Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1908-06-26
EXTENSION OF FEDERAL POWER

EXTENSION OF FEDERAL POWER
The extension Of congressional and
presidential authority in cases of doubt
full coStintutionality. as suggested by
Secretary Root in his address before the
conference of governors, raises Il ques-
ton of vast Importance 10 the states
and the nation. The Root idea is. as
we understand it. that one or more
states. having an interest III legislation
by congress mo- authorized by the corr
stitution of the United States. may,
through their legislatures. ask congress
IN cna such legislation, and thereby
preclude any judicial inquiry a> to the
power of congress in the premises. In
other words. the idea i 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 up.
probation of the president, and that of
certain governors whose appetite for 4
mess of pottage Outweighs their respect
for the birthrights of their states.
Never was Il 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 II treaty.
alliance or confederation"
mo new state shall Ia formed or
erected within the jurisdiction of an,
other state
No new state shall I've formed 10y the
junction of two or more states, or parts
of states. without the consent of the
Legislators thereof, rs well as of con.
grcss."
Three fourths of the legislatures of
the states. or conventions of three.
fourths Of the states. us congress shall
prescribe, may ratify amendments to
the constitution"
When the choice of II president shall
he dcvOlvcd upon the house of repre-.
sentatives. the vote shall bc taken by
states"
Now, suppose those ate which are
eager for an appropriation from con
grcss for the establishment of the APP
palaChian forest reserve at the expense
of their n%cighbors, should each invite
congress to pass such Il law rs it desires
on that subject. though more than
three .fOurths of the states should oppose
il: and suppose five or six states should
combine or confederate. with a view to
securing such legislation. and should
agree that in case the election of "A
president We're thrown into the house
of representatives. their representatives
should vote ~ a unit for the candidate
of that national party which should
agree to enact such Legislation in spite
Of all constitutional limitations-would
not this amount to n revolution? Is
there no ground for snspcCting that the
~inSidious suggestion of Mr.. Root was
made in view Of the possibility that the
election of a president may. rs a result
of the next campaign. hc thrown into
the house Of representatives? To bribc
those states which have "a deep special
interest in waterways. forest reserves
and conservation of certain national re.
sources. at the expense Of other states.
would IT, the surest method Uf DESTROY.
ing the federal constitution and setting
up without fear Of successful resistance
an absolute central government M
Washington. Is il not possible that
this end is concealed behind the means
~prorDs"dy Why should anyone suggcs,
unconstitutional and revolutionary end,
in view
In the fifth article of the constitution
a method is prescribed for extending or
Curtailing the limits Of federal authority
and heretofore that method has been
pursued. Any deviation from II now
would h. quite ~ unjuStifiablc and far
more dangerous than ever before. For
Il seems that even the governors Of
some ot the southern states. where
! states rights have had their citadel
from the beginning. are willing To play
' the rnl" Of Esau Exchange.