Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Nearly twelve years have passed since the decision of the Income Tax
cases, and there has been ample time to amend the Constitution if
the people had so desired. But, instead of submitting an amendment
such as was introduced in the House of Representatives last week, it
is suggested by some that an attempt should be made to disregard or
circumvent the Constitution as interpreted by the Supreme Court and to
speculate on the change of its personnel and the chance of different
views on the part of new incumbents. Surely, the simpler and wiser
course would be to ascertain the wishes of the people in the manner
provided by the Constitution. Assuming, as is so frequently asserted,
that the people generally want a federal income tax, ratification of an
amendment can be readily secured. The Congress, by a vote of two-thirds
of both houses, can at once propose the necessary amendment, which will
become effective when ratified by three-fourths of the states. The
ratification can probably be secured in less than six months if there
really exists any general sentiment in favor of such an amendment, for
more than three-fourths of the state legislatures meet this winter. If
deemed necessary, conventions could be called to meet within a few
months. In any event, the delay ought not to exceed fourteen months.
No student of our institutions can doubt that amendments to the
Constitution will soon be thought necessary, and that such amendments
will be submitted to the people. Our political system has not ceased
to grow. Conditions are constantly changing, and powers which were
adequate for the government of a federation of agricultural states may
become insufficient for the necessities of the national government of a
highly commercial and manufacturing people, with world-wide interests.
Mr. Root's eloquent speech last night before the Pennsylvania Society
has shown us how inevitably and irresistibly we are tending toward
centralization. But it is mischievous and dangerous for the people to
be taught that there is great or insurmountable difficulty in securing
amendments to the Constitution in order to supply its defects or to
meet changed conditions and that they must therefore accomplish their
wishes by indirect means or by perverting delegated powers. The future
contentment of the American people requires that they shall feel that
they may readily, and are at liberty to, amend their organic law
according to their mature judgment whenever they deem it necessary to
do so. All that can be asked is that they shall act deliberately in the
manner provided by the Constitution and under circumstances calculated
to afford time and opportunity for error to be exposed, for theorizing
and clamor and prejudice to exhaust themselves and "for the sober
second thought of every part of the country to be asserted." If, then,
it be determined to give to the national government the power to levy
income taxes without apportionment, or to control successions to the
Public-domain text, read in full here on John Shaqi.
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