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Thursday, September 1,1955 THE CLINTON CHRONICLE Page Ele* r * By SPECTATOR.. COMMENTS on MEN AND THINGS What authority has the Su preme Court ,of the United States? In discussing the juris diction of the Federal Govern ment in the Legislative, Judic ial and Executive Departments we of the original thirteen states should remember that thirty-five of the forty-eight states were admitted to the Un ion by Act of Congress, and that they regard the Federal Government as supreme. Those thirty-five states were Federal Territories before being admit ted as states, and they were, as Territories, governed directly by Federal authorities. We of the original thirteen states, thoee Colonies which won their independence; and then as in dependent States, separate and Sovereign, vountarily organized a Federal Government to act for them in certain matters, we built the Union. The thirteen states which formed the Union, or Federal Government, were' Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massa chusetts, Maryland, South Caro lina, New Hampshire, Virginia, New York, North Carolina and Rhode Island—13. The Constitutional Convention of 1787 was not called to con struct a government from the ground up; the thirteen States al ready had their own govern ments, and had been fully sover eign even before 178T, when the first National charter or Consti tution was adopted, known as the Articles of Confederation. They refer to themsleves as States in 1777. The basic idea of the thirteen States, in forming a Union, with a Federal organization, was the idea set forth by Massachusetts in 1780, which declared: “In the government of this common wealth the legislative depart ment shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legisla tive or judicial powers, or either of them; the judicial shdll never exercise the legislative and ex ecutive powers, or either of them —to the end that it may be a government of laws and NOT OF MEN.” The Constitution was adopted by small majorities in the thir teen States because of the fear of usurpation of the powers of the States, by the Federal Gov ernment. The States did not mean to make broad grants of power to the Federal Govern ment; the States meant to con trol , the Federal Government within the bounds of the Consti- tutioh, strictly interpreted, con strued and applied. The Constitution can be amended, as provided by the Constitution itself; it is not some thing to be amended by courts and Executive usurpations. As George Washington said in his Farewell Address, we should resist “the spirit of innovation,” . . . “however specious the pre texts”; and should a modification or amendment be necessary such should not be “upon the credit of mere hypothesis and opinion”, but as the great document itself provides, “Let there be no change by usurpation,” Washington urg ed. When the thirteen States adopted the Constitution there was opposition, even among its friends, many fearing that the rights of States and individuals were not adequately assured. In the Constitution, as adopted, were provisions to protect citi zens in the enjoyment of certain ancient rights, such as forbidding expost facto laws, and bills of attainder; and guaranteeing ha beas Corpus, trial by jury, etc; but there was fervent dissatisfac tion, notwithstanding. So, al A Home Loan Plan TO FIT TOUR NEEDS What's year home-financing problem? A home you want to build? Existing home ytm, want to boy? An old-type mortgage you’d like to refinance? Monthly payments brought in line with your income? Then, come to us for the home loan plan to fit your needs. EDERALdAVINCS |AND LOAN ASSOCIATION A Clinton Institution Serving Clinton People Since 1909 Telephone No. • Support Your Local Chamber of Commerce tdcaco Sky Chhf wMi ktrox givet more gasoline too* o • t You'll fed a powerful difference in new top eetana Sky Chief. It’s saper-ehargod with Texaco’s exclusive Petrox, the all-pttroUum additive that cute deposits and wear. Reeulti yea get added power ... more gasoline mileage ... and top engine protection! And Sky Chief Is 100% CtimmU-ControlUd. f STOP IN AND SEE YOUR TEXACO DEALER SOON H. D. Payne & Co. Your Texaco Distributor Laurens County most immediately, 12 amend ments were proposed, 10 being proposed in 1789 and adopted in 1790. It is interesting to read the resolution of the Congress, in submitting the twelve proposed amendments in 1789: “The Conventions of a number of States, having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further de claratory or restrictive clauses should be added; And, as extend ing the ground of public confi dence jn the government will best insure the beneficent ends of its institution,” etc. Articles 9 and 10 are still part of the law of the land; both were adopted in order to re-assure the States, and to make their rights clear and sure. Article 9 declraes "The enume ration in the Constitution of cer tain rights shall not be construed to deny or disparage others re tained by the people.” This em phasizes that the National Gov ernment is a government of dele gated powers, and that its field of operation is restricted to the express or implied powers duly gmated by the Constitution. The 10th Amendment goes even further: ‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people”. Sovereign powers. In intrepreting the Tenth Amendment in 1911, the Su preme Court said of unsurren dered powers, reserved powers of the States: “Among the powers of the State, not surrendered, —which power therefore remains with the State—is the power to so regulate the relatives rights and duties of all within its juris diction as to guard the public morals, the public safety, and the public health, as well as to pro mote the public convenience and the common good”. 