The Washington herald., 1913-01-02
OUR CONSTITUTION
AND GOVERNMENT
by HENRY b. O.REILLY.

The citizen is the basis and beneficiary
of all sovereignty: the aggregate citizen.
ship OF the nation its sole depositary-
the guardian and dispenser OF all II.
powers.
Neither nation nor State is sovereign
each may lawfully exercise but such
powers as are assigned II by the SOW.
ereign people as voiced in their organic
act.
To Congress Is given exclusive power
ITO make all laws necessary and
proper TO carry into execution all powers
vested by this Constitution in the gov
eminent of the United States or in any
department or officer thereof"
The equal rights of each State. as OF
every citizen, imperatively requires that
all laws affecting them be general and
OF uniform operation throughout the
Union.
The only general law the States were
ever authorized-required-to enact was
one to provide for the election of men,
bers OF our first Congress, which was eN-
pressly designed to supersede them in all
their then general powers of legislation.
Yet from the beginning has Congress
neglected TO legislate as commanded,
while the States have ever rioted In leSis-
lation absolutely prohibited.
The power and duty OF Congress ito
establish Justice" as in the preamble pro-
claimed NEUTRALITY-SUSPICIOUS. en-
actment OF all laws-civil. criminal and
political-necessary and proper for the
government and protection of the people
in every relation of life.
The first of our so-called enumerated
limited devotes as ii limits the
revenues of the nation
ITO pay the debts and provide for the
common defense and general welfare of
the United States"
No Law. therefore. promotive Of the gen.
eral welfare is without the powers of
Congress: none in contravention within.
BE the peoples welfare the supreme
law"
For upon this commandment depend
eth the whole law and the prophets"
Every public official is obligated under
oath ito support this Constitution''-to
be guided and governor by every princi-
pie and purpose thereof
Any exercise of governmental power
in disregard or evasion thereof must be
illegal as wholly unwarranted.
1t thus operates as the most effective
bill Of rights ever devised.
Having thus provided for the enactment
and perfection Of all our laws. it is
finally provided
This Constitution and the laws of the
United States made In pursuance thereof
shall be the supreme law of the land.
and the judges In every State shall be
bound thereby. anything in tine Consti-
tuition or laws Of any State to the con-
trary Notwithstanding
This is but the express declaration of
the universal rule when a superior power
succeeds an inferior.
And so was 1t expressly designed that
supreme national laws and government
should abrogate and supersede the weak
ling makeshift of a mere federation of
States, each claiming to be free, SOW
ereign and independent
The law Of the land has ever been rec
ognized as that body of general laws
under and by which the people Of a ma
ton are governed.
What a boon, what a blessing should
Congress enact all laws necessary and
proper for the government and protec-
ton of the masses throughout the nation.
Thus, and thus only may each State
as every citizen be accorded the like
rights. privileges. and immunities
Thus, and thus only may the United
States guarantee to every State a re-
publican form of government"
Thus too would be abrogated that ap-
palling accumulation and ever-multiply-
ing mass and mess Of State constitu-
lions, laws, and governments as diverse.
ing as ever burdened and befogged a ma
ton, its commerce and industries.
Amended by Congress as experience
md wisdom should demand. the law of
this land would speedily be perfected
made comprehensive, complete, and be-
1eficent as ever blessed and prospered a
nation.