The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1935-11-15
By JOHN EWBANK

The most difficult thing arising
ont of the constitution is the fix
inc of the power of congress III
the matter of law making. This
fixing" because of the ever
changing and charging field OF
government, continues, and OF
necessity will continue. in a state
of "flux." The supreme court,
which was organized shortly after
the adoption of the constitution
and as provided therein, has been
continually pressed for an inter-
probation of the power OF con-
gress as involved in some law
passed by it. The court, having
this power of Interpretation Is
probably in the long run the most
potent factor in the constitution,
since the whole frame, however
so good it might be, must depend
in the end upon the exercise OF
the law making power. This pow
err is the sill from which is drawn
all necessary sustenance. Il feeds
the administrative as we'll as the
judicial functions of the govern
ment, as well as preserving it
self.
| During Washington's and Mar
shalPs administrations the FEEDER
Ialists had somewhat the edge on
the Democrats-that is to say,
those who favored the utmost
powers for the national govern
ment had an edge over those who
favored limiting power to strict
Interpretation of the constitution,
but the two views were much be-
fore the country. The supreme
court generally held with the Fed
eralists through it's decisions
since it was continually rendering
decisions broadening the powers
of congress.
For 35 years John Marshall, its
chief justice, was writing opinions
that shocked the "strict interpre'
tationists," who began to cal
themselves Democrats or Republic
can-Democrats and who had Il:
their great leader Thomas Jeffer
son. Jefferson was apprehensivt
of danger to the country by the
creation of a too strong centra
government which he though
might evolve into a tyrannica
form, too powerful to be copet
with by the states and the people
He bitterly denounced the trent
in these early decisions of tn
court and fought increasingly t.
limit the powers of congress AM
augment the powers of the state
and local units. The Republican
Democrats of his day were merg
ed into what we now call tn
Democratic party, while the fol
lowers of Hamilton took on sew
eral party names, finally emery
ing into the Republican party o
1854. But generally speaking, Re
publicans and Democrats now ad
NIT that but for John Marshal
and the early. interpretations o
j., the court, the constitution woul
! hardly have been able to surviv
! the rancor, jealousy and hatre
:. of the time, and the suspicious o
,, the people towards the new GOV
eminent. The bitterness wit
which each group maintained II
. position is well known to ever
I one who has studied the early nj:
tory of politics in the country, ye
as time passed we have witnesse
the supporters of each group d
\ violence to its declared principle
i Thomas jefferson, the create!
) Democrat of them all and col
: tender that the constitution shout
be strictly complied with, ws
perhaps the first president VIII
was prepared to violate direetl
i this doctrine. He purchased frol
j France the vast western reglor
then known as Louisiana. He 81
not think for a moment that h
d had the. right under the constltl
/ IlOH " purchase IlllS-'T ~ 1870
Most of his advisers felt ikewis
} Nevertheless, he felt that /
g should acquire this region Will
the owner was willing to sell. b
p could not wait for an amendmel
Y to the constitution permitting nj
n to act. The process was too SLOW
4 He felt he had to act at once
! never. He envisioned a great pow
u Ell keeping house on our bac
n porch, and feared it might civ
US direct trouble as well as SER
ing to cut off further develop
ment of our "back yard" Had
not acted, it is more than pro-
able that our history would hay
been confined to the regions ca
Ne OF the Mississippi, and the oppo
= tunity of enabling the nation t