the change proposed. In the one hundred years prior to the recent Income
Tax Amendment, however, only three amendments were enacted (Numbers
XIII, XIV, and XV), all of them dealing primarily with the abolition of
slavery and the civil rights of the Negro. The only one which need be
noticed here is Number XIV, which substituted a federal test of
citizenship for state tests and provided that no state should "deprive
any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of
the laws." There was nothing new in these prohibitions. In substance
they are as old as Magna Charta and were already embodied in most if not
all of the state constitutions. The novelty lay in bringing the
question, whether a state had in fact denied due process of law to an
individual or corporation, within the jurisdiction of the federal
courts. From a legal viewpoint this was a change of great importance. To
the general student of constitutional government, however, it is less
significant than others presently to be mentioned.

Right here it may be proper to notice a new theory of construction of
the Constitution, not yet accepted but strenuously urged and containing
enormous potentialities. This is the "doctrine of sovereign and inherent
power," i.e., the doctrine that powers of national scope for whose
exercise no express warrant is found in the Constitution are
nevertheless to be implied as inherent in the very fact of sovereignty.
This is a very different thing from the famous doctrine of implied
powers developed by Chief Justice Marshall--that all powers will be
implied which are suitable for carrying into effect any power expressly
granted. It is a favorite theory of what may be termed the Roosevelt
school. They consider that it is rendered necessary by the discovery of
fields suitable for legislative cultivation, lying outside the domain of
state power but not within the scope of any express grant of power to