The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1920-03-26
UPON THE REsERv.
Ed RIGHTS or THE STATES

return to the democracy, Of the faith
ers," "a representation" and 9TH
er catchy phrases, q great deal is now
being said about Infringing upon the
reserved rights of the states
If it be true that the states are
now being deprived of their sovereign
ty, If the states feel that their ''reserv-
ed rights" are being disregarded. it oc-
ours to us that the readers of history
will find that under the old articles
of confederation the states enjoyed
too much sovereignty.
The founders of the government,
the fathers who devoutly desired to
see the republic preserved recogniz-
ed that its weakness was in the I'M
limited exercise of sovereignty by the
several states and the want of some
central power to which vexed and dis
turbing questions could be submitted
for adjustment.
While there was national con-
gress there was no executive head,
no national or federal judiciary, so
the congress had no way of enforcing
its DEGREES, and it very often found
itself impotent to perform its neces-
sary functions.
Its hands were tied for the want of
jurisdiction
There were constantly arising con-
fiicts and friction between the states
over boundary lines and other dis
putes, and a dissolution and disinte-
grafton seemed imminent, so a con
vention was called and constitution
agreed upon and submitted to the va
rious states for ratification as stated
in the instrument itself, in order to
form more perfect Union
It was long time before the neces-
sary two-thirds of the states could be
secured for its ratification in order 70
make 1t effective.
Some of the states. hesitated long
time before surrendering any part of
their sovereignty to the federal gov
ernment, for it was known that when
adopting the constitution great deal
of the powers then exercised solely
by the states were delegated to and
would be exercised by the federal gov
eminent
Had the states not relinquished
those powers it would have been inn
possible to have formed more per-
feet Union and the history of the
United States of America, which Is so
luminous and so justly regarded as
"a beacon light for the nations of the
EARTH" would never have been writ
ten
After a certain length of time the
following amendment was added to
the constitution and is known as Ar
ticle X:
1.-THE powers not delegated to the
United States by the constitution nor
prohibited by it to the states, are re-
served respectively to the states or
to the people"
What powers not delegated to the
United States do the states exercise?
Some writer's and speakers seem
to hold that the federal encroach
ments have been so great that the
states have been stripped of all their
powers that really have to do with
sovereignty.
But that is not true.
The states exercise the power over
life and death.
If the president of the United
States were shot down in any state
of the Union--however hostile that
community might be to the president
or to his administration his assas-
sins would have to be tried in the
state in which the crime was commit
ted.
No federal court could claim Jul
risdiction in the matter On the ground
that the president is the head of the
nation, holding federal oHlce, IheTe-
fore his murderers should be tried
by federal law.
That is one of the rights reserved
to the states" and has never been
parted with; so are property rights
among the reserved rights
So we have our municipal courts,
justice of the peace courts, circuit
courts and supreme courts. and the
number OF judges and the number OF
lawyers tell the story of the sover
eighty the states still possess.
These courts would not be in con
slant operation if those reserved
powers were not still tenacously
held by the states, and had been as
sumed by the federal government.
10 - l,oll cIoxvn, we roo