The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-09-09
assailiny the Constitution.
Whenever in the exercise o. il

tSSaikIng the CONSTITUTION.
Whenever. in the exercise O. its
proper function the Supreme
Court decides that the national
Congress has exceeded its consti-
tutienal powers in passing given
law, some Of those persons who
believe that the law in question is
Just and desirable cry aloud for the
liberation of Congress from the re-
straint of the judiciary. SO some
recent decisions OF the court have
been followed by the proposal that
the Constitution be amended so that
Congress by a two-thirds majority
can make effective law that the
Supreme Court has set aside as
unconstitutional Few of those
who support that proposal under
stand the serious effect that 1t
would have on our system Of gov
ernment They are interested in
particular legislation, eager for the
nation at large to adopt it at once
and impatient OF any obstruction
or delay. But there is something
else more important involved in
their proposal. If we are to have
a federal system some subjects OF
legislation must be strictly re-
served to the state legislatures and
forbidden to the national Congress.
IF we are to be governed by a
written Constitution, there must be
some one charged with determin-
ing whether in particular; cases the
provisions Of the Constitution have.
been observed. The proposed
amendment. although sincerely in
tended merely to insure the prompt
fulfillment OF the peoples will.
would open the door to endless
usurpations Of power by Congress.
It would be more straightforward
to abolish the written Constitution,
to establish our system OF govern
ment. ike that OF Great Britain,
ON acts Of Congress. and to extend
the power of Congress over the
entire field of legislation.
We do not believe that that
would be a wise thing to do. or
that many people want, to see it
done. Our local and state govern
ments ought not TO be deprived OF
any. authority and influence that
they now have. Political liberty,
which is what our fathers were
chiefly anxious to establish and
what we have beer taught we
ought to maintain, will be safe only
while local government is
strong and vigorous. When every
thing is controlled and directed
from Washington the downfall of
the republic will have begun.
Anyfgood law that Congress can
be induced to pass the state legis-
Iatures Will enact if public opinion
demands it. Any amendment that
deliberately transfers from the
court to Congress the interpreta-
ton of the Constitution would cre-
ate a political revolution, the mag
nitude of which those who propose
it hardly understand. "Te what
purpose" asked John Marshall IN
one of his great decisions, "are
powers limited, and to what, pur-
pose are those limitations COM
mitted to writing, II those limits
may at any timeape passed by those
intended to be restrained? -. !.
Either the Constitution controls
any legislative act repugnant to it,
or the legislature may alter the
Constitution by an ordinary act. If
the latter be true written .constitu-
tons are absurd attempts on the
part of the people to limit a power
in its own nature illimitable.'
Before we throw over the Con-
stitution. with all the restraints
and limitations on the immediate
power of government that the
trainers deliberately wrote into it,
let US remember what. Abraham
Lincoln said Of the system it ere
ated: Whoever rejects it does Of
necessity fly TO anarchy or to des-
potism."
And though we might FLY to one
or the other alternative, the con-
sequences would be none the less
disastrous.-Yeuth's Companion.