The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-09-10
STATES, RIGHTS PROPERLY UNDERSTOOD.

Il OLA Ed Mutt ! y ~
We hear q great deal OF talk about
states right which Is not based on real
knowledge OF our constitution or the
spirit OF our institutions.
In forming the federal union the
states oeded to the federal government
certain OF the elements OF state sover-
eighty and retained, others.
On the question of amending the
\ instrument OF union two methods were
left open. The states might by hold :
Ing conventions propose amendments. or
the congress could propose amendments
and the states could ratify or refuse to
ratify.
The constitution Of the United
States was not intended for all time.
Its trainers were very wise men. But
they did not foresee many things which
have happened. They did not apprehend
the controversy over slavery. They did
not realize that there would be an eco
nomic and industrial revolution and that
such largo portion Of our people would
live In cities. They did not foresee
electricity. the telephone and telegraph.
railroads, and steamships. the x-ray or
tho aeroplane.
They were not wise enough to WIS.,
unlize tho battloship or the machine
gun.
But they we're 40 wise in their time
that they realized that the form OF
government which suited the needs OF
a sparsely settled agricultural coun-
try might not suit the United States
OF America at some time In the future.
So among the rights lodged In the
states was to propose amendments, or
TO ratify those proposed by the
| congress.
Once ratified by three -fourths ~ the
stntes these became to all intents and
, purposes n part Of the original charter
Thomas Jefferson had been In France
most of the time the convention was
framing the constitution. II wasn't
written exactly TO suit him. But he
didn't do like some Of the opponents Of
the league OF nations are now doing,
He accepted II rs being 80 far so good
and along with George Mason, Edmund
Randolph ana other loyal Americans he
proceeded TO have tho first ten amend
ments adopted. These constituted what
IL known as the bill Of rights. They
pertained TO the rights OF man, They
protected the individual. They were the
principles Of the declaration Of inde-
pendence written into the constitution.
Just ne today tho aim ~ democracy
Ia TO secure the self-determination ~
peoples, so the battle waRed In fT76
was TO attain Individual liberty. The
right of local self-government was tho
fundamental principle Of the new gov
ernment. II was based on the Jeffer-
sonian dogma. Governments derive
their Just powers from the consent OF
the governed" Woodrow Wilson re-
enunciated II on Jan. 2a 1917, when he
proposed a Monroe doctrine for the
world based on that principle, II the
Germans had not been so intensely
stupid they would have allowed our
president TO carry out his plans for
werld peace and millions Of lives might
have been saved. and we would have
attained at an earlier day the ideals
sought.
Now II the American constitution
were not elastic II would not, as Will
liam r. Gladstone said Of II. be 'the
greatest instrument ever struck at one
time from the brain OF man." There
Ia such . thing as n constitution be-
iug too rigid and binding. II may be
a straishtIacket ana dwarf develop
ment. Placed on a lusty and growing
nation II may he thrown of by revolu-
ton II II cannot be changed In a peace
4 full manner.
The fathers thought they had safe
| guarded our Institutions from any rad
| ical or rapid changes by the method
imposed for amendments, They could
he made only II congress proposed and
three -fourths OF tho states agreed. or
| II three -fourths Of the states proposed.
Tho latter method has never been
resorted 10. Comparatively few changes
have been made After the FIRST ten
amendments known as the bill Of rights
wero adopted over q century and
quarter elapsed before nine more had
been made only six OF theso have
been adopted In the pats half century
II Is thus evident that the right has
not been abused That II IL a precious
rlfht of the state TO Join with three
fourths Of the other states in making
change goes without saying. Shall
three -fourths goevrn or shall one--
fourth7 There are some hair-spllttinE
and pettifogginE brains which concern
themselves tremendously over the OBJ
jectionp which may be raised by an
insignificant minority, but who seem
little impressed with the desires Of an
overwhelming majority,
They do not accept lefferson's advice
that we acquiesce IN the will Of a ms
jority.
We have made some important
legislative changes by the constitu.
tloral amendment route. II was in that
way that We got the federal income
tax otherwise the great war could
no, have been financed successfully. We
made an exceedingly important change
In the form Of our government when
we passed the amendment Tor the pop
ular election Of United States senators,
The prohibition amendment WAS the
next. II was ratified IN all the south
ern states. They did not seem TO be
disturbed then about interfering with
the internal AFFAIRS Of other states. Fol-
lowing the Civil war the negro cN-slavcs
we're given the franchise. Naturally
when In some states there was long
coiay about woman suffrage the led.
eiu. amendment route was taken. and
with success. Yet "a great howl has
been raised that We have .utcrfcrod
With the government Of other states.
We have done 30 no more in this case