The Montgomery advertiser., 1909-11-27
Leffers to 7he Editor
THAT sncoNp LECTION.

Montgomery Attorney Writes of It's
 "Open Door'' Possibihties.
 Editor The Advertiser:
 cles and speeches emanating from prominent supporters of the proposed iconstitutional amendment, that the
 Legislatnre. power to enact laws au- thorizing the violation of the sancti- ty Of the home guaranteed by the provisions now incorporated In the
 This assertion has been made by
 some men of such standing and
 known ability that their opinion"
 could not but. carry great weight.
 ington. and his argument founded upon privileges Or immunities acquir- ed by ancient custom.
 | But 1t seems that all of these writ CTS and speakers overlook one funda. mental principle of constitutional law--the difference in the applica- tion of the restrictions thrown around legislation by the constitutions of the States and of the United States. | Congress can pass laws in regard to only such matters as the Constitution of the United States gives It specific power to act. Thus the Constitution of the United States authorizes Con gress ito regulate commerce with for eign nations and among the several States, and as an exercise Of tnis power the Interstate Commerce Com
 
 United States does not specifically au- thorize Congress to levy an Income | tax. so an amendment to the Consft- tuition of the United States Is now | proposed to authorize such law. On the other hand. the Legislature can pass laws concerning any sub | Ject whatsoever. except when It IS | specifically denied the power to act | by the State Constitution. Thus the Consultation of the State of Alabama provides that the people shall be -se- cured in their persons, houses. papers and possessions. from unreasonable iature recognizes this restriction upon I It's power by expressly excepting private dwelling from the operation of the Fuller and Carmichael acts home, both statutes would have been 1 unconstitutional---a fact we'll known to their learned authors.
 | If the proposed amendment was to United states, 1t may be that it would I not permit Congress to pass laws that authorized the invasion of the home flor the reason that it does not spe-
 the amendment-is to be made to the | State Constitutions win be construed according to tfef1 rule fappficable' to State constitutions and it does not such a law. On the contrary. 1t spe- officially states, Nothing in the Con- stitution of Alabama shall be con- strued to prevent the Legislature. under the police power. from desig- hating places where such liquors may not be stored or kept This lan- guage not only nullifies all res.-ic- tions of the Constitution in regard to this subject, but expressly places such laws in that class designated as an exercise of The Police Power," un-
 der which the Legislature has been
 given in all Jurisdictions the greatest | latitude known to the law.
 l If this is not true, the author of the proposed amendment voluntarily as-
 sumed an unnecessary burden, which Is destined to carry the amendment to defeat The Fuller and Carmichael acts now authorize searches and seiz- ures In every imaginable place except | the home. which Is the only place
 which is now protected by the pro-
 visions of the Constitution. and being 1 the only place now, protected, It's in
 vasion Is the only power given to the
 Legislature that It does not now pos
 sess. that could be desired by the
 author of the second section of the proposed amendment.
 | Stuart Mackenzie. Montgomery, Ala.