The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1920-11-05
iNvALiDATINo THE 10TH AMEND
MENT

powers not delegated to the United
States by the constitution, nor prohi-
bited to II by the states, are reserved
20 the states respectively, or to the
people" Does the esteemed editor Of
The Miami Heard hold that the above
article invalidates and renders nuga-
tory Article V of the constitution of
the United States which reads as fol-
lows: 1.-The congress. whenever two
thirds of both houses shall deem 1t
necessary. shall propose amendments
TO this constitution, or on the applica-
ton OF the legislature of two thirds of
the several states shall call conven-
ton for proposing amendments, which,
In either case, shall be valid to all in
tents and purposes, as part of the con-
stitution. when ratified by the legisla-
lures OF three fourths of the several
states, or by conventions, in three
fourths thereof, as the one or the 9TH
er mode OF ratification may be propos-
ed by congress" IL the editor of The
Herald holds that Article " is invaIi-
dated and is rendered nugatory by Ar
ticle X, then of course his contention
hoids good, otherwise it falls to the
OF course, the editor of The Herald
does not hold that the tenth amend
ment invalidates the fifth article of
the constitution, and it pauses in more
important work to give the Ocala Ban.
ner one more lesson in what was once
constitutional law, before the supreme
court or the United States. aided and
abetted by the congress and some of
the state legislatures, ripped the CON.
stitution to pieces.
IL was once religiously held that ar.
ticle five of the constitution gave the
congress the right to submit a resoIr.
ton calling for an expression of tho
legislatures of the several states On
any matter already mentioned in the
constitution, itself.-Miami Herald
Why and what for?
May we ask if for the purpose of
repeating any matter already embodi.
ed in the constitution?
Is not a ratification of any matter
by three fourths of the states very
general and broad expression as to
the wishes of the legislatures of said
states?
The word amendment" does not. in
law, mean the adding OF new matter
to any instrument or document. a re-
formation Of some part OF the matter
itself.-Miami Herald.
Perhaps not, but we have examined
sew raj law books and they all seem
to hold TO the same common sense de-
finition
There are no high brow definf-
tons in any that We have seen.
For example:
Bouvier's Law Dictionary says that
the senate of the United States NAV
amend" money bills passed by the
house of representatives but can not
originate them.
The conilnon sense definition is to
cure. to correct. to alter, to make bet
ter. TO change. to add to, etc.
And our law making bodies and our
judicial tribunals seem to hold to the
common sense definition.
The fifteenth. eighteenth and nine
teenth amendments were new matte
and held b. strict constitutionalists
az Introducing in the constitution en-.
tirely new principles. especially re-
served TO the states by the tenth
amendment.-Miami Herald.
Was any new principle embodied in
them shall we say more than was en-.
bodied in the first amendment?
The first amendment says that con.
gress shall make no law respecting the
establishment of religion.
The original document is silent
about the establishment of any reli.
gion. So II not new matter. what is
Il?
How about the second amendment?
Nothing is said about a well regu-
lated militia being necessary to the
security OF free state i'm the original
document. and something more than
a well regulated militia is now regard.
ed as necessary to the security of
Tree state. Why. our republican
friends would have laughed the VIII.
son administration to seorn il it had
relied solely ON a well regulated
militia" 10 have met the German hosts
In the Great World war.
And all the other amendments down
70 and including the fourteenth and
fifteenth embrace more or less new
matter. II they did not. they would
NOT have been thought necessary.
Indeed. no body of men. possessing
ever 50 much wisdom. can make a law
or any number Of laws. that will fit
al contingencies fer al time.
II such a proposition were tue We