Evening star., 1936-12-25
Defining General Welfare
And Due Process of Law

TO the Editor Of The Star:
An Associated Press news article I'm
your columns recently contains some
interesting questions which readily are
answered by public documents avail
able to all.
One question Is: "Shall we define
general welfare once and for all?"
"The general welfare clause (of the
Constitution contains no provision of
power, Of itself, to enact any legislation,
but. on the contrary, the words and
provide for the common defense and
general welfare is limitation Of the
taxing power of the United States only. /"
This disposes of the erroneous notion
prevalent that the Congress can pass
any sort Of legislation for every purpose
on the allegation that 1t Is ito promote
the general welfare" In clear-cut de-
cision this court has made plain that
Federal taxes cannot be levied upon one
class to be put into the pockets of an
other. It Is equally clear under the
Constitution that Federal tax money
must 60 into the Treasury Of the United
States and be expended for purposes
Of Government under powers delegated
to pay the debts and provide for the
common defense and welfare Of all.
Another question is: Exactly what
does due process of law mean?"
by the law of the land (Which Web
ster said was equivalent to due process
of law) is most clearly intended the
general law. o law which hears before
it condemns. which proceeds upon in
quiry and renders judgment only after
q ma AritD ie hot nj
zen shall hold his life. liberty, prop
erty and immunities under protection
Of the general laws which govern So
ciety."
Our highest court approved this defini-
ton OF due process Of law" as given
by Daniel Webster in the Dartmouth
College case. In further decision, this
same court held that due process of
law, within the meaning Of the fifth
amendment, refers to the law Of the
land, which derives its authority from
the legislative powers conferred upon
Congress by the Constitution of the
United States, exercised within 1imita-
tions therein prescribed and interpreted
according to the principles Of the COM
mon law"
Again, it was said by the Supreme
Court of the United States that due
process Of law means "a course of legal
proceedings according to those rules
and principles which have been estab-
lished in our system Of jurisprudence
for the protection and enforcement OF
private rights"
Due process Of law, then. protects the
citizen by law unwritten, by valid laws
written and by judicial preservation
OF rights guaranteed.
Rights reserved to the States and to
the people are rights inherent or rights
conferred on the American Colonies by
charters of liberties. They are known.
They exist still unless expressly dele
gated to the Federal Government.
Further to guarantee such rights, the
first 10 amendments to our Constitution
were added. The Constitution would
not have been approved unless it was
agreed that the bill of rights" must
be added TO it. In these 10 amendments
(for every man to see and know are
set forth most priceless liberties and
immunities of free people They arc
restrictions upon the Federal Govern
ment for protection of rights of the
States and of the people
To surrender these priceless rights
in a time when men are melted to
yield to political hysteria is to make
Government in the United States the
master instead of the servant Of the
people Modern evils can be eradicated
without tearing down the most effec-
tive means needed to overcome them.
The common sense of the American peo-
pie has solved every great problem in
all our history, while temporizing bu-
reaucracy has aggravated wrong and
blunderingly fastened new disabilities
upon the people. Brainstorms have
their day and pass away, but human
rights and freeman rights never should
pass away from the people to any Gov
ernment. JOSEPH w. CHENEY,