The Birmingham age-herald., 1924-11-23
CONSTITUTION AND STATES.


 the nation, The Age-Herald sponsored an oratorical contest among high school students on the subject of the American Constitution. The purpose behind that was the patriotic one of bringing this foundation document to renewed public the effort was attended with extraordi- nary success, and that thousands of adults as we'll as students were impressed anew with the Constitutions essential saneness, soundness and impregnability as the bulwark of our human liberties and rights. Undoubtedly, this national con- test and study of the Constitution exer- cised a profound influence on the vote repudiating the destructive LaFollette proposal to destroy the Constitution by giving congress the authority to override our acknowledged referee on Constitu- tional issues, namely, the federal supreme court. To whatever extent this result was effective, The Age-Herald and the other newspapers feel we'll repaid for their part in sponsoring the debate.
 It is said on reliable authority that many of our law schools neglect the study of the Constitution to such an extent that too large percentage of their graduates fail to comprehend the basic nature ot our Constitutional provisions. Perhaps it is for this reason that so many of our laws, both state and federal, winch are usually in large part framed by lawyers, are later found to be unconstitutional. No doubt, there are many laws now operative which would be found unconstl- tutional if put to the test. 1t IS difficult to see how one can be grounded Tn the law if he is not familiar with the pro- visions, scope and intent of the Constltu- tion. He may be versed in court pro- cedure and may know how to find the law pertaining to the case in hand, and how to build up a defense for his client, or to nrosecute in behalf of his client. But without grounding in Constitutional nrinciples. he has inevitably sacrificed that perspective in which all law should be viewed by lawyers. Being grounded m tbe Constitution, he would undoubtedly discover that there is upon him mgher responsibility to the government than to his client. He would have that lofty con ception of an attorneys function wmch enabled John w. Davis truthfully to say that no one of his clients ever controlled or fancied he could control the John w. Davis conscience.
 Although states rights have been principle steadfastly advocated by South ern spokesmen, it is encouraging to know that they do not stand alone in thls po- sition. Speaking on the plan to permit congress to override supreme court Con- stitutional decision, Honorable Frank O' Lowden, Republican ex-governor ot llll- nois. thus told the Daughters ot the Con- faderacv in convention at Savannah:
 If this shall happen, the states, as we know them, will disappear. They Will oe-
 come but mere shadows of their former
 selves. They will finally be ruled from Washington. the seat of autocratic power. Tho "I ost Cause is dear to the heart or
 every Southerner. But though he lost ms
 cause, he found greater country 'hai
 my of which he had dreamed NoW' II
 the nroposition to substitute the Will ot
 congress for the sacred guarantees or the Constitution shall prevail, it will indeed
 he Host cause" for which both the
 North and South poured out their blood
 upon a hundred battlefields.
 The supremacy of the federal govern ment is acknowledged and not disputed. But there is a distinction to be made between federal supremacy and federal usur.pation of states rights and Constl- tutional guaranties. Extensions of fed eral supremacy into fields more intimate lv germane to state sovereignty are dan eerous and should not be furthered. Con press has not sufficiently distinguished It. self for efficient administration ot pure lv national affairs for it to lay legitimate claim to constitutional wisdom superior to that of the supreme court, or to legls- lative capacity transcending that ot the states, If frankness is desired, 1t may even be said that congress has revealed a decided incapacity in meeting many ot it's own responsibilities. That record alone is sufficient warrant for Keeping congress within it's present bounds. l A