San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-09-19

ne Constitution of the United
States is but scrap of paper when
it stands in the way Of certain indi-
viduals when they have something they
want TO do and it stands in their
way and the document of American
liberty is endangered by selfish legIsla-
ton, is the gist of the address pre-
pared by committee of lawyers OF
San Antonio in connection with TIE
observance of Constitution Week. The
address also contains a hint that eff
forts of certain groups to make the
federal government engage in all sorts
of activities regardless of whether the
power TO do SO was conferred on the
federal government will, unless check
cd, destroy the substance OF the Con-
Stitution.
The address draws the line between
Institutional government and ajor-
ity rule. Law enforcement, it is point
&C. out, is not punishment of a man
suspected of crime: it is punish
ment of man convicted Of crime
III manner provided by the law of the
land.
Congress has practically ceased to
regard the Constitution in enacting
legislation, it is stated, and warn
ing against popular crusades for laws
that are in violation TO the princi-
pes of the Constitution is sounded.
The address follows:
To the Honorable Joseph Ryan. Pres
idcnt of the San Antonio Bar Asso.
citation:
On this, the hundred and thirty
sixth anniversary of the signing of the
Federal Constitution, we. your MEM
orial committee, propose the following
address to- the public:
The Constitution is in danger. =
1t may be that lnajorhy of the
American people believe in the prln-
riples of the CONSTITUTIONAL the
principles of constitutional represen-
tative democratic government. But
they appear not infrequently TO favor
legislation that is violative of the Con
stitution. and ready to support those
who would have the Constitution 50
construed or amended as TO destroy
all limitations on the power of the
government. This is due, in the main.
10 their impotence with constitutional
restraints and TO lack of understand
ing of constitutional principles.
The Federal Government is one of
limited powers. The Constitution di-
vides the powers of government into
three separate departments-the legis-
lativc. with power to make laws au-
thorized by the Constitution; the Ju-
dicial. with power to construe those
laws and to apply them in concrete
cases. and the executive. with power
to enforce the laws as made by the
Congress and as construed by the
courts. Tine power of each depart
.mcnt is defined and limited. Moth
ing can be done except as authorized
by the Constitution.
These limitations on the powers OF
the government were deliberately
adopted by the makers of the Consti-
tuition. They established govern
ment of limited powers and adopted
the principle of dividing the powers
of government among senarate depart
ments. in preference to the Old World
system of government OF unlimited
powers and the policy of concentrat-
ing all the powers of government IN
single head or body. because expert
ence had shown that the Old World
system of government and the policy
of concentration of power was de-
structive of the rights of individuals
and the freedom of the people. No
neopIe have ever continued in control
of their government. and remained
truly free. under a government of I'M
limited covers concentrated in a SIN
glc head or body.
But neopIe who want quick action.
who want things done out of hand
overnight. think that our government
of checks and balances is out of date.
and that the Constitution which stands
in the way of instantly getting what
they want should be swept out OF the
way. They are more concerned in
having something done than they are
in having it done right or in having
the right thing done. They could get
things done quicker under some other
form of government. but things are
done better under our system of gov
eminent than under any other. All
experience shows that things done
without knowledge or without due
things done in hurry
or in passion. are always badly
done. Nevertheless. the number of
people who favor or sympathize with
the movement to destroy the constitu
tional checks on the power of the
Federal Government is simply amaz-
inc