The Washington times., 1907-09-20
President Should Suit
Policies to Constitution;
J. H. Bankhead Declares
Might Have New Funda-
mental Law With
Each Executive.
States Need Not Exercise
Rights Reserved to
Them.

John II. Bankhead. defeated for Con
gress by Capt. Richmond Pearson Hob
son. but now United States Senator
from Alabama, and who is In Wash
ingtOn for the first time since his ele-
walton 70 the seat Of the late Senator
Morgan, makes a vigorous defense Of
the Constitution Of the United States,
particularly in its provisions relating
to State rights.
He expresses himself forcibly against
accommodating the old Instrument to
the varyin.- moods Of Presidents as they
come and go. There is no necessity for
any change to suit the policies Of the
Administration, he asserts.
Suit Policies to Constitution.
Il think" he said. 1T would be better
for the President TO adapt his policies
10 the Constitution rather than to adapt
the Constitution 10 his policies. We
might have another President entertain
ing different views, and If the ConsJitu-
ton must be adapted TO the policies Of
the President, We might have 70 have a
new Constitution for each new Presi-
dent.
The men who constructed the Con-
sutution Of the United States were wise,
constitution We have grown great
There is nothing the matter with IT, and
we do nOL need a new one. What We
need is 10 adhere 10 the one we have
depending upon the courts 10 construe
IT, / am utterly opposed 10 the idea
Of constitutional convention: there is
no necessity for IL, and evil would GER
talnly result from an attempt 70 make
new Constitution.
Written BY Patriots
While the trainers OF the Constitu-
ton were not orlnipotent nor omuis-
Client. they were wise and patriotic and
tneir experience enabled them to look
long way ahead Moreover, they were
not guided by considerations Of party
advantage. but we're patrioticauv en-
deavoring 10 lay the ground plan If a
great government. which they succeeded
IA dolng, beyond what could have been
Lnelr own expectation.
w could not hope at this time 10
naNe constitutional convention COM
posed OF ADLER ana more patriotic men
ana certainly such a convention AT mis-
uIhe would not De as free from party
S .SIl q1eratlons as was the old coustitu-
uonal convention.
States Needn't Exercise Rights.
There is nothing in the argument he
cause states may fail to exercise certain
Elghts reserved 70 them that the Fed
eral Government shall usurp the power
II States have a right to do certain
Things. they have also the right nor IN
90. II they were compelled to do with
yut tne privilege or retaining from do
ing, II would be an OBLIGATION mo, !
thefn, not a right The rights reserved I
10 me states are at their discretion
ana the failure to exercise these rights
IS as much matter OF their choice, as
the exercise Of them. The rights -
served 10 the States are their own and |
u is not within the authority of NE
+ eoerdl Government TO deprive them 81 4
tneSe reserved rights. II would moi be
Wen II SUCH power existed in the red /
eTal Government
The Constitution OF the United States /
IS not 10 be accommodated 70 the oDin-
Ions Of Presidents. These opinions and
policies growing out Of them must he /
accommodated to the Constitution. We
need no new Constitution. bat we need 4
10 Rave regard for the one upon which /
bur Government rests, not violating hi 1
nor seeking TO violate II. The courts 4
by the Constitution itself, may de- /
-ermlne what legislation is cOnstitu- /
Ional, and chat which the Constitution 4
does not permit is not valid"