The Waterbury Democrat., 1931-04-10
Governors Given New
 Weapon To Fight For
 Rights Of The People
Article of the Federal Constitution Not Intended to Create Super-Power of Government Says .Fitz- Roy Anderson, Chairman of Associated Organiza- tiOns for Civil Liberties

An appeal to the governors of the various ktatcs asking them to fight against the encroachment of the courts and the federal government on the rights of the people because of mfsconstruction of the intent of Article V of the Federal constitu- tion. has been made by A. Fitz Roy Anderson, chairman of the Associat- ed Organizations, Inc, with offices in New York city. This organiza- tion is the national clearing house of clubs, societies and associations with total membership of thfrty-fivc million persons. The purpose Is to protect the civil liberties of the American people.
 Citing an entirely new argument never before presented to the su- premc court and just originated by Charles Hall Davis, q lawyer of Vir- ginias to wit--that Article of our Federal Constitution is not a grant of power, but rather limitation of power of the government, MT Ander- son points out to the governors of the forty-eight states that the pres cnt construction of this article by the U. S. supreme court Is failacious and that 1t is now time for the states to assert themselves by going into court and dema nding restoration to the people of their rights of sov- erignty. The U. s. supreme court has ruled that states can not ratify constitutional amendments by state referendum. This Is, according to the argument of the lawyer cited by Mr Anderson, q subversion of the sovereignty of the people. This de- cision holds this national power granted by the constitution to three- quarters of the state legislatures. is a' tra ansccndant power, that 1t tran scends any limitation imposed, or at- tempted to be imposed. on the re- spective state legislatures, by the people of the respective states who created them, that the governmental agents have been made sovereign over the people who respectively cre- ated them, with n transcendant sov- ereignty, which can not be limited by the people of the state either through the provisions of the state constitution or otherwise
 This new view of the much debat- cd Article V of our Federal Con- stitution is expected to receive wide attention because 1t does not require any complicated legal argument to bring out its reasonableness. accord ing to MT Anderson. And the new argument presented by MT Davis is so basical1y sound that 1t should win the support of the entire nation In holding our constitution to it's orig inal purpose as limited grant of epumcrtaed powers" The charter purpose of the associated organiza- tions Is for the dissemination of knowledge concerning the Constitu- ton of the United States and for the promotion of united patriotic en- dcavor.
 The Masic Issue.
 Thc genius of man has discovered only ono sure way to protect tho in- f tfr<.. and despOtism of government. Lib- crty can be preserved only by the recognition and enforcement of the principle that government is the limited agent and the servant of the sovereign people. who can always re- yoke the agency, change its terms. control the exercise of the delegated powers. Or appoint new agents. In this country, governmental author ttics must be always the trustees and servants of the people as their mas- ferS. The people are always soverign over government with a sovereignty that Is indubitable, indefeasible and upaiienable.
 By, no compact or device can the people of one generation vest in gov crnmenfai agents Il sovereignty or supreme power over succeeding ss0r future generations. Each generation is born equally free and independ- ent with all preceding generations, and has an unalicnable right to alter, revoke. lessen or enlarge the powers Of its governmental agents, or to ap- point new agents.
 Under the American conception of the indefeasible sovereignty of the people. It was impossible for the peo. plc hundred and forty years ago to vest in any governmental agents Inc sovereign power to divest the fv <.f fssf kl retained rights and reserved powers without their consent. or over their protest. even If tho framers intended to do this.
 Prohibition and Suffrage Case.
 The supreme court In the national prohibition cases and in the woman suffrage ease has held that under the Constitution three -fuorths of the state legislatures were granted power thereafter to divest the people of all the states of any or all of their re- tained rights or reserved powers. without the consent of the people and even over their protest.
 The court holds that this national power granted by the Constitution to three-fourths of the state legisia- lure. Is a transcendant power--that It transcends any limitations impos- cd. or attempted to be imposed. on the respective state legislatures by the people Of the respective states who created them--that the govern mental agents have been made sov- | crefRn over the people who respec- tiveiy created them with tram ncendant sovereignty. which cannot | be limited by the people of the state | either through the provisions of the | state Constitution or otherwise.
 This holding of the court con- | tradicts the most bnsic principle of | government in America. It is an im- | posstbls conception. because 1t dc- | nies the defeats and unaiienable and | indefeasibie sovereignty of the peo- pie. It Ia such q basic contradiction | 6 Fundamental principle as to be | n reduction to an nbsurdity. It can- not be correct. To assert that the | sovereignty of the people can he | alienated and defeated by comforting | 1t on governmental agent created | by the people as their servant. so that the servant becomes master. is . contradition in terms. A construc- lion Of any provision of the Constitu- ton which leads to such result is necessarily a miscongtruction.
 Supreme Courts Decision.
 Yet the supreme court has sustain | nd just such n claim and just such | in tho decisions referred 10. It has fallen into this error through a misconceptIon of the real purpose of Article V and n mis- conception of the real purpose of Article V and misconstruction of It's meaning and effect. It has con