The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-12-31
The Invention of Federal Powers.

The Invention of Federal Powers.
The doctrine of New NationaIism. first
promulgated by Col Roosevelt at Osa-
watomie. may be dead as political
shibboleth, but it is evident that 1t is
still rather alive as a topic for argu-
ment and controversy.
Col. Roosevelt in his famous speech.
held that there was little or no. differ
ence between the powers of the Fed
eraI government and those of the States:
that if there appeared 10 be any such
difference. it was simply because we had
failed TO interpret the Constitution prop
erly. If there was any need for gov
ernmental action anywhere OF which
advantage had not been taken by the
states, then it was clearly the duty, ac-
cording to Mr.. Roosevelt. for the Presi-
dent or, at least. some one in Washing
ton, to take up the work.
In discussions on this subject in the
outlook. Dr. Lyman Abbott. Col. Roose-
velt's chief, seems inclined to agree in
all essentials with his contributing
editor and 10 hold that because the Con-
stitution had not expressly stated that
certain governmental powers were con
ferred on the Chief Executive. it must
rot be taken that the Constitution meant
to deny the exercise Of those govern
mental powers.
Opposed 10 this point Of view is Presi-
dent H. p hudson, Of Chicago Univer-
sity. who, in a letter to the Outlook.
admits that under certain conditions it
might be desirable for the Chief Execu-
tive 10 do certain things that are not
specifically authorized by any consuuc-
ton of the Constitution But he is very
careful 10 distinguish between what is
legal and what is desirable. He sees
many points on which Congress might
be helpful 10 the government as a whole.
but as they may not legally be done. il
is best that they be left undone. Op-
posed 10 this view. Dr. Lyman Abbott
declares that the Constitution Of the
United States is a living and growing in
suument Adopted for the governance
OF thirty millions Of people. some of its
provisions and clauses are not adarted
to the uses OF ninety million people, and.
the sum of a rather long argument which
he presents is that If the Constitution
does not contain inherently the powers
which the full-bodied country needs, il is
the business and duty Of the Supreme
Court in some mysterious way. to clothe
the Constitution with the necessary pow
ers.
And opposed to both these views. we
have the sane expression Of that scholar
in politics" Gov.-elect Woodrow Wilson.
oE New Jersey, who at the conference Of
governors discussed the New National
ism. and insisted that while it was right
for the Federal government to exercise
the fullest power in Federal concerns.
such power should never be allowed to
override or dominate purely local condi-
tons. He summed up the danger OF the
whole project of New Hationalism when
he declared that he did not believe in
the invention Of Federal powers" said
he:
I'VE have no foolish or pedantic ieal-
oGsy of Federal power. We believe in
the exercise of the Federal powers to the
utmost extent wherever il is necessary
that they should be brought into action
for the common benefit But we do not
believe the invention of Federal powers
either necessary or desirable"
In common parlance, this is saying that
we-the American people-are quick 10
see that, extending the use Of Federal
powers an inch. the Federal powers
themselves may soon take an ell. With
a wise, farseeing. capable, and honest
Chief Executive. the stretching of the
Federal powers to cover some wrong. or
to bring about some good. might be Of
great benefit TO the country. but all the
time We are sane enough TO recognize
that it is dangerous to the liberties of
the people to go outside the law.
The States must be sovereign and su-
preme, under constitutional limitations.
within their own borders: and no political
fetch. or PRONUNCIATION of new faith.
must be allowed to imperil the liberties
OF all the people,