The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-06-19

assumption should ever and yusatAostspa In ne
organic act. and that u Ga ne fufurs fSrihsr SOUsrs
seemed necessary aAev should b oroMttd bv ths people
In he manner thev had prOtdsd for 0~sssHdtEg that
act
1t reads.
THE poweu not delegated 70 the United States
by the Constitution. nor prohibited by II TO the
States, are reserved 10 the States respectively. or
10 the people,
The argument Of counsel ignores the principal
Iactor OF this article, 70 wit. the people, its
principal purpose was not the distribution OF power
between the United States and the States, but q
reservation to the people Of all powers not granted.
The preamble Of the Constitution declares who
framed It. We the people OF the United S'ateS'
not the people OF one State. but the people Of all
the States. and Article K. reserves TO the people OF
ell the States the powers not dele rated TO the United
States.
The powers affecting the internal Affairs Of the
States not granted to the United States by the
Constitution. nor prohibited by It 10 the States,
are reserved to the States respectively, and all
powers OF a national character which are not dele
gated 10 the national Government by the Con
~stitutlon are reserved to the people OF the United
States.
L" The people uho adopted ne Constitution knso
fhat In ne nature or things thsv could not forsIes al
The questions phieh might arise In The futurs. all
ne eircumsidHesI phieh might eau for ts exercise
OF further national pOtStrs AoH fhOss granted 10 ne
United States. and after srokang provision for an
amendment 10 he Constitution bv phieh any needed
additional pouerJ potid BE- granted, they TsStTvtd 10
mtnsErts AL popsrs not so delegated. This Article
X tnoI to be shorn of Its meaning by any narrow
or technical construction, but is TO be considered
fairly and literally so as 10 give effect to Its SCOPE
and meaning"
We do not think we overestimnte the
gravity of this precise declaration, di-
rected straight at all those who seek to
extend Federal power into unenumerated
fields, not by due process Of oonstitu-
tional amendment, but by forced con
structions Of the sort indicated by Sec
rotary Roof, and by the loose reasoning
and sheer assumptions Of which Mr..
RoosEvELT's writings and speakings are
full to overlooking. We do not think we
overestimate the significance Of the care
which the Supreme Court has taken, in
this decision, to build around the passage
here quoted a full exhibit Of previous
decisions exhibiting a continuity Of judi
cial policy. There is much that might
have been omitted without impairing the
force of the opinion in its direct applica-
ton to the irrigation case Immediately
before the Court. 1t almost seems as il
Mr.. Justice BREWER and his associates
had gone out of their way to strike a
telling blow at the Presidents pro-
gramme of constitutional amendment
by Executive order or mere Legislative
enactment; or, at least, to afford to all
concerned a plain forecast Of the Courts
future and inevitable course with regard
to the great multitude Of cases likely
TO arise under what are coming 10 be
known as the Roosevelt policies"
Are not these the weightiest words
uttered by the highest judicial authority
since Personal Government and the new
fashion OF legislative acquiescence in
Executive encroachment started strenu-
ously and blithely upon the present
degringolade?