The Washington herald., 1908-04-25
Mr. RaYner on State Rights.


form declaring that there is no such
thing as the unwritten Constitution OF
the United States has this quality IN
common with a good many political plat
forms-that it is somewhat Inaccurate
OF course, Mir. Rayner did not mean to
convey the idea that there has not been
such a thing as constitutional develop
nent. that we have no constitutional
history, or that the real and living Con-
stitution of the national government
would not have 10 be sought for in court
decisions, in legislation, and in Executive
acts. as well as in the naked terms of
the fundamental document. What he was
seeking 10 impress upon his hearers IN
his able speech was that constitutional
construction. which has built up so huse
a superstructure upon the original Con-
stitution. should not strain the fair in
tent and meaning Of that charter. and
particularly that constitutional interpre-
tation should not be so stretched rs II
invade the rights of the States
We are passing, TO some extent un-
consciously. but none the less positively
aCd permanently, says the Maryland Sen
at0r, quite truly. through a phase of our
constitutional history involving impor-
tant changes in governmental methods
and structure Mr.. Rayner thinks that
some day We may wake up and tind the
reserved rights of the States reduced 10
minimum, and the States themselves
practically shOrn Of their sovereign fune-
ttons- We have always thought this con-
ception of the scope of the governmental
changes now going on rather Overdrawn.
for the reason that it is based on the as
sumption that various radical PROPOSE
ticns widely exploited by ambitious
statesmen VIII eventually be enacted into
lc-. But this is by no means certain,
a1d, entertaining this belief, we expect
10 see the sovereign States in undimin-
ished viE0v for many years TO come.
Nothing the Federal government has so
far done. and very. little that is proposed
T. be done. really circumscribes the area
C. the obligation of State duties in the
same sphere Federal remedies. TO quote
Dir. Brycn's parase. are added to State
remedies, i'm cur efforts 70 rout some
eEi or work some refcrm. Our great
constitutional need is systematic Co-opera-
uCE between the national and the State
govern menJs, which is now attained only
b. the adaptation cf voluntary and
eXtraconstitutiCnI mechanism, like the
coming conference Of governors. TO the
purpose in hand.
There are, however serious dangers in
the Capitalization Of government which.
as Mr.. Rayuer admits. is Il conspicuous
feature OF current constitutional history.
Yet these dangers grow out Of the ex-
tension Ct those governmental functions
founded on the direct authorization Of the
Constitution. rather than out OF pur-
pcseful encrOachments en- State rights.
The plenaTy power Of Congress over in
terstate commerce is undoubted and that
power has been by no means exhausted
BY the legislation on the statute books,
yet what tremendous authority over the
business of the country is now lodged
IN Washington, What new opportunities
for corruption and oppression are present
ed! sun, the rights Of the States remain
un-heCted by the exercise Of this power.
Tor it has been expressly granted by
them 10 the national government. Nor
are State rights in any way derogated by
the immense authority welded by the
President as Commander-in-chief Of the
army and navy We have seen nearly our
entire fleet ordered by him-to circumnav-
igate the globe, at a cost of millions of
dollars, without the assent Of Congress,
and with international consequences that
may eventually appear 10 be OF the most
mcmentous nature. Our real national
dangers. it appears to US, lie in the
undue and inevitable exaltation Of consti-
tutional powers, not in the possible arro-
cation Of those plainly unconstitutional
The latter may be successfully resisted.
against the former we appear TO be help
less.