The citizen. (Frederick City, Md.) 1895-1923, 1912-03-01
IS THE CONSTITUTION OF THE
UNITED STATES ELASTIC?

Us The CONSIlI U44ON Of / HE
UNITED STATES ELASTIC?
A few weeks ago Mr.. Root, one of
he United State Senator's from the State
Il New York, made a speech before the
,lepublicau Club of Washington City.
gir Root is a very prominent Republican
ind has been prominent for many years
4 public official He was Secretary Of
Fiate under Mr. Roosevelt during his
4cond administration, and IS now one Of
Re leading Republican Senators. He
,aone Of the great leaders Of his party
I'd, of course, this all lends prominence
!. d weight to his public urerances.
!. THE speech that he made was heralded
/, 4? over the country BY the Republican
: fpers and by the Republican leaders as
!, = Of the greatest speeches ever made,
i as the key note speech Of the COM
> ] campaign.
"a he principal argument made IN that
t rech by Mr.. Root, was that the Re-
z 3lcan party was a progressive party,
!, that the principal proof Of the fact
it was progressive party was that
Felieved in an elastic construction Of
H.. Constitution OF the United States.
IA, Root IS the same man who during
III RooSevelt's second term made a
1 lie speech in which he declared that
~ scope OF the Constitution of the
4 ed States could be enlarged BY iudjc-
i Interpretation and construction.
;.ng these two speeches. and espec-
the two declarations that we have
y; red to. and they furnish a most ser
4 land important subject for the consid.
y IN of the intelligent, sound thinking,
9, ltic citizens, without regard to poll,
tor partisan considerations.
I !gnay be that Mr. Roots long and
assoCiatian with Mr. Roosevelt has
;'Fodifed Mr. Roots views Of the
lness of the Constitution, and so
1. irened his respect for law and order
~ bconvert Mr. Root into a belief in
;ooSevelt's new rationalism. 1t GER
y { will be a new rationaliSm when
y .ople of this Constitutional Repub-
Ssopts the view that the Constitution of
5tNliled States is an elastic instrument,
it is so weak and SO neutral that
be stretched by the authority of
.ress TO suit any and every thing tina
ess may do or desire to do or so
md elastic as to be in the power
" Federal courts, so as to enable
ht.o 50 construe it as 10 enlarge Its
10 suit the President or Congress,
5hlt any political party, or any set
Il interests whether OF politics or
IS.
4 e is today all over the country
lIal unrest, uncertainty and agita-
4,ong all classes Of the people as to
fssent cond iuons.
Ittincoln foretoId that a period of
Combinations would come. and he
X he feared for the liberty Of his
fperiod has now come and has
]r with 1t the menace and the fear
iss, rights and the liberties of the
'iare now in danger. There is
H'ltation going on IN regard 10 the
) There Can be no doubt but that
fple are not satisfied with the
Put on the contrary the people
:. unusually dissatisfied with the
y The Federal courts have not
Ed up to the standard required.
he Civil War the Federal courts
ed by bitter partisans, and often :
J totally unfit for the position of
M 1t has at last opened the eyes
.'eople TO the fact that they are
i'ger from the judiciary and it can
z be hid from them Ii is very
= te that the appointments of
Taft to the Supreme Bench,
ased, rather than lessened the
Elections to the Federal courts.
fbeen caused because the Fed
:. Is have paid too much attention
j perty interests, and too little
TO the rights Of the people in
-;ions. The courts have given
Evidences of partiality TO big
big interests, and have dealt
v with the men who are with
ll2ey or influence The country
surfeited with corporation and
judges, and with corporation,
and special interest decisions.
5 were never satisfied with the
Antitrust Law, and from the s