Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1926-09-25
GOVERNMENT AND THE
CONSTITUTION"

Hon. John Randolph Tucker, ex-
President of the Virginia Bar Asso-
citation is a master of legal ethics
ard a statesman of the highest or
der in his expounding of constitu-
tional law. We drew this conclusion
from an address as published in the
Richmond, Va. TimesDispatch, of
recent date, the same having been
delivered September 10th before the
Kiwanis Club Of this city. The ex-
tracts are as follows:
Unless present-day tendence s to-
ward ultimate destruction of the
present form of government are
promptly checked, that government
instituted by the founders of 140
years ago, and which has served so
well, will be obliterated said John
Randolph Tucker, vice-pres,dent OF
the Kiwanis Club, yesterday after
noon before that club. Mr.. Tucker
spoke briefly on Government and
the Constitution"
1t will not meet the physical fate
of Sodom and Gomorroh, but its
destruction is just as sure.
And again: aSFIw-y'I
AT the time of the American Rev
oluton, the theroy of the divine
right of kings was generally accent
ed throughout the civilized world,
which looked with contempt upon
the then novel plan of a government
of, by, and for the people--a plan
$50 at variance with accepted despotic
or oligarchical forms. Judged by
accepted standards, indeed the flu
ture of the new nation was by no
means bright, but the fruition Of the
seed depends, in large measure, upon
the scAl wherein 1t is planted. and
the seed of popular government sown
in America, terminated, sprouted,
grew and developed in a favorable
soil and atmosphere until today we
lind this infant prodigy among the
nations, and accepted leader, and
the derided theory of constitutional
government, an accepted fact i'm al
mesJ every civilized country of the
world
This is statement Of a we'll
known and accepted fact. Mr. Tuck
er says further:
a study of the development of
Anglo-Saxon civilizations will reveal
fSo basic, dominant pr nciples un-
deriving their political PHILOSOPHERS.
The first of these IS the principle of
individual liberty, and the second,
the principle OF local self-goveIn-
ment" And, further: 1.-THE peIrpet-
nation of our constitute onal form
of government demands just ascer
tainment and a proper assignment
of the powers of government as be-
tween two equal sovereigns. A usur-
patton of power by either involves
violation of constitutional guaran-
tees and is a menace to the stability
of our institutions"
In the above statement, Mr.. Tuck
.er states basic principles as he says.
When you destroy individual liberty,
you sacrifice the fundamental right
of freeman. When you nullify the
principle of local selftgovernment,
you destroy the constitutional right
of an individual unit called State.
When Mr.. Tucker speaks Of the
Federal Government and a State
Government as being two equal SOW
ereigns, he goes back to the bed
rock platform of John G.. Calhoun
and Jefferson Davis.
But this brainy Virginian SPEAKS
out in the meeting He risks his
present day political future In his
devotion to principles, which are
eternal when he comes home" to
the days issues and boldly declares
as follows:
'In the past thirteen years four
amendments to the constitution have
been ratified and adopted, and one
is now before the several States for
ratification or rejection. These, with
one exception, further curtail the
powers of the States and enhance
the powers of the Federal govern
ment. The sixteenth amendment
permits the direct levy of an in
come tax by the Federal Governm
ment; the seventeenth provides for
the election of the United States
Senators by the people; the eight
zenith established national prohibi.
ton. and the nineteenth prohib Is
the States from curtailing the right
of women TO vote. The proposed