Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1908-06-16

Extension OF Federal Powers.
The extension of Congressional and
Presidential authority in cases of
doubtful constitutionality, as suggest
ed by Secretary Root in his address
before the conference of governors,
raises question of vast importance
to the States and the Nation.
The Root idea is, as we under
stand it, that one or more States,
having an interest in legislation
by Congress not authorized by the
constitution of the United States may,
through their legislatures, ask Con-
gress to enact such legislation. and
thereby preclude any judicial inquiry
as to the power of Congress in the
premises. In other words, the idea is
that particular States may singly or in
combination, enter into treaties with
the federal government, whereby they
may obtain special advantages from
the latter without the concurrence of
other States.
This idea seems also to have the ap-
probation of the President and that of
certain governors whose appetite for
mess of pottage outweighs their re-
spect for the bisthrights of their
States. Never was II more insidious
suggestion made by mortal man.
1t is interesting to recall some of
the provisions Of the constitution
which bear upon this subject:
No State shall enter into any treaty,
alliance or confederation"
"No new State shall be formed or
erected within the jurisdiction of an
other State"
"No State shall be formed By the
junction of two or more States, or parts
of States. without the consent Of the
legislators thereof, as well as Of Con-
gress.''
"Three-fourths Of the legislatures of
the States, or conventions of three
fourths of the States as Congress shall
prescribe, may ratify amendments to
the constitution"
when the choice of a President
shall be devolved upon the House of
Representatives the vote shall be TAX
en- by States
Now suppose those States which are
eager for an appropriation from Con-
gress for the establishment of the APP
palachian forest reserve at the ex-
pense of their neighbors, should each
invite Congress to pass such law as
it desires on that subject, though more
than three-fourths of the States should
oppose it; and suppose five or six
States should combine or confederate
with view to securing such legisla-
ton, and should agree that in case the
election of a President were thrown
into the House Of Representatives,
their representatives should vote as
unit for the candidate of that national
party which should agree to enact such
legislation in spite Of all constitutions
al limitations-would not this amount
to a revolution? Is there no ground
for Suspecting that the insidious Sug-
gestion of Mr.. Root was made In view
of the possibility that the election of
a President may, as result of the next
campaign, be thrown into the House of
Representatives? To bride those
States which have a deep special in
terest in the waterways, forest re-
serves and conservation of certain ma
tional resources, at the expense Of
other States, would be the surest meth
cd of destroying the federal constitu-
ton. and setting up, without the fear
of successful resistance, an absolute
central government at Washington. Is
it not possible that this end is con-
cealeI behind the means proposed?
Why should anyone suggest unconsti-
tutional and revolutionary means, I'M
less he has unconstitutional and revo-
lutionary ends In view?
In the fifth article of the constitu-
ton method is prescribed for extend
ing or curtailing the limits of federal
authority and heretofore that method
has been pursued. Any deviation from
ii now would be quite as unjustiiahle
and far more dangerous than ever be-
fore. For it seems that even the COVER
nors of some of the Southern States,
wher States rights have had their cit
-adel from the beginning, are willing to
play the role of Esau.