219 US 549. The Supreme Court is granted appellate jurisdiction, both as to law and fact, etc. Appellate means that the Court will review the case, as ap pealed from the lower court, con sidering the law, especially. It certainly does not mean that a group of men on the Supreme Bench may base decision on movies and TV programs, or half- baked sociological disquisitions, or wild conjurings or hallucina tions. The 13 States, as Sovereigns, delegated certain of their Sover eign prerogatives to a Central, or Federal Government, but retain ed in full all other powers. Within two decades the Na tional Government in all Depart ments, has been usurping the rights of the States; and we have largely contributed to that by running to Washingotn, with hat in hand, begging for crumbs. We today judge our Congressmen by the money they can squeeze out of Washington for us, not by the preservation of our liberties. Why are we building school hauses? If we have really thought—and our thinking has been based on realities—we know that public schools are doomed, unless we are ready to accept the decision of the Fed eral Courts. I wholly disagree with the Fed eral Supreme Court, as is well known, but I can see clearly that our school plan, our public school system, is as dead as Hector and only waiting for the funeral and the interment. Let’s stop quibbling and let’s stop cherishing hopes that are as unfounded as the wildest halluci nations: the whole State plan is dead. Why, then are we build ing schools for Colored children and schools for White children? We are wasting money. What we must do is repeal all the laws and taxes affecting public schools and prepare for private schools. It is so urgent that any amendment to the Constitution should be ready, together with all necessary legislation. • • • The Emplyoment Act declares that: “The Congress hereby de clares that it is the continuing Federal Government to use all policy and responsibility of the practicable means consistent with its needs and obligations and other essential considera tions of national policy, with the assistance and cooperation of in dustry, agriculture, labor, and State and local governments, to coordinate and utilize all its plans, functions, and resources for the purpose of creating and maintaining, in a manner calcu lated to foster and promote free competitive enterprise and the general welfare.” “The government cah and should maintain a political at mosphere conducive to private enterprise, initiative, and risk taking. It shuold carefully pre serve the economic incentives that spur men to their best ef forts. For the most part, this means protecting life and prop erty and leaving honest business alone.” IF YOU DON'T HEAD THE CHRONICLE YOU DONT GET THE NEWS Dr. Felder Smith IN Laurens, S. C. Bring a Friend To Church With You _j -I ’Most anything worth doing, isn’t easy. A man’s job, for example, isn’t easy. Often it’s complicated and dangerous with problems a-plenty. It isn’t easy, either, to be a homemaker. A dozen skills and more are needed, not to mention endless hours of monotonous tasks. Yet, man or woman, usually you’re urged on by a dogged determination to “do it—or else!” But when it comes to living a life that’s commend able and above reproach, does your determination still prod you on? Do you dare stand for right against all odds? Then your place is in the Church, where others feel exactly as you do. Join them now in worship and work, and your determination will be strength ened, your faith renewed. Th. Chur^n ^ CH 111 «*• ol thl £ m * ,un ‘'y and ^ U 131 and »o(^ no , Chu7ch <*••1/. wh.th n (4) l «*Jy^d , ,Upport Plan to hl r and rood your ‘® churc Sunday tejsi , I cwSLtf •• / it* 1M This Series Of Messages Is Being Published Bach Week By the FsUowiug Clinton Firms In the Interest Of Increasing Church Attendance L B. DILLARD , I . .* * Phone 142 Bank Of Clinton Phone 121 Howard’s Pharmacy Phone 101 Giles Chevrolet Co. Phone 26 Farmers Feed & Seed Store Phone 1025 ■ _ i _ Burriss-Harrison Co. Phone 435 Clinton Tire & Recap. Co. Phone 1206 L. B. Dillard Phone 142 Carolina Service Station Phone 614 Gray Funeral Home Phone 41 Timmerman Motor Co. Phone 119 Young’s Pharmacy Phone 19 Anderson Appliance Co. Phone 927 Citizens Federal Savings and Loan Assn. Phone 6 T. E. Jones & Sons Phone 131 McGee’s Drug Store Phone 1 Gulf Oil Corp. Phone 21 Cooper Motor Co. Phone 515 Sunshine Cleaners Phone 436 Belle’s Phone 34 Todd Grocery Co., Inc. Phone 8 McMillan Service Station Phone 2 Clinton Cleaners Phone 948 D. E. Tribble Co. Phone 94 Chandler’s Garage Phone 71 H. D. Payne Co. Phone 120 Johnson Bros. Super Mkt. Phone 239 Clyde Body Works Phone 850 Industrial Supply Co. Phone 111 The Clinton Chronicle Phone 74 Baldwin Motor Co. 584 <