Our Changing Constitution

by Charles W. Pierson

III. OUR CHANGING CONSTITUTION 18

Change in popular attitude toward the Constitution. Causes of the change (growth of national consciousness, wars, foreign relations, influence of later immigrants and their descendants, desire to obtain federal appropriations, economic development, railroads, free trade among the states). Methods by which change has been put into effect (constitutional amendment, treaties, federal legislation under cover of power to regulate commerce and lay taxes). Attitude of the Supreme Court. Differences of opinion in the Court.

IV. THE EIGHTEENTH OR PROHIBITION AMENDMENT 35

History and radical character of amendment. Efforts to defeat it in the courts. Unusual course taken by Supreme Court. Discussion of its true place in the development of American constitutional law. Less a point of departure than a spectacular manifestation of a change already under way. Effect of the change on the principle of local self-government.

V. THE NINETEENTH OR WOMAN SUFFRAGE AMENDMENT 49

Attitude of the Constitution toward question of suffrage qualifications. Effect of Civil War amendments. Growth of woman suffrage movement and adoption of Suffrage Amendment. How far the amendment constitutes a federal encroachment on state power. Effect of woman suffrage on questions of governmental theory.

VI. CONGRESS VERSUS THE SUPREME COURT—THE CHILD LABOR LAWS 59

The child labor question. Philanthropic and commercial aspects. Attempt
of Congress to legislate under power to regulate commerce. Decision of
Supreme Court holding law unconstitutional. The decision explained.
Reënactment of law by Congress under cover of power to lay taxes.
Arguments for and against constitutionality of new enactment.

VII. STATE RIGHTS AND THE SUPREME COURT 69

The Supreme Court at first a bulwark of national power; to-day the defender of the states. Explanation of this apparent change. Attitude of the Court in the first period. The period of Chief Justice Marshall. The period of Chief Justice Taney. The Reconstruction Period. Attitude of the Court to-day. Reasons why the Court is unable to prevent federal encroachment. Attitude of Hamilton and Marshall toward state rights misunderstood.