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Show I The Gonstitution And III te Amendments IRE ' ' x R H. Dy Wm. D.Guthrle Before tho Pcnn sylvanla liar Association. llfni& as Decomo customary to assert RIMf that tho Federal Constitution Is now UH practically unamendable, when as a 1H' matter of fact Its amendment does PfWLt. not Involve any greater dimcultlcs WgiK, than were Intended or than would HB seem reasonably necessary "r than BfSK Ba It seems to me, would bo provided Km it we were now framing a new nn- Sh K tlonal Constitution. Tho prescribed jfB'W machinery of a voto by two-thirds of KB, both Houses of Congress and rntlllca- B$ Bi tion by three-fourths of the States Mf Tig simply compels deliberation and pre- IK W i vents hasty and inconsiderate action. Bar ft ' no l,con, ' l'lc country really IjMt m desire n particular amendment, it SI ought to bo readily obtainable within Hi iff two years. IHF I The first 10 amendments to tho Hif Constitution of tho United Stales HBt wero proposed by Congress In Sup- Bf tenibcr, 1789, and wero adopted In Mb those, days of stow travel and difficult H. communication by eight States vith- n iu six montliB and by tho requisite Hfc I three-fourths within two years Tho JHtth, ' twelfth amendment, proposed in 1802 KlgjV wob ratified In nlno months. The Kft' thirteenth amendment, proposed by Hf" Congress In 18C5, was ratlfle.1 hy the Bb legislatures of 27 cut of tho then 3G BfJ3 ' ! states within 10 months; and the llf- BK tcenth nraendment, the latest, pro- BS3" ' posed In February, 18C9, was ratilcd Kpt ' by 29 out of the 37 states within one KjE7f year. The delay In the adoption of VE !.' ' the proposed sixteenth amendment BK ' authorizing congress to levy an In- HfcK come tax Is duo wholly to the fact EHR that there. Is a serious difference of BjK opinion as to whether or not the BIK states should confer this power, nl- Kf V though the advocates of tho amend- Kij&V- merit professed tho existence of a HSrT universal desire on the part of tho fcT" peoplo for such an amendment of tho Wf ' Constitution. WmiW The most insidious suggestion that KSTtSft can possibly be made to tho people KiflU at large is that thcro is great or in- kB') surmountablo dilllculty In Becurlng Ml m ' amendments to our constitutions, Just HS as misleading and poisonous as it Is H-lff for them to bo told that their desires R' . are being thwarted by tho Judiciary But I and that they must accomplish re- Bi ' forms either by coercing tho courts Hjf ( or by undermining the foundations of ByVff - their constitutions. Tho future con- Hfwl tentmeut of tho pcoplo requires thut Hnv they shall feel that our governments BBVm ' state and federal nro their govern- Sj mt'iils; that they themselves nro ul- Ft" " tlmutely tho sovereign power, nnU HH' thol they are at liberty to nmeni By-' icir organic law from time to time PJB-ljf us their mature and deliberate Judg- K , moot qhnll deem necessary or''lolr-""Ptjl or''lolr-""Ptjl ' au1 '' "Ult wo conservatives can W& fyj ask or do ask Is that tho peopb snrl Ik vt ncl L'' berately and under c.i'Citin- Et kI stances calculated to afford tlmo and Mli opportunity for full explanation and HI flW a full understanding of the scope of 1L Vfev tho proposed changes, so that errors Hlj'fil may bo discovered and exposed and RjlM so that theorizing, seiitimentallsm, B9yMjP clamor, nnd prcjudlcu may exhaust BkSBKJ themselves nnd tho sober second Kl&K&k thought of every .part of tho country jprarcb ho asserted. If, then, it be Uctcrmln- B$i?;tfl ed to amend our constitutions ovjn Kjffl to tho extent of placing our llyn, Hf'l our liberties, and our proporty at 'tho Hf ,',! j unrestrained discretion and mercy of jgHE our legislators, tho will of tho sov HiglfftS ' erelgn people will havo to bo obeyed. IKm Lot ub hope and pray, however, that KLWaV when amendments arc adopted they Bf?f will bo conservative and wise, that $ "' H the rights of the individual as against HpT' Bj tho majority will not be heedlessly K4 ' vW sacrificed for tho temporary nilvnn- Kt , H tnge of ono class over another and 1 jjl that it will bo appreciated that Indl- B. int vldual liberty Is tho vital concern of B- Sm every man, rich or poor, and Ib b- K ' fC"n sential to the perpetuation of tho in- k3' - F stltutlons which we cherish as pocu- R ) linrly and pre-eminently American. 'W Let U8 cspcci tliy try to avoid permit- Ht M ""K any claBS ' J ni3t) iih of eouhtl OlB tut'cnal amcnlmcii'.ri or of statutory MiUflR (iiuctmcnts for Us u.n special pur HSUK poses. Let us ulrWe to uscertaln the MHK real motive of thoip who are foment BPIK '"s u-scord or "trs reii'.-'lcb tor nl- SBJB Ieged social evils. Let us, while HBhk- ' meeting in full sympathy, goneroslty, JraljEf and charity tho legitimate demands Qjag of tho laboring classes and tho poor KSmR- am bumble, nevertheless keep our TO eyes open to prevent any such vicious " MA results as would arise from constitu- it jff3 tional or statutory provisions framed H nominally In the interest of labor, '"! but really for tho purpose of serving & the Interests of a particular class U : I ugalnst another. In tho meantime, if pending such amendment In tho due, K orderly, and reasonable courses pro- " r scribed by our constitutions, let us Uq be faithful and devoted to our organ- 1 l0 biws, which havo carried us for M ' , mro than a century through every ' Btorm and so often "In spite of false , "fibts on the shore, "and let us bo r, truthful and fair nnd If possible, tenv pprato in our criticism of all public odlclals, whether legislative, executive, execu-tive, or judicial. Finally, a. word about the special duty of our profession. It Is not the pulpit nor the press, but tho law which reaches and touches every flbro of the whole fabric life, which Burrounds and guards every right of the Individual, which grasps the grentcst and the least of human nf-fairs, nf-fairs, and which comprehends the whole community nnd every human right. Wo lawyers, If worthy of our profession, are in duty bound not merely to defend constitutional guaranties guar-anties before tho courts for Individual Individu-al clients but to' teach the people In season to value and respect the con stitutional rights of others, to value and respect the moral principles embodied em-bodied In our constitutions, to value and respect the rights of person nnd property, to respect and cherish the institutions we have inherited. Is It not our duty to preach constitutional constitution-al morality to the rich nnd to the poor, to nil trades nnd to all professions, profes-sions, to nil ranks and to all classes, In tho cities and on the plains? Is it not for us to convince tho members mem-bers of every class that the disregard disre-gard of the fundamental rights of others In the long run would be in conflict with their own permanent welfare and happiness, nnd should not be suffered if we are to remain a free people? Today more than ever the bar Is tho great conservative forco In Amcrlcnn politics nnd wo the guardians of the American constitutional con-stitutional system. What higher duty could engage us than to teach Its sa-credncss sa-credncss and Its permanence, in tho lofty phraBO of tho Iloman advocate, its eternity, nnd to preach to all classes tho virtue of self-restraint and respect for tho rights of others, without with-out which thcro can bo no true constitutional con-stitutional morality. -1 M 1 |