The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-09
SUTHERLAND ON GOVERNMENTS.

SUTHERLAND ON GOVERNMENTS
Senator George Sutherland of this
State has an article in the North Amer
lean Review, for March. on 'Thc In
ternal and External Powers of the Ma
tional Government - From this article
it appears that Mr. Sutherland has lost
sight of the elementary distinction be
tween the Constitution of the United
States, and the Constitutions of the sew
eral States. He seems to imply that both
forms of constitution are essential
ly the same, resting primarily upon the
authority of the people, and the power
conferred in each ease directly by the
people. His position in this is fairly
cxempliied in the final paragraph of his
article rs follows:
The American people; in whom all
have provided as the instrument for The
practical expression OF this authority a
complete governmental system, consisting
of the General government and the State
vested every power necessary 10 accom- |
plish the constitutionally declared ends
Of government. Because of the dual
character OF the agency which excr
cises the domestic sovereignty OF the
people the line between the State and
Federal powers has been carefully drawn
and must be rigidly observed, but either
upon one side OF the line or the other
.plenary governmental power adequate TO
every eNigency will be found. Over
external matters. however. no rcsiduary
powers do or can exist In tho several
States, and from the necessity of the
case all necessary authority must be
found in the National government. such
authority being expressly conferred or
implied from one or more OF the express
powers. or from all of them combined,
or resulting from the very fact OF ma
tionality as inherently inscparable there
from. Thus nothing Is added 10 the gem
cral government at the expense OF the
State, while We arc saved the humlliat-
ing paradox of an agency constituted 10
vested with incomplete power TO do so.
If we are 10 preserve the great govern
alton Of Independence and projected by
the Constitution we must realize in
feeling and in fact that the rights of the
States and the rights Of the Nation are
and that the usurpation by the general
government OF any State power over To-
cal affairs. and the denial To the general
government of any necessary power over
national affairs are equally unfortunate
and equally subversivc of the spirit OF
the Constitution. which is the paramount
law of state and Nation alike.
The situation is very plain. The Fed
eral Constitution contains the grant of
powers 10 the Nation, in order TO form
more perfect union. The Federal pow.
er has its origin, basis and functions
described in this grant Of power.
Originally il had nothing and was moth
ing; il was created and endures
through this grant. II has whatever
power is distinctly granted, whatever
power is needful 10 carry out the pow
ers granted, and also such powers as
are involved by necessary implication
in the exercise Of authority and activity
conferred and applied. as one of the
necessary adiuncts inherent in and in
,lispensable for national organization
and life.
| The powers Inherent in the States,
however. arc of an entirely different ma
ture, the State governments have every
possible power that government Of the
people can have, or that the people
themselves can have. IL is found ueces-
sary in the Constitution Of the States
to limit these powers, to direct them in
| their several proper channels, and this
definition involves regulation, the guard
ing and the restriction upon the agen-
cies created TO represent the people as
whole, who, if it were possible to do
so, might act without any restric-
ton whatever. So the State government
is government that involves restricted
as distinguished from granted powers.
In the constitutions of the States the
peoples representatives, unless therein
restricted, could exercise unlimited pow
ers, and great number have done so.
The main question is the essential diff
ference between the National form of
government and the State government,
the one being of granted, the other Of re.
stricted power, and this is distinction
which Senator Sutherland seems to ig-
more in this article. He has certainly