Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-21
The Constitution Today.

The Constitution Today.
The Constitution Of today differs
vastly from that of 1887. The funda-
mental change, however, has not come
as some of the Delegates feared
through ACKNOWLEDGEMENT on the
part of any one department at the ex-
pense of the other two.
In spite Of much argument to the
contrary, 1t is now generally accepted
that Chief Justice Marshall did not
make the Supreme Court mighty by his
mere will power and ruthless reasoning
It's strength is Enthusiastically outlined in
the Constitution itself.
Likewise, it is not true that the sump-
tuary legislation in the amendments, or
even the two far-reaching extensions Of
the suffrage, are the most spectacular
changes in the Constitution of today as
contrasted with that sent to the State
Conventions OF 1887 for their ratifica-
ton or rejection.
However, two tremendous and unmis-
taxable changes have been made by
| forces working in opposite directions
The first of these has been the reduc-
ton of State sovereignty by the COM
| bined and steady action OF all three OF
| the branches of Government. The sec
! ond has been a continued move
has resulted not in any change in the
relationship of the three departments
to one another, but in a vast increase
in their combined dependence upon and
responsiveness to the popular Will. In
other words, the National Government
has. for all practical purposes, put the
States at its feet, but in its turn has
been brought sharply under the control
of the people.
The amendments to the Constitution
reflect the course of these two move
ments.
The first 10, known as the Bill of
Rights. we're submitted and adopted
within a few years after the new Gov
| eminent began to function. There had
been a strong demand for placing these
additional "chainS of the Constitution"
| as jefferson called them. upon the Cen
trail Government when the Constltu-
ton was submitted to the States. the
proponents of the Constitution, accord
ingiy. promised the prompt submission
of amendments covering additional
safeguards for the individual against
governmental oppression. That oppres-
sion was dreaded because of the bitter
recollections of Colonial experiences at
the hands of the British.
The eleventh amendment proposed
by Congress in 1894 in response to pop
ulHr clanlOrD Is Tie Oily dlllCllGllIcILl
strengthening the authority of the
States. It protected a State against be-
ing sued by an individual. 1t almost
amounted to the recall or, at least. the
reversal of a judicial decision, for it
was a direct result of popular disap-
proval of the Supreme Court decision
in Chisholm VS.. Georgia.
The twelfth amendment, proposed, as
all the amendments have been, by
Congress, did not affect the distribution
of powers, but merely clarified the
method to be followed in recording the
preferences of presidential electors.
The thirteenth, fourteenth. fifteenth
and nineteenth amendments asserted
the Federal authority as above that Of
the States on slavery, citizenship and
voting. The eighteenth and sixteenth,
dealing with the liquor question and
income taxes, further strengthened the
Federal power as against that OF the
States.
The seventeenth amendment, provid-
ing for direct election Of Senators. rep
resented the assertion Of complete pop
ular control over both houses of Con-
gress
The Supreme Court has been blamed
for taking the lead in crushing. or at
least diminishing, the powers of the
States. AS a matter of fact, alllcst the
first act of the new Governments that
came into being in 1Tc0 was ruthlessly
to bring is strength to bear uRon a
State. THht show Of strength woh not