The New York herald., 1922-01-02
Our Constitutional System.
The Function Of Senator's Changed
by the Seventeenth Amendment.

To THE NEW YoRK HERALD: Whether
the Sixteenth Amendment to the Consti-
tuition of the United States completing
the power of taxation in the general
Government has justified itself or not
it Is perhaps unnecessary to inquire.
Generally speaking government shouid
have the power of taxation, with the
full responsibility for an abuse OF the
power. AS this power Is necessarily
concurrent with the power In the states
thero Is a peculiar reason why there
should be an intimate relation between
the States in their organized capacity
and the Federal Government, and this
was provided for by Section .. Artcie L.
that "the Senate OF the United states
shall he composed of two Senators from
each State. chosen by the Legislature
thereof. for six years, and each Senator
shall have one vote" This was further
fortified by a provision that while the
Constitution should be open TO amend
ment generally mo State. without Its
consent. shall be deprived Of its equal
suffrage in the Senate"
This was tho great perpetual link be-
tween the sovereign states. as corporate
beings, and the Federal Government; I;
the states. which were yielding the
power of taxation, yielding the power
to make war. declare peace, enter into
treaties and alliances. were to have a
distinct representation in the Senate.
which had a deciding voice in legislation
and in the exercise of those executive
powers which dealt with international
relations.
The House of Representatives., elected
by tho people of the States. had the
sole power of originating the money
bills. but the Senate, chosen by the Leg
islatures, had the power OF preventing
the enactment of these bills IL they
seriously incommoded the States. On
the other hand tho President had the
sole power OF originating treaties, NOM
mating ambassadors and other officers,
but the Senate. acting in behalf OF the
states represented by their Legisla-
lures. had the power to defeat the trea-
ties and to prevent appointments dis
tasteful to the States. as well as to gov
ern in the matter OF making war, which
could be declared only by Congress. In
which the Senate had the power OF
negation.
There was not complete surrender
OF the rights of the States In respect
TO these matters: as Madison says. In
a. federal government the powers act
upon the political bodies composing tho
confederacy In their political capacities.
while in a national government they act
upon the individual citizens composing
IL. and he says also that our Constitu-
tion is neither wholly national nor
wholly federal" CNo. 80, the Federal
ist)
This very exact political adjustment.
80 delicately balanced as to give rise
to a suspicion of lack of energy, but
which more than a century of experience
had demonstrated to be well adapted
to the end desired, was wantonly In
vaded by the Seventeenth Amendment,
taking from the Legislatures. chosen by
the people OF the States. the power to
choose the Senators In Congress-, thus
destroying, both I'm theory and In prac-
tlce the greatest safeguard TO the real
liberties of the people of all the States
which was to be found In the original
Constitution.
Inc VOICE ol Nhc otA'SS' 90 0'h'0'' u"
lost In the national Government; the
Senator in Congress is chosen for six
years by popular vote upon the ephem-
eral issues which appeal to the senses
for the moment and are lost In the tur-
moil, and the great average intelligence
and Judgment OF the people. gathered
from every corner Of the state and CEN
tered In the Legislature, Is without ex-
preston. because the Senator bears no