Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-03-12
Federal Invasion of States Rights

IN the scheme OF Federal invasion of the
l reserved rights Of the States with respect
to regulation OF their own domestic con-
Germs, the present Congress has already sub
mitted one amendment TO the Constitution,
ratification OF which will be a long step III
the direction of destroying the equilibrium
OF powers between the Federal and State gov
crnmcnts which the trainers of the Constitu-
ton deemed absolutely essential to moro
perfect union and the perpetuity OF free gov
ernmcnt. This tendency to break down the
wall of partition that divides Federal anu
State powers, not content with this achieve
ment finds added zest for further assault upon
that bulwurk against the extension Of Federal
authority, and in furtherance thereof the
lower house Of Congress has voted for tho
submission of another amendment. whose
purpose is to deprive the States OF their
right to determine for themselves the qualif-
cations for the exercise OF suffrage. The
resolution submitting this amendment is
pending in the Senate, and final action on it
is deferred chiefly because its supporters fear
it's defeat on n vote in that body, and desire
more time for propaganda work among the
Senators.
1t is not denied if the proposed amend
ment is passed by Congress in the constitu-
tional manner and is ratified by three-fourths
OF the States. that it will become part of
the Constitution. binding upon all the States,
but The Timcs-Dispatch does contend that the
effect OF such amendment will be to take from
the States right which they have had since
the foundation of tho government, and no
States rights advocate can consistently sup
port it. The right it would take away from
the States is by specific grant in Article l.,
section g Of the Constitution, confirmed and
strengthened by the tenth amendment, and
without which it is certain the Constitution
would have failed Of adoption.
Emphasizing the unwisdom of the adoption
OF the proposed amendment, Henry ST. George
Tucker, one Of the most eminent authorities
on Jurisprudence in this country. in his book,
"Woman's Suffrage by Constitutional Amend
ment," says: while undoubtedly the legal
power to amend the Constitution of the
United States is unlimited. and by 1t the
most important local rights of the people
may he taken and conferred upon the Fed
cral government, still, before such action Is
taken, In view of this principle which con-
trollcd in the original formation Of the Con-
stitution and has followed us to this good
day the people OF the States should consider
we'll whether they are justified in breaking
down the original structure of the govern
ment by taking from it's pillars the stones
which are necessary to its support"
In effect, the amendment proposes to nut
INTO the hands OF the other forty-seven
States of the Union the power to control the
iocal polcles in each State against the wishes
ana the interests, il may be, of the State af-
lected. This was clearly never intended by
the trainers of our government and is on
posed to the genius of the whole Constitu
ton. If State may not regulate the aues-
ton OF suffrage for itself, it is in no sense an
independent State such as is contaminated
by the Conalitution