Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-06-28
Points 10 Constitution
As Safeguard of States

To the Editor OF The Star:
The Capitalization of power in the
Federal Government, as opposed to the
States rights doctrine, or decentraliza-
ton, is one of the leading topics of dis
cussion by many prominent in the af-
fairs of Government The most effica-
cious remedy for the usurpation OF the
States powers by the Federal Govern
ment Is the proper construction and APP
plication of Article v of the ConStitu-
ton.
Article v of the Constitution, in part,
provides: The Congress, whenever
| tWo-thirds of both houses shall deem
! it necessary. shall propose amendments
to this Constitution, or. on the appllca-
ton of the Legislatures of tWo-thirds
Of the several States, shall call a con-
vention for proposing amendments
which. in either case, shall be valid to
all intents and purposes. as part OF this
Constitution. when ratified by the Leg
iSlatures of three-fourths of the several
States. or by conventions In three
fourths thereof, as the one or the other
mode of ratification may be proposed by
the Congress"
Clearly. it Is discretionary with the
Congress how proposed amendments TO
the Constitution may be ratif1ed-that
is. either by the Legislatures of three
fourths of the several States or by con-
ventionS in three fourths thereof as the
one or the other mode of ratification
NAV be proposed by the Congress, but,
plainly. it is not optional with the Con-
gress how amendments to the Constitu-
ton may be proposed. The Language
of the Constitution concerning the pro-
posal of amendments Is unlike the ver-
biage of the Constitution regarding the
ratification of amendments, in that as
to the proposal of amendments the Con-
stitution does not state, las the one OF
the other mode Of proposal may be de-
termined by the Congress"
At the threshold there are two def
mite. distinct and specific modes for pro-
posing amendments to the Constitution
and these two widely different methodS
most certainly were devised by the
trainers of the Constitution and ratlneo
by the Legislatures OF three-Iourths OF
the several States, for two definite, dis
tinct and specific purposes, one ema-
mating with the Congress and the otner
emanating with the States.
The tenth amendment provides, The
powers not delegated to the Unlteo
States by the Constitution, nor promo
tied by it to the States, are reserved 10
the States, respectively, or to the peo-
Pile" ,..-.,
Obviously it was the intention OF the
Constitution trainers and the LegiSla-
lures of three-fourths of the several
states ratifying the same that the tirst
mode of amending the Constitution
should be exercised by the Congress
whenever 1t deemed it necessary to
amend some power which had been
delegated to the United States by the
Constitution or prohibited by it to the
States.
Palpably it was the intention OF the
Constitution makers and the Leglsla--
lures of three-fourths of the several
States ratifying the same that the sec
ond method of amending the Constltu-
ton should be exercised by the States
or the people, whenever they deemed IL
necessary to amend some power when
had been reserved to the states, re-
spectively, or to the people.
Undoubtedly, If Article V oil the CON
stitution was construed and applied as
stated above, many of the complaints
being made concerning the usurpatlon
of the constitutional prerogatives OF the
States by the Federal Government
would be remedied. as the ninth amend
ment also provides, THE enumeration
in the Constitution of certain rights
shall not be construed to deny or as
parage others retained by the people.
H. A. CLARKE.