Our Changing Constitution by Charles Wheeler Pierson
page 30 of 147 (20%)
page 30 of 147 (20%)
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dissenting opinion of the four, written by Chief Justice Fuller,
concludes: I regard this decision as inconsistent with the views of the framers of the Constitution, and of Marshall, its great expounder. Our form of government may remain notwithstanding legislation or decision, but, as long ago observed, it is with governments, as with religions, the form may survive the substance of the faith. [Footnote 1: _Champion v. Ames_, 188 U.S., 321.] [Footnote 2: _Hammer v. Dagenhart_, 247 U.S., 251.] [Footnote 3: _United States v. Doremus_, 249 U.S., 86.] Whatever view one may hold to-day as to the question of expediency, no thoughtful mind can escape the conclusion that, in a very real and practical sense, the Constitution has changed. In a way change is inevitable to adapt it to the conditions of the new age. There is danger, however, that in the process of change something may be lost; that present-day impatience to obtain desired results by the shortest and most effective method may lead to the sacrifice of a principle of vital importance. The men who framed the Constitution were well advised when they sought to preserve the integrity of the states as a barrier against the aggressions and tyranny of the majority acting through a centralized power. The words "state sovereignty" acquired an odious significance in the days of our civil struggle, but the idea for which they stand is |
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