Our Changing Constitution by Charles Wheeler Pierson
page 34 of 147 (23%)
page 34 of 147 (23%)
|
[Footnote 1: Id., pp. 354-356.]
The Attorney General of the State of New Jersey:[1] attacked the amendment as an invasion of state sovereignty not authorized by the amending clause and as not, properly speaking, an amendment, but legislation, revolutionary in character. [Footnote 1: 253 U.S., pp. 356-357.] The eminent Chicago lawyer, Levy Mayer, and ex-Solicitor General William Marshall Bullitt, contended,[1] among other things, that the power of "amendment" contained in Art. V does not authorize the invasion of the sovereign powers expressly reserved to the states and the people by the Ninth and Tenth Amendments, except with the consent of _all_ the states.... If amendment under Art. V were unlimited, three-fourths of the legislatures would have it in their power to establish a state religion and prohibit free exercise of other religious beliefs; to quarter a standing army in the houses of citizens; to do away with trial by jury and republican form of government; to repeal the provision for a president; and to abolish this court and with it the whole judicial power vested by the Constitution. [Footnote 1: Id., pp. 357-361.] |
|