The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-17
- THERE A LIMIT 70 CONSTI.
TUTIONAL AMENDMENT

IN Vue Steto0 Uoeepve0 Rt8h0 Ne Token
Away by the vete 81 Other 0satesf
70 TIE EDITOR OF The suN-sw: The
frequency with which the suggestion 10
made that the Constitution OF the United
States shall 30 amended to authorize the
FEDERAL Government to exercise powsrs
chat may b exercised by the States. but
W0ich Ut least some OF them DO not
choose to exercise. suggests the question
WAethse there Me- In the States colieo-
tivsay ris'ht TO limit the reserved rights
Of any Of the parties to ne compact
wAoss concrete expression 10 the Asneri.
can Union: whether there are no such
exsrcisss Of authority ~ . dispassionats
Judge would pronounce ultra wires.
Il u fundamental principle OF asso-
etAtion that charters confer equitable au-
eAority to bind with respect only to such
matters - are contemplated In their
formation: and this restriction 10 not
based on an expressed self-iimitation In
che documents themselves. but on obvi-
Gus principles Of Justice. Yet while tf,is
statement will be generally accepted with.
cut question. that charter by which the
American Colonies bound themselves orig
onally 10. In practice at least. assumed to
- an exception TO the operation OF the
principle. Whether II 10 or not Il might
- presumptuous 10 say. but At any rate
the question II q debatable one whether
the thirteen original States entered into the
compact with the understanding that their
subscription to the Constitution implied
that their sovereignty In their reserved
81 - GO. cot ~ ~.
contingent on the will OF stated major
ity to the compact. Due consideration Of
the circumstances under which the COM
pact was made. as well as Of the agree
ment Itself. can. I think. admit OF but
one conclusion, that they did not and
n this conclusion be valid II follows that.
though there Is In the Constitution Of
the United States Itself no express limi-
tation Of the power to amend, there 10
in the case Of that agreement Q natural
and necessary Limitation in that respect.
~ weil as Of the right Of legislation by
the Federal Government, II any distinc-
tion between State and nation 10 to be
recognised.
Recognizing this distinction, however,
one need not be q Marshall to perceive
that amendments such a. those depriv-
ting the States Of control over their ellen
torates or compelling them to adopt a
prohibition measure are an abuse Of the
amending power and 4 violation OF the
spirit II not OF the letter OF the Constr
tuition II tho State OF Maine. for in
stance. deans It expedi.nt to prohibit
the manufacture and sale OF intoxicants
within It's territory. or the State Of Colo
yado deems II expedient to confer the
franchise upon women. they have not been
dsoasred from the exercise of those rights
By chose States which. like New York.
hsws preferred TO adopt . different policy.
II thrse-fourths Of the States Of the
Uni0n wish to adopt the policy Of pro-
hibttion or universal suffrage they have
ths unQusetioned right to do 20 within
their respective jurisdictions. But II. not
satisfied WIKI that. they have tho addi-
tiomai right of compelling tho minority
VI "sovereign" States, however much they
may be opposed to ouch a course. how
ever great a hardship It might impose
on them. 90 adopt II also. Il u obviously
absurd to regard this a. Q Union Of
Independent Commonwealths that for the
purposes OF that Union agreed to sur
render certain sovereign rights. retain
ting the rest there 10 in principle but
Une sovereign authority the Federal au-
charity. of which the States are but ad-
ministrativs subdivisions. because by the
process of unlimited amendment all re-
served rights may be absorbed In time by
the central Government.
The subject IL so profound that one
can DO no more than advert to II In
the compass OF a newspaper coumuni-
cation: but II It does not receive greater
consideration from lsyman and legislator
alike than II has hitherto commanded.
resulting In . more Intelligent comprs-
hension by the average man Of the char
acter and purpose Of the Union, this
Government will tend to become what
Samuel J. Tiiden feared; mot only the
most oppressive but also tho most corrupt
with which any people has been cursed"
+. J. DUNpoN.
NEW YoRK, February L.