The Washington herald., 1907-12-24

I
stitution. JUSTICE HARLAN.
recognized rule Of construction that the
Constitution is 10 be taken as meaning
what lis words in their natural. obvious
sense import, and, II the people desire
it TO mean something different. that in
strument must be amended in the man
ner and only in the manner. prescribed
by itself The dispute among statesmen
has not been so much as 20 the. sound
ness Of the general principles Of consti-
tuuonal construction as 10 the extent OF
the powers granted 10 the general gov
ernment Early In the history OF the
nation some insisted upon a narrow.
literal Interpretation Of the Constitution.
which. hac IL been approved would have
made the general government a rope Of
sand, wholly inadequate 20 the great pur-
poses for which II was established But
long ago that view was rejected by the
supreme Court Of the United States. and
It's rejection has been almost universally
approved
There are some who would deny TO
Congress all powers that are not. in
words. specified in the Constitution as
belonging 20 the legislative branch Of the
government. They would eliminate alto
gether from our Jurisprudence the long
established doctrine that Congress may.
exercise powers which are plainly Incl
dental 10 those expressly granted by the
Constitution, and are not expressly pro-
h!hited BY its words. that is. powers
necessarily implied because embraced by
those expressly enumerated and without
which the government would be UNEQUAL 10
the objects for which II was avowedly es-
tablished and would become 70 use the
words OF Marshall. a splendid bauble' II
the views of the latter class Of constitu-
tional critics should gain the approval OF
the American people, the country would
be carried back 10 that period Of its his
tory when distinguished politicians gravely
argued that the Supreme Court OF the
United States could not, without vio-
lating the Constitution. review the action
OF State court which. by It's final jUdg-
ment. had denied or destroyed rights
plainly secured 10 the citizen by the su-
preme law Of the land. Such critics are
politically of kin 10 those who affirm
that the courts may not declare a legis-
lative enactment void, even when il is in
plain viole-.au Of the Constitution
Covers n Wide Field.
1T is true that national power, as now
exerted. covers a wider field OF action
than it did In the early days OF the re-
public; bat that does not prove. as the
pessimist would have US think, that the
government has usurped powers that do
not belong TO H. and has entered the
domain reserved by and Tor the states.
IL proves only that the nation has from
time To time. as the public interests de-
manded, brought into active operation
powers which Congress had not previous
| ly chosen TO exert. So vast has been the
increase in our population. and so diver
sified and extended have become our bus
| mess interests. that occasions must neces-
sarily arise for a more intimate connec-
ton between the government Of the
| Union and the affairs or business Of the
people than perhaps the fathers ever
dreamed Of.
Hence. II modern problems. as con-
nected with the operations OF govern
ment. are 10 be solved in the interest
and for the benefit OF the people. and If
the nation is to keep abreast with ad-
vancing civilization. new fields OF legisla-
ton must be occupied. While new laws
/ must always be closely scrUtinized and
care taken that they are not inconsistent
with the Constitution. we must not be so
unwise or suspicious or timid as TO re-
/ ject a new law simply because IL is new,
or simply because It may cover areas not
! consciously within the mental vision or
the thoughts Of the trainers Of the Con-
stitution.
Crises of Human Affairs.
THAT wonderful intrrment The Su-
preme Court has said, was intended TO
be adapted to the various crises of hu-
man affairs The wise men of the con-
stitutional period deemed it unnecessary
to go further than to specify the general
objects 70 be accomplished by the national
/ government and TO eEumerate the powers
that may be exerted by 1t, leaving TO
Congress-under it's responsibility 10 the
people and under its authority TO pass
such laws as were necessary and proper
TO carry into effect the powers enumerated
and granted-to employ such means, not
expressly or implledly prohibited, as are
appropriate 10 the particular object
designed TO be accomplished.
The supreme judicial tribunal of the
nation has spoken with distinctness upon
this point. It's words. in a great case-all
its members cOncurring-are: The Con-
stitutiOn unavoidably dealt in general
language. II did not suit the purposes
Of the people, in framing this great char
ter of our liberties. TO provide for minute
specifications of its powers, or TO declare
the means by which those powers should
be carried into execution. II was fore.
seen that this would be a perilous and
difficult, if not an impgacticable task.
The instrument was not intended TO pro-
vide merely for the exigencies of few
years, but was to endure through a long
lapse of ages, the events Of which were
locked up in the inscrutable purposes of
Providence II could not be foreseea
what new changes and notifications of
power might be Indispensable TO effectu-
ate the general objects of the charter;
and restrictions and specifications, which.
at the present. might seem salutary.
might. in the end, prove the overthrow
Of the system itself. Hence its powers
are expressed in general terms, leaving