union there could be no such political body
as the United States
If. then, the matchless government de-
tSfA ng A4lt tdAi4+AH anu NlQdAlfQ Ug A44f
people OF the United States is to be pre-
served and handed down intact TO
posterity. national power and State power
must 20 hand in hand. in harmony with
the Constitution. II those powers clash.
the paramount authority OF the Union
within its prescribed sphere of action
must prevail Such is the express
mandate OF the Constitution. and such,
our common sense and experience tell us.
must always be the case. II liberty regu-
lated by law is not 10 perish from our
land The nation being supreme within
the sphere OF SIS action as defined by the
Constitution, It's authority. when legally
exerted. binds every State as well as all
individuals within the territory Of the
United States. The glory Of the republic
is that its affairs are regulated by a writ
ten Constitution-the fundamental law
which distributes the powers of govern
ment among three separate, CO-eQuai and
coordinate departments. each exerting
the authority. and only the authority.
conferred upon IT, and which law. until
amended IN the mode prescribed by itself.
must be deemed supreme over the Con-
gress, over the President, over the courts,
over the States and over the people.
Many TO MiSIead.
The pessimist is misled by the decIara-
ton OF some, happily few in number. who
hold that. whatever the words OF the
Constitution. that instrument should be
so construed as 10 make II mean what a
majority of the people think, at a given
time. il should mean. He is also mis-
led by the theory advanced by those who
hold that Congress must be permitted 10
exert any governmental power whatso-
ever. not expressly denied 70 il, II that
body deems that its exercise viii pro-
mote the general welfare But such
theories OF constitutional construction find
no support in judicial decisions or in
sound reason, least Of all in the final
judgment Of that tribunal whose greatest
function it is TO declare the meaning and
scope Of the fundamental law. The na-
tional government. 1t should ever be
remembered, is one OF limited. delegated
powers. and is not pure democracy in
which the Will Of popular majority, as
expressed at the polls. at a particular
time. becomes Immediately the supreme
law.
Representative Republic.
1T is a representative republic. in
which the will Of the people is to be
ascertained in a prescribed mode. and car
ried into effect only by appointed agents.
designated by the people themselves, in
the manner indicated by law. It would
be a calamity unspeakable If our institu-
tiOns and the sacred rights of life. liberty,
and property should be put at the mercy
of a majority unrestrained by a written
supreme law binding every department of
government. even the people themselves.
The pessimist-indeed all-may take cOur-
age in the fact that it has become a