The sun., 1907-12-31
IL 0oNsrIrUTIoN As VI 3.
OplnIsn mat n May Need anserprstaSsn
hue NWt Amendmena

~N@N -
To rHR EDITOR or TIE sUN--.Sir. Thus
early In the sixtieth Congress twenty-five
or more amendments" to the national Consti-
tuition have been proposed. Some OF them
are Drepcstsrous and none In my Judgment
is needfUl.
In the First Congress held under the Con-
stttution seventy-seven amendments wore
presented; Of these twelve were approved
and proposed by the Congress TO the Legis-
latures Of the States for ratification. Ten
OF the twelve were ratified and thus became
by the legislative action Of the Congress and
OF the States a part OF the Constitution and
are now Amendments I. TO X. Five other
Amendments. XI. TO XIV. have since been pro-
posed and ratified in the same Legislative
mode, the last having been proclaimed in
1870 Since that date there have been many
futile discussions Of further amendments.
or patches" upon the great instrument OF
I7s7.
The original Constitution was not made
by legislative action but by actions OF con-
ventiOns OF the people. and it was 1rst
framed" by the general convention OF i7s7
In Philadelphia. IL was transmitted TO the
Congress by Washington. and then by the
Congress- to the Legislatures OF the states.
20 be submitted to conventions Of the people
therein. Having been considered and ratified
by such conventions held in twelve States.
the Constitution became the supreme law Of
the land. and pursuant TO an act Of Congress
Of July ~. 1883, II went into operation on
March Z. 1888. Rhode Island did not ratify
until May. 1889. when all the thirteen original
States came under tie rule of the national
Constitution. Vermont admitted into
the Union in February. I7OI. Since then
thirty-twO other States h9ve been duly "ad-
mitted" by acts OF Congress.
Although Article v. Of the original COnstitu-
tion provided two modes of amendng-One
he Of nd ha Of hAr
by legislative sctiOn--the latter mode only
has been used In all cases
In my judgment no amendment hitherto
made has been either desirable or needful,
nor can now see any need for future amend
ment. Fair reasons can easily be given for
this view. but scarcely in brief letter. Yet
IL may be said that the first eight amend
ments formed a bill of rights which Patrick
Henry deemed necessary 10 secure the ancient
liberties" OF the people. With u think
greater force James Wilson cOntended that
as the ancient liberties OF the Colonies which
became independent States by the Declara-
tion Of Independence were racial and institu-
tiOnal and ran In the blood. IL was unneces-
sary TO reassert them. and that there might
he danger IL some Of those rights failed to be
enumerated"
Let IL be noted that a cardinal and perhaps
Our most important right. the violation OF
which was the chief cause Of the Revolution
is nowhere named in this bill OF rights tArti-
cles OF Amendment /. to VIII, nor anywhere
in the Constitution.
I refer to our right to representation az n
precedent condition OF taxation. The Omis-
sion to enumerate that fundamental right
seems strange. But IL was unnecessary to
name that or any other ancient and fund9-
mental right or liberty; they then were and
for centuries had been 30 deeply rooted in
the hearts Of the people that words declaring
- a
nuOus: their existence was a conceded and
unduestiOned basic truth.
The Constitution al IL was when first adopted
was adequate TO every present and future
national exigency. The same In true Of the
Constitution a. II now is. except as 20 she
stain Of the Eleventh Amendment. which
provides that -the judicial power OF the
United States shall not be construed to eH-
tend 20 any suit In law equity commenced
or prosecuted against one OF the United
States by citizens Of another State. OF by
citizens or subjects OF any foreign State"
The other amendments, while In my view
unnecessary. were not seriously harmful.
But the Eleventh Amendment. which per-
mitted and encouraged reputation Of debts
by the States. is a dark blot and should either
be repealed or be held void IA against morals
and public policy.
Belonging TO that school OF thought which
is called "NatiOnalism." yield 90 none in
reverence for the Constitution. and feel that
render il higher honor than those who seek
TO restrict its powers by narrow and literal
construction OF TO enlarge them by the tedi-
Gus and almost impossible process of adding
unneeded amendments.
The conception Of real nationalism IA pro-
posed in RandOlph's Virginia plan OF nine
teen national" resolutions upon which
turned the debates in the convention: Of
James Wilson. Alexander Hamilton. Wash
ingtOn and Of the majority tthPn called Fed
eralistsI who made and ratified the Com
stituton. who put into operation the new
governmental machine made by il and who
thus began and on their principles operated
the government until the Presidency Of Jerer-
son: and Of the interpretations OF Marshall
a. TO implied powers, followed by great sue
cessors-all seem to Justify the faith that
from the Marshalls OF our country we shall
see that the Constitution as II Ia, IL and ever
will be capable Of that sound construction,
wise Interpretation and Just application TO
national eyigencies under changing con-
ditions. which alone can express the splendid
vitality and suifiCienCy of that greatest of
human instruments created to promote the
general sNelfare of the "One people" named
in the Declaration OF Independence:
Irp to very recent date the interpret ations
OH Marshall and his Successors have greatly
vitalized and natiOnalized the written Con-
stitutiOn. Marshall was equal to the needs
OF his day. Who can say that in our day
there may not arise other needs which may
require as much originality OF Interpretation
as that OF MARSHALL?
Who can say now that there may not arise
conditions affecting the "one people" 80
zravely that It would become judicial duty
materially to modify some existing judicial
affecting the relative power
OF the nation and the States? Such condi-
tiOns are now present. think. and there is
grave occasion for our cleaTest. best and
most creative thinkers to love and study
the Constitution and endeavOr TO impart TO
IL an endless sufficiency without resort TO
amendments or to convention to frame
a new constitution.
The method OF Marshall has thus far been
adequate. That other Marshalis will con-
tinue to use the same power of creative |
statesmanship expressed In terms of law.
and find I'm our Constitution. written and un-
written. all the powers needed for our dual /
government. dual rights and that protection !
cannot doubt.
Otherwise the Constitution did not attain !
he end proposed by the charter which created |
the convention to form a Constitution ade- J
auate to the exigenoies OF government and ,
he nraaarvatiOn Of the ITniOn. Clearly "a I