The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-09-21
The Spirit Of the Constitution

Constitution week II closing somcNllat In a spirit Of
neglect for tho subject 10 which It IL devoted. There has
been ITO general discussion Of the nations great charter
evoked by setting aside a week for concentrated thought
about II.
The explanation possibly can be found In tho expansion
81 the constitution by adding provisions OF 4 controversial
character to II. It Il no longer the instructive custom to
dwell OH the document IN p%ancgyrica. Rather tho subject
has become ono Of argument between irrcconcilablc
schools OF thought dividing on the wisdom OF recent adj
dniois. IT Is SO difficult FOR either side Oh the issue OF
prohibition, for example. TO speak OF the constitution
without bringing III tho great American controversy, that
u has become tho habit OF cautious minded critics to let
the constitution rest and talk o. something else.
A fitting thought for Constitution week may be found
IN tho fact that originally tho constitution was written TO
prescribe tho form OF government and how It's legislative.
executive and judicial departments should function. 1t
set forth the nature Of the officials Of government and
their terms OF office, provided for apportioning the law
makers OF the two houses and In general set up the form
Of government. IL was q charter OF republican fedora
ton. a piece OF civic architecture. a document OF form
and moro Of q plan than an instrument Of law. III fact
AZ wasn't law at all. 1t was All agreement joining the
American people In q compact to live together In icdcr-
atcd form and to regulate that living together as far as
the cOrnnlon concern went.
Later II WAS found wise to extend this concordat by
adding to It the first provisions partaking OF the nature
OF law - u Is known IN the courts. The bill Of rights was
incorporated with It by amendment.
Still later tho issue 0. the Civil war made II cxpedient
TO add other amendments Incorporating some OF the de-
cisions reached BY the sword. as the abolition Of slavery
and the cnfranchiscmcnt Of the negro. Woman's sur
fragc. the popular election OF senators and tic income tax
added still other expansions to the document.
All theCc amendments were In the direction either Of
. greater liberty. Of guarantees OF personal freedom and
rights. IN extension Of the scope Of democracy or An alter
alton n The form Of the official structure Of tho govern
mont and some Of It's functions. The prohibition amend
meut WAS : sharp variation from the principle that had
prevailed before. It wrote police power into the con-
s~tttutlon. brought the great charter to bear on crime and
hung ~ implication Of penalty over the heads OF the
Doopte. vIsWed - the light Of what the fathers thought
apcsocFtAts material to 90 Into the provisions OF the In
srunent-Wiieh oladstons % venerated that hs said It
W0s - greatest singls civic achievement ever struck
lroon y ! mind u map-thts was I striking and momen.
11paftufe from to original course. Perhaps the fu-
lUGenay hold equally p~oetentous changes In store Tor Il.
Uo0pyee. 4 tn spisit q tho constitution Is preserved
~ NheteveF ehaness ~ luturs brings. the great charter
~xg ~ - epduringly. pesfosnlns ~ sublime function
! p~tovtalno Wtat llnesln tevued government Of tho
n - peopje - for - people That spirit.
1S@1 - ~ Amoetean sspuhltc. y vt forth II tie
7fff {I A<ln 4 ~ ~ theee ts whom II il the
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