The Denison review. [volume] (Denison, Iowa) 1867-current, 1907-01-31
gent part? Or are you satisfied with
conditions and giving no thought to

conditions and giving no thought TO
the morrow?
The Review belives that this gov
eminent will never be what it should
be. never be satisfactory either as a
world power or as domestic institu-
ton. until the absurd doctrine of So
called estates rights" is done away
with in its entirety. No state should
have any right to make any law that
will effect injuriously the rights Of |
people living in any other state. If |
the corporation or insurance laws of |
one state are lax the result is injur-
ious to every other state in the Union.
If the laws governing marriage and
divorce are pernicious. the result is
shown in the morale of every other
state. The laws of New Jersey in
respect to corporations and the laws
of South Dakota in regard to divorce
are menaces to the welfare of the
whole people. There must Uniform
ity and this cannot come without
Nationalism. One striking example
always comes to US when discussing
this question. which has been brought
wildly to public attention by the
Japanese controversy in California,
and this illustration in point arose at
the time of the Malta troubles at
New Orleans. 1t will be remembered
that number of citizens of Italy
were lynched. The Italian govern
ment demanded satisfaction. the
answer of this government was that
things happened in Louisiana and,
while it was part of the United
States. the United States had no
jurisdiction. Very properly the ltal-
ian government replied that in that
case they would be obliged to make
their treaties hereafter with Louis
lana. In some way the difficulty was
adjusted. but the Italian reply
laid bare the great weakness of the
United States as central govern
ment. This Nation will never realize
its full greatness until we have a
strong national government. that shall
have full power to make laws govern
ing all the states uniformly.
There should be no constitutional limit
to the power of the people as ex-
pressed by the Congress and the Pres
ident. So long as the people shall
govern there should be no limit save
the limits of justice and right, and
these must be self-imposed. With
ali due respect for the Fathers" we
believe the English system of govern
ing without a fixed constitution is
much the better plan. The will of the
people, expressed through their chosen
representatives. ought to be the sup
rene law of the land, and ne court
should have jurisdiction to set aside
such verdict. The Supreme court
should be the highest authority to
construe the law. and to see that it
is justly administered bat it should
have no power to declare law un-
constitutional. The very fact that
half the ingenuity of Congress has
been applied to circumventing the
constitution and that the Supreme
court has time and again twisted its
phaseology SO as to allow the gov
eminent to proceed along necessary
lines. is proof sufficient that the con-
stitution per Sc has out-lived its use
fulness. The famous bon mot of the
New York congressman. what's the
Constitution among friends?" con-
tains more of truth than of poetry.
The constitution has become. like
the subject of toast. point of de-
parture.
There can be no doubt but that
hundreds of things are now done sup
posedly in accordance with the con-
stitution. which were never dreamed
of by the Fathers. Yet these are
necessary things, and Congresses and
Supreme courts have hoodwinked
themselves into the belief that they
were constitutional" The truth is
that the constitution, in many things.
is as superannuated as the infant
damnation clause in the Presbyterian
creed and there is just as much good
reason for retaining it. We have
sufficient confidence that "the will of
the people is the will of God''. to
believe that no harm would be done
I if the constitutional restraint should
be removed entirely. There should
be no higher law than the will of the
people. except the will of God.
If this embarrassing restraint of
"constitutionality" were removed. and
if the Nation as Nation, made our
laws, what tremendous reforms could
be accomplished. There would be nc
such thing as a corporation state,
licensing monopolies to prey upon
other states. There would be no per-
picking division between state and