The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-09-10
Editorial Comment
on Current Subjects
"A FIGHTING CONSTITUTION


From the New York World.
That was happy phrase which Mr.
Hughes used in his address to tis
American Bar Association when 80
spoke OF the Constitution OF the United
States as "a fighting Constitution" rs
well as a peace.time Constitution.
We are SO accustomed TO the pea,
time Constitution tina; many patriotic
citizens are astounded and appalled,
by the tremendous powers that the
Government is welding III war arc
by the Capitalization or those power;
in the hands OF the President. Tuis
is no revolution. as Mr.. Hughes ex
plains. 1t is all in accordance with
the Constitution itself, which provides
for that very thing To those wbe
picture the President as a dictator OF
an autocrat. Mr., Hughes says:
The war powers under the Con.
stitution are carefully distributed
To the President was given the
direction of war as the Comman-
der in Chief of the Army and
Navy. 1t was not in the contem-
plation of the Constitution that
the command OF forces and the
conduct OF campaigns should be
in charge Of council, or that as
TO this there should be division of
authority or responsibility. The
prosecution of war demands in the
highest degree the promptness, d.
rectness and unity of action in mil
itary operations which alone cad
proceed from the Executive. The
exclusive power to command he
army and navy and thus to direc.
and control campaigns exhibits
not autocracy but democracy,
fighting effectively through its |
chosen instruments and in accord
ance with the established organic
law.
Nowhere does Mr.. Hughes find that
the Government, in providing for the
common defense against Germany, las
strained the authority conferred by
the Constitution. Congress Is COM.
petent to raise armies by any method
1t sees fit. The President is empower
armies wherever 1t may be deemed
necessary to use them.
Property as we'll as men Is ct the
Governments disposal:
This extraordinary circumstanc.
es Of war may bring particular
business and enterprises clearly
into the category of those which
are affected with public interest
and which demand immediate
and thoroughgoing public regulA-
ton. The production and distrI. +.
button OF foodstuffs, articles of
price necessity, those which have
direct relations to military eff.
cheney, those which are absolutely
required for the support OF the
people durin gthe stress OF con.
tiict, are plainly of this sort. Re-
asonable regulations to safeguard
the resources upon which we de-
pend for military success must b3
regarded as being Fl within the
powers confined to Congress 10
enable it to prosecute a success.
full war.
Hamilton said that every Govern
LASAAt Su6AAb " NOlllhlH III ll6elI INC
means Of its own preservation" and
/ Mr.. Hughes expresses the same
thought when he declares that "tha
trainers of the Constitution did no.
contrive an imposing spectacle of i'm.
potency" They knew what war was.
They knew how essential the war
power was and how extensive 1t might
be called into use in time OF national
peril. knowing all this. they werc
careful not to restrict 1t, and because
they did not restrict 1t the United
States is able to adopt the measures
without which we should have to wait
for an actual invasion of American
soil before we could protect ourselves.
Mr.. Hughes address ought to go far
toward clearing away Misrepresentation
in Congress and out of Congress as
to the real war powers Of the Govern.
ment and Of the obligation to use
those powers. 1t is indeed "a fighting
Constitution" as Mr. Hughes calls Il
las effective today as it ever was.
and the oath to support It Just az
binding"
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