The Birmingham age-herald., 1907-08-27

time there will no doubt be others. Perhaps one outcome from the present
 situation and the resulting discussion, Will be a proposed amendment to the constitution of the United states. Until its appearance, the discussion of the merit of such a measure can be post poned. We have now to deal with very different question:
 Indeed, 1t is claimed that, from the adoption of the federal constitution down to the present time, we have pro- ceeded upon the mistaken assumption that certain powers supposed to be- long to the states, did in fact reside in the national government-an assump- tion which has been shared by represen- tatives of the various powers of the federal government, as well IS by tile 1 like representatives of the state gov ernments. While no one. to my knowl- edge. has stated the question in terms so broad as that Just used neVerthe- less, in the end, it amounts to this if the present claim Is allowed that powers hitherto exercised by the states with the knowledge and consent of the fed eral government, may now be eNer- cised by the federal government. The only foundation for this doctrine would
 be the assertion that the powers were wrongly exercised in the first instance
 
 usurped the functions of the national government.
 This must be so since the enumerated powers vested in the federal govern
 ment and the powers reserved to the states and to the people by the con- stltution and in the first amendment comprising ten articles, have not been
 changed. The thirteenth, fourteenth and fifteenth amendments in no wise
 relate to the powers now being con sidered The Constitution as to them stands as it did in the beginning. It seems rather late to argue after cen 1 tury of judicial and political interpreta- tion, with the acquiNence of every de- partment of both stat eand federal gov ernments. that the constitution Is not
 after all what it has seemed to be all these years. That as a matter of fact,
 although a contrary opinion has been unanimously entertained for a century, the federalists achieved in great meas
 ure the victory for which they strove.
 Powers of Congress.
 Another contention of far-reaching in- l port Is that the power of Congress to l regulate commerce, which has been held to include the right to regulate the instru-
 mentalities through which interstate | commerce is conducted involves the 1 power to regulate the producer of articles | or commerce WHICH Hld9 oi inaY hoA pV | destined to enter later into interstate | commerce It is insisted that any at tempted regulation may be made effective | by prohibiting the goods of the manufac- turer or the crops of the farmer from the channels of interstate commerce. These various contentious, some of them so new and so startling, represent only a lew of the many.
 The object which their advocates have lan1ahlp Rut
 that is not enough. if in the execution
 of their plans they violate the federal
 constitution and directly lead toward the federal constitution and directly lead to- ward the destruction of our dual govern . ment Washingtons solemn admonition' in his farewell address. as to our outy in such an emergency, should be 1alth-
 fully adhered to. He said: IT Ill the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let 1t be cor rected by an amendment in the way which the constitution designates. put
 let there be no change by usurptioh' Iot
 though this, in one instance, may pe
 the instrument of good, It IS the GUS
 tomary weapon by which free govern.
 rnents are destroyed. The precedent must
 aiv,avs greatly overbalance In permanent
 evil any partial or transient oeneht WHICH
 the use can at any time yield.
 The fathers who framed our constitu
 tion. as well as those of the original
 thirteen states, had a wholesome rear or arhitrarv power They sought to iiIiilt governmental power by law, the soutce or which should be the people-the slatos to he sunreme as to all matters, ana l' evercise all powers except those speciho- oIi1y oranted to the national government
 tbe constitution of each state to be the
 supreme law and capable or aihehuiiie"' only by it's people. ..... of
 In tbis way the three departments or
 government were to be held In check anu their several powers added to or aiinl'l- ished from time to time as the Wisuoui of the neople should direct. hnd upon 'ii' judiciary devolved the duty Of preventing l ,to1ationa of the supreme lava uuty | uIhicb has been faithfully executed. 6uil- | ed bv the ideas and principles when p'e- | ,.ailed In the creation of the state gov | ernments. the framers prepared the cor 1 stItution under which our natlohal son | ernment came into existence. fNeiS ! nower with which 1t was deemed neces | sarv to endow the national goVeriiiiien s .
 was given to 1t. and in the exercise oI | tbeea fl was made supreme. To preVeh.
 a,,,, nossible assertion by the natloha' | eovernment of inherent powers, those a
 Stoned to lt were carefully and expressly | enumerated.
 | Amendments to Constitution.
 But to avoid even the possibility Of a |