The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-08-30
The Proposed
Constitution
, By
JOHN EWBANk

In discussing the proposed con-
stitution 1 hope that those who
are interested in the subject will
bear in mind that since the adop-
iton of articles of confederation
| in the continental congress there
has ever been a conflict between
those who would centraEze the
power of government under the.
theory that greater efficiency and
cohesiveness is obtained, and
those who would delegate the
power of government as far as
possible to local communities with
a system of checks and balances,
restraining officials by imposi
ton of definite restrictions, and
emphasizing a direct control by
the people. In framing constitu-
tions we go upon the theory that
either the people withhold unto
themselves all powers not passed
on to the legislature, or that the
legislature has all power not posi-
lively or implicitly withheld In
this state, by court decision, the
legislature has all powers not
withheld by the constitution. 1t
is well to keep this in mind.
Alexander Hamilton was per-
haps the greatest exponent of the
Capitalization theory and Thomas
Jefferson was the greatest eX-
ponent Of the local government
| theory. The constitution Of the
United States was intended to be
a happy medium between these
two theories, and most of the
state constitutions have attempt
ed to follow suit in this respect.
They attempt to preserve as
much of the democratic form Of
government as possible, but, rec
ognizing that any pure democracy
is Of short life,f enough of GEN.
traiization is engrafted to save
the best in democracy and avoid
the worst in autocracy and other
centralized forms, and to avoid
the gradual development into
tyranny. AS this situation enters
into all our governmental set-ups
we should remember it. Never
less, those who are familiar at all
with the trend in this respect
will admit that there has been a
great drift or swinging of the
| pendulum of late year stewards
| the Hamiltonian theory. and 4
| greater and greater amount of
the functions of government have
been drifting inward to the fed
| eral and state, thereby depriving
the people more and more of di-
| rect control.
l believe if the proposed con-
stitution is adopted we will hasten
| this process, as far as North Car
DINA is concerned, and transfer
to the state government more
than has been transferred by all
the amendments that have so far
been incorporated since the adop-
ton of the constitution in 1863.
From the record of history, both
within and without our country,
it is easy to perceive that as time
goes on and greater intricacies
of trade and business develop
more uniform measures will per-
meate the governmental set-up,
both national and state.
| Faced with this inevitable drift
are We justified in anticipating
the future by a more rapid GEN.
tralization than is consonant with
the necessity of the times? The
present constitution, as it was or
| iginally passed in 1868, was
J framed and took its beginning in
a period of great stress and cris-
is. 1t has been changed since by
lconvention and amendments and
we know now what we have. 1t
would not have been accepted at
the time in it's then form if it
could have been put to the peo-
pie. But the people have had OPP