Every evening, Wilmington daily commercial., 1922-10-31
Tinkering With the Constitution
by Frederic j. IIa,kln


Washington. oct. al.-ITinkering
with the Constitution win be sup
tect much discussed when Congress
gets back on the Job after the cleo
tions Several changes In the organic
law of the Nation will be proposed |
and at least one of these VIII be dl-
rected TO the purpose of making II
ca aier 10 effect constitutional amend |
ments.
In short, not only is there mani |
| fest disposition 20 do Bone tinkering |
with the venerable document, but
there is lnaistance that the tlnkering
should he made less difficult Of ac-
complainant.
The latter proposal is a decided de-
parture from the ideas OF the fore
fathers who framed the Constitution
I and I'm doing 40 made clear their judg-
| mont that IL should be safeguarded
In every way against has'y or Ill
advised alterations. They undertook
| 10 see that no amendment could be
effected that had not been scrutin-
lied carefully and that did not have
back OF Il an overwhelming sentiment
Of the people OF the country. and that
they made good job Of it is attest
ed by the fact that since the COnsu-
tuition was adopted In 1889 II has been
amended only 10 times and 10 Of
these amendments embodied the SO
called bill of rights which had been
virtually agreed upon at the time
the Constitution was drafted and
were adopted In 1891
The Eleventh Amendment, prOvid-
ing that "A State can not be sued by
citizen Of another state. or by citi-
zens or subjects Of any foreign coun-
try. and the Twelfth. providing for
the naming Of candidates for Pres!-
g dent and Vice-president separately.
. followed within a few years the one
\ in 1898 and the other in 1904 Then
q there was lapse Of/G1 years without
{ single change In the Constitution,
n with the three growing out of the
civil War coming in 1885, 1868, and
O 1870
Forty three years passed and two
!. amendments we're declared in effect
e In 1913 the Sixteenth, known az the
n income tax amendment, and the
- Seventeenth which provided for the
z election Of United States Sena tors
by direct vote Of the people Of the
= several states. Seven years later the
n amendments wers made effective
IT which gave the country prohibition
d and woman's suffrage,
Four Carefully Considered.
I, The last four Of the amendment,
, appear to have passed the test con
templated by our fOrefathers Ger
:. tainly they We're debated pro and cor
= for years and were considered wifi
:, care and deiiberatiOn. and It woui,
seem that they must have been de
manded by an overwhelming publi
sentiment. Indeed. It was the diff
~ Guilty with which these constitutions
changes we're brought about when j
- was evident that a majority Of IN,
- people wanted them that led 20 tn,
- proposal that amendments be- mad
:. easier.
!, Senator Owen Of Oklahoma Is tn,
- sponsor for this idea and has intro
:. duced resolutions on the subject II
=, several Congresses. One Of thes,
- resolutions is now pendA9 before tn,
"A Senate Committee on the Judiciary
1t provides that the Constitution may
- be amended TN the following man
ner and in no other way:
40 An amendment or amendments 0
,r the calling OF "A constitutional con
+, vention may be proposed
"a By a majority vote Of the mem
tT bers VI each House of Congress;
- By either House should the othe
so House twice reject the proposal. an
- a failure Tor three months 10 ac
tavorably shall constitute a rejection
H. Congress snail propose an amend
al ment or amendments or the calm
( OF a constitutional convention whe
r. requested by majority OF the stat
rs legislatures. Congress Gr either Hous
a may submit competing measures"
s. This differs radically from III
av original provision Of the ConstItutio
ts under which Congress can propos
es amendments only when two thirds {
I'd. the members OF both houses sha
se deem II necessary. and can call
It's constitutional convention only on Tn
Application Of the legislatures Of two
thirds OF the several States. III
Constitution stipuiates that amend
nients 50 proposed snail become effe,
- tive only when ratified by the Ieg.:
~ ~A%A VI AA&S VI TIE SENEkt
States, or by conventions N tnre,
iOrths thereof, as the one or the othe
mode OF ratification may be PROPOSE
y Congress
Senator owen would change Il
method Of ratification by providir
sn that amendments. after being pr,
posed Otter one OF the ways set Tor,
III his resolution. shall be voted upo
ok, not only by the State Legislature
but directly by the people Of the Sc,
eral States. A majority Of the vot,
50 cast in u majority of the congre
lr: slona! districts, together with a m,
Jority OF all the votes cast through
out the country, shall ratify.
LaFOllette After the Courts.
Senator LaFollette OF Wisconsin
understood 10 favor the owen pr
posal, but he has one Of his own
which he is even more deeply inte
ested. He Is one OF the members
Congress who are jealous OF Il
rights and preroSatives of that boz
and he is especially aroused ov
what he regards as an invasion
the powers Of the legislative bran,
Of the Government by the judicIa,