The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1913-06-06
CONSTITUTIONAL RESTRAINT.

In the light of recent court deci
sions, of the tendency of the time tC
scorn precedent, to cast aside the In
situations of the past and to embrace
every new and lassin.y fancy, the de.
cision of Judge Allison in the election
law case is not surprising. His de-
cision but rejects tie spirit Of the
times. A spnit that would change
the existing order, that would treat
lightly those things that in the past
we have been taught to revere and
venerate and to look with Impotence
upon any constitutional guarantee
that would prevent cur embracing
any change that fancy or some dema-
gogue might suggest.
The people ale more and moro i'm
patient of constitutional restraint.
Every day it IS drummed into their
ears that constitutions were made for
men and not men for constitutions,
meaning thereby that if the constitu-
ton stands in the way of some quack
reform or fake remedy have done
with the constitution. Let the courts
yield to popular clamor, as they are
all too prone to do, and unmake the
constitution by judicial construction.
And that is what we lave seen in the
United States and in almost every
state of the Union. In this process
OF unmaEing constitutions by judi
cial construction we have seen the
plain English language held to mean
something altogether different from
the layman's construction The Ian
guage of the fathers has been twist
ed and turned and contorted until
one would hardly recognize it.
In order to meet the demand of the
people for change, for freedom from
constitutional restraint, the courts
have evolved the theory of "directo-
ry'' provisions Of the organic law. AS
If constitutional provisions of SOW
ereign state were ever directory
In the very nature of things it is i'm
possible. EveIy provision of the
constitution Of sovereign state is
mandatory. AS mandatory as the ten
commandments. Why have a written
constitution at all if the courts are to
be left free to determine when their
provisions mean what they say or
what it is believed rne exigencies of
the situation demand that they |
mean?
Tennessee is a sovereign state It's |
legislature, within the provisions and |
limitations of the constitution, is the |
legislative authority of the state. |
Save where restricted by the consti |
tuition it is all powerful. All legisla- |
tive power is Inherent in the people |
speaking through their legislature,
subject alone tn the constitutional
limitations HI.i we no written con-
stitution the legislatl would be alb
solutely unrestricted Unlike the
congress Of the United States which
derives all is power from the colsti-
tuition of the lation, the legislature
derives it's power fror, the people 1t
is the people. through their cfosen
Representatives in convention assem-
bled The constitution was written,
adopted and IaIified for the sole and
exclusive pL-pose of protecting the
people against their own excuses.
Certain limitations were placed upon
the legislature and certain rules for
the organization of the same and it's
enactments We've made in order to
guard against hasty, unwise and cor
rupt abuses Of power.
Whatever is writ into the cocstitu-
ton is mandatory. 1t is command.
1t is the fiat of the people to their
chosen represt natives. so far and no
further shalt thou go. But within
recent years tie courts have taken an
new and different view of
constitutional limitations. They have
have looked more to the effect of
their decisions than they have to the
language Of he organic law. For
example the constitution provides
that when a oil is passed upon final {
reading in both houses of the legisla- t
ture. it shall be signed by the speak {
ers in open session, the fact of such +,
signing to be entered upon the jour i
nal. That is language that is plain {
and emphatic susceptible of but S
one construction. But the court has 7
decided that sIch provision is direc- f
tory, in Other words that it is mean t