The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1914-07-06
POWER TO DELEGATE.

not understand Inat tne states are
unable to delegate any further powers
than those they conferred when the
constitution was originally framed"
Certainly the states are not "un-
able to delegate any further powers"
but the states are not able, except
by the force of numbers, to delegate
further powers for other states: each
may delegate its own powers, but not
even three-fourths can delegate" to
destroy the powers of the other fourth
except by doing violence to state SOW
ereignty which was expressly re.
served.
A man may surrender his own
rights, but he cannot surrender the
rights of another man; a majority
may agree to deprive a minority Of
its rights, but that is tyranny.
Three-fourths of the states may de
prive the other fourth of their rights.
but that is federal usurpation.
Constitutions are designed to pro
tect minorities of citizens in their
"inalienable rights" and minorites of
states in their reserved sovereignty.
TO change a state constitution in VIC
lation of inalienable personal rights.
or to change the federal constitution
in ViplatioD Of ro.arvod etota ri,h4,
is to violate the fundamental princi-
pies of American government.
If the federal constitution can be
amended to prevent the manufacture
or sale of liquor in any state, it can
be amended so as to prevent any state
from prohibiting the manufacture and
sale of liquor. If the federal consti-
tuition can be amended to deprive "A
state of its reserved right to exer-
else the police power as TO liquor,
it can be amended in respect to any
right of social or moral conduct; il
can be amended to destroy the right
of fixing or regulating the suffrage
or the qualifications for citizenship,
or the rights and powers of taxation,
or the rights and privileges of person
and property.
1t may be answered that three
fourths of the states will do no such |
wrong, but three.fourths of the states |
have done wrong in respect TO certain |
state rights which were destroyed in
the fifteenth amendment The Wow |
that majorities will do no wrong is |
disputed by all history; it was eX-
pressly repudiated by the trainers Of
our government who sought by the
constitution to prevent majorities
from doing wrong. Besides, right
and wrong in civil affairs are mat
ters of opinion.
The constitution may be properly
amended by three-fourths of the states
with respect to any matter of origi-
nal federal jurisdiction; it may not
be properly amended with respect to
any matter of original state jurisdic-
ton. To hold otherwise is to sacri-
ice all state sovereignty except as
% such privileges as three-fourths
of the states may graciously permit
he other fourth to enjoy.
Nationwide prohibition or nation
vide woman suffrage will be federal
whether approved by thir
y-siX states or fOrty-seven states;
.ither will be depriving sovereign
states or a sovereign state of right
reserved. Reserved rights
u states, like inalienable rights of
Ierson, are not subject to law, statu-
cry or constitutional; they are in
and any encroachment upon
hem is tyranny.
A right superior to law, since it
yisted before the law. Government
oes not create or grant rights, it
them. Government grants
riyileges and may modify or annul
lem at will.
State sovereignty is not a privilege,
is a right, and it is limited cnly
n such respects as it has been sur
it is not further limitable
y any power or set of powers.
The mere fact that such prime
Iuths and basic principles are sub
ct TO discussion shows how far a
lrge part of the American people
ave departed from the faith of the
lthers and now all rights of state
nd person are in jeopardy under the
lodern fetch Of majority infallibili-
/, and absolutism.
1t is no longer a question as to
hat government has a right to do,
ut merely what a majority of the
eople wish to DO. There is no longer
II inalienable right; we are all limit
4 to such privileges as our neigh