The Farmville herald. (Farmville, Va.) 1957-current, 1963-01-15
10th Amendment
Basis For Free
Government
BY CLARENCE E. MANION
Former Dean. NOtre Dame Law
School. Director of ManiOn
Radio Forum


Radio Forum
We should never forget that
we are against Communism be-
cause We are for freedom. Free
dom means strong. enforceable
limitations u pom governmental
power God gave us ON. liberty
but the Constitution has enabled
us to protect it.
One basic protection again.
tyranny is the reservation Of
State jurisdiction set forth III the
Tenth Amendment. If this pro-
vision could be strictly enforced.
it would be practically impossi-
BILE for the Communist conquest
to succeed in taking over this
country But the Tenth Amend
ment is being ignored by Con
greSs and by the Federal Courts.
Thoughtful students of our con-
stltutlonak system are profound
| ~ alarmed about this drift into
tyranny, but the drift will not
be reversed until the American
people wake up and realize what
is happening to their freedom.
The Tenth Amendment pro-
| VldeS. Powers not DELEGATED TO
! the United States by the Goa
Stitution. nor prohibited by it to
the States. are reserved to the
States respectively. OF to the
people
When the trainers of our Con
stitution met in 1887 they knew
they had to form a central gov
eminent which Woald be strong
enough to deal with issues of ma
tional scope, but which must be
prevented from usurping powers
of sovereign states which were
neither denied to them nor dele
gated TO the central government
by the Constitution. They were
aware that Power tends to cor
rupt, absolute power corrupJs
absolutely.
The Terth Amendment was
expected TO circumscribe the ac-
tivities of the central govern
ment within the orbit Of its spe-
officially enumerated powers.
/. Unfortunately. the Constitution
as known TO those of us who
studied law many years ago, is
! gone. Our Government has be-
come one of unlimited powers.
I For instance, Congress can
spend money for the general
welfare. +" but Congress is also
the Judge of what the general
welfare might be, unless the de-
cision is clearly wrong, a dis
play of arbitrary power, not an
l IhN4 oiNt VI JIM u, ilI- Ill.
The Supreme Court has so de-
creed. BY deliberately ignoring
what the trainers of the ConSti-
tuition said the General We'll
fare Clause. IN cant, the
Supreme Court released the
spending powers of the Congress
from al constitutional restraints.
in recent case.
We have had within recent
months graphic Illustrations Of
the immense power now center
ed in the Federal Government.
For example, the New York
Prayer Case illustrates the I'M
checked power Of the Supreme
Court to strike down local and
state actions affecting an impor-
tant aspect of the lives of our
children
The 83th Congress Will write
history that VIII vitality affect
the future of our Republic. The
choice viii be between preServ-
ing what IS left of states rights
under the Tenth Amerdmeat,
ard restraining socialistic spend
ing. or the modification Of tie
cloture rule to expedite the pas
sage Of unconstitutional civil
rights legislation and socialistic
spending schemes
An example of the gradual en-
croachment of Federal control CT
establishments competing with
private industry is the iva prof
ect. In 1885. the Supreme Court
upheld the authority Of Congress SIS
to dispose of all electrical
7 onnro,r croraratcJ NV tho Wilson