The Clinton chronicle. (Clinton, S.C.) 1901-current, September 01, 1955, Image 11
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
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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
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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
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Phone 111
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