The Columbus journal. (Columbus, Neb.) 1874-1911, 1911-04-12
A REPUBLIC OF PUBLIC
OPINION.

Charles Summer SAID, AnytninS
for human rights is constitutional"
There is law higher than the
Constitution" said William H. Sc.
ward.
The words of these illustrious gen.
tlemen are quoted in the hopeful be.
lief that sentiments expressed BY them
will not be regarded As unpatriotic, As
anarchistic, or as disrespectful Of the
able and historic document called the
Constitution. In fact, these great
citizens gave the Constitution a solid
dignity which is not maintained to it
by many Of its self.appointed defend.
ers. These latter seem to believe that
the Constitution has precious little 70
do with a government Of the people,
by the people, for the people.
This, then, isa government Of pub
lie opinion, in spite of the fact that it
has a written organic law. The hope
less doctrine that, no matter what the
| people need or how badly they need
| it, they cannot have + if it is against
the Constitution" is merely DOGGY
man. 1t is a powerful DOGGY man, to
be sure; and it holds things back; but
| it has nothing like the power which
Tories in temperament would ascribe
to it.
To illustrate the flexibility Of the
| American republic one or two ex.
amples ofprogress may be enumerated
! and some continuously working prin.
ciples ofprogress may be indicated.
The Oregon law for the nomination
and election Of United States senators
is, as Mr.. William Allen White said
| recently in a Kansas City address, in
defiance" of, or in circumventiOn Of,
the United States Constitution. That
fundamental law places with state
legislatures the elections Of senators,
while the Oregon law in effect places
the selection with the people. Yet
the law is constitutional because it
does not assume to CONF ell the leg;sla
tors to do what the voters direct. The
legislative members are given the first
option of pledging themselves to follow
the popular choice. or not to max.
tina. pledge. and they are given the
second option to keep or break the
pledge ifthey give it. The reliance
is solely upon public opinion, working
outside for above the organic law;
but not against it.
That this conference in the ruling
force of the peoples wishes is well
/ founded has been demonstrated many
times over in the election ofpresidents
The Constitution places that election
with the electoral college, and there
it resides today. But the people long
since made The electors merely mes
sengers by state groupings to convey
the record of their will t. the rcspec'
tive state capitals and then on Ia
Washington. The peoples action il
merely advisory, but it has all the
force Of a constitutional mandate.
For a more general rule it may be
observed that what the Constitution is
is whatever the ruling Interpretation
of the Constitution is. There can be
NO ioub. that what is constitutional
one period is unconstitutional ut an.
other period, and vice versa. There
can he no doubt of it, because the
elastic fact has been proved. The
national income tax was constitutional
once. 1t is unconstitutional today.
1t may he constitutional again the
next time the court considers it. And
this without any intervening amend.
ment of the Constitution.
The instance is cited not to show
disrespect for the court, but with the
exactly contrary purpose Of showing
the respect which is due to American
institutions of which the courts con.
stitute one important factor. Those
| institutions command respect and pa
triotic affection because they have the
| strength to meet the facts of life and
development. TIE republic will not
have to go to pieces because the per
petuity" of its framework is the per.
petuity of an immovablc stump. Its
| assurance of living is that
with public opinion everything is
possible. "-Kansas City Star.
Congressman Hanna delivered a
speech in Congress in opposition to